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Texas Landlord - Tenant Questions & Answers
2 Answers | Asked in Contracts, Civil Litigation, Landlord - Tenant, Personal Injury and Real Estate Law for Texas on
Q: How can I retrieve my car from a locked shop due to my ex's debt?

I'm seeking advice on retrieving my vehicle, which is locked in a shop that my ex-boyfriend was renting. The shop owner locked the premises due to my ex-boyfriend's debt, but my vehicle, which is registered under my name, is inside. The owner mentioned he might consider giving me the car... View More

John Michael Frick
John Michael Frick
answered on May 13, 2025

If your car is worth $20,000 or less, you can file a suit for replevin in JP court. The owner's landlord's lien does not apply to motor vehicles not owned by the tenant.

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Texas on
Q: Apartment complex demands 5-star review for rate renewal in Texas. Is this blackmail?

I am currently negotiating a renewal rate with my apartment complex. They agreed to a new rate in writing but stated they would only implement it if I write a 5-star review on Google. We haven't signed the renewal yet, as we haven't written the review. The request was communicated via... View More

John Michael Frick
John Michael Frick
answered on May 12, 2025

No it is not considered "blackmail." Blackmail involves the use of threats to disclose incriminating or embarassing information about someone to obtain money or property from another.

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2 Answers | Asked in Landlord - Tenant, Business Law and Real Estate Law for Texas on
Q: Who repairs water-damaged breaker box from landlord's leaking roof?

As a tenant operating a business in a leased commercial space, water damage occurred to our electrical breaker box due to a leaking roof, which is the landlord’s responsibility. We notified the landlord, who referred us to the maintenance person. Our lease states that we are responsible for... View More

John Michael Frick
John Michael Frick
answered on May 9, 2025

The answer to your question depends on the exact language of your lease agreement and possibly local ordinances where the premises are located. It is very important to read and understand the lease as a whole, and not to focus on single paragraphs or sections of the leases.

It is extremely...
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2 Answers | Asked in Landlord - Tenant, Insurance Defense, Personal Injury and Real Estate Law for Texas on
Q: Apartment maintenance caused damage to my car; who is liable?

While the maintenance man at my apartment complex was using a weed eater near my parked car, he accidentally launched a rock that shattered my car's window. I tried speaking to the landlord/apartment manager, but she said there's no proof it happened and refused to show me security camera... View More

John Michael Frick
John Michael Frick
answered on May 8, 2025

Depending on the specific facts, it may well be that no one is responsible. It sounds like an accident. Your automobile comprehensive insurance coverage should cover the damage regardless of whether anyone is at fault.

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2 Answers | Asked in Landlord - Tenant, Domestic Violence, Civil Litigation and Real Estate Law for Texas on
Q: How to remove erroneous judgment filed by non-owner (Invitation Homes) in Texas?

In 2018, I was evicted from my apartment, which I paid in full. Recently, I discovered that Invitation Homes has a debit judgment against me from that year, impacting my credit and criminal background check, even though they were not the property owners of the apartment complex. I have all court... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

It is unclear what you mean by the company "has a debit judgment against you." It sounds like you have confirmed that it does not have a debit judgment against you. It sounds to me like there is nothing that either you or it needs to do as there is no issue to correct. If a judge has... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: What are my ex-partner's rights to re-enter and retrieve property he claims he paid for after moving out in Texas?

I have been living with a man for 15 years, and we recently broke up. We had no lease or formal rental agreement since the house is fully paid for. He contributed to bills and paid the property taxes but did not have any ownership in the property. We have no shared assets or jointly owned property.... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

He has the right to retrieve his belongings from the home. Since you were not married and there is no jointly owned property, this should not be too controversial. If he bought it, he should be allowed to retrieve it.

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Texas on
Q: Can I legally install a lock on my room door for privacy in my mom's house in Texas?

I am 38 and living with my mom in a house she owns, along with her boyfriend who believes he has the right to go through my room and occasionally takes things. He claims it's his house and he can do as he pleases. My mom doesn't intervene, and when I address it, she either ignores it or... View More

John Michael Frick
John Michael Frick
answered on Apr 28, 2025

With your mom's consent, you may legally put a locking doorknob on your room. Because your mom owns the home, without your mom's consent, you cannot.

3 Answers | Asked in Landlord - Tenant, Animal / Dog Law and Real Estate Law for Texas on
Q: How to evict tenant after expired lease and property issues in Texas?

I am renting out a house in San Antonio, Texas, where the lease agreement with the tenant expired about a year ago. The tenant continued to pay rent on time, but I discovered during an inspection for a new property management company that the house is in poor condition. There are holes in the wall... View More

John Michael Frick
John Michael Frick
answered on Apr 23, 2025

Because the original lease term has expired, the lease is now month-to-month. You need to give not less than 30-days advance written notice in accordance with the terms of the lease of your intent to end the lease with the end date being on the last day of a rent-paying period. So, for example,... View More

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3 Answers | Asked in Landlord - Tenant, Animal / Dog Law and Real Estate Law for Texas on
Q: How to evict tenant after expired lease and property issues in Texas?

I am renting out a house in San Antonio, Texas, where the lease agreement with the tenant expired about a year ago. The tenant continued to pay rent on time, but I discovered during an inspection for a new property management company that the house is in poor condition. There are holes in the wall... View More

John Michael Frick
John Michael Frick
answered on Apr 23, 2025

After the tenant has moved out or been evicted, you should immediately document all damages to the premises and make all necessary repairs. You can deduct the actual cost to make repairs from the security deposit of the tenant. You must refund the balance of the security deposit and provide an... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Consumer Law and Real Estate Law for Texas on
Q: How can I dispute my apartment's charge for damage caused by improper installations?

I reported an issue with my washer and dryer unit being improperly installed behind a glass mirror closet in my apartment over a year ago. Initially, the apartment complex acknowledged the washer's placement caused damage but assured us we would not be charged. Despite emails that go... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2025

You should send written notification to the landlord or the landlord's representative with copies of the photos and videos. Check your lease to determine if it contains a provision specifying where and how written notice is to be sent. If your lease does not contain such a provision, send... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Texas on
Q: Facing eviction threats and inadequate maintenance from landlady in Texas.

I am currently facing eviction threats from my elderly landlady, who has attempted to evict me three times over the phone. Additionally, her son came to the house indicating that they found someone else to buy the property due to irregular rent payments, despite having been here for four years. The... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

It appears you have a verbal month-to-month lease for an indefinite term. If that is true, then your landlady is required to give you 30-days advance WRITTEN notice to end the lease. She is not required to notify you of her intent or efforts to sell the house. Absent an agreement to the... View More

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3 Answers | Asked in Personal Injury, Landlord - Tenant and Real Estate Law for Texas on
Q: What type of lawyer for elevator incident personal injury claim in Texas?

I need legal assistance regarding a personal injury and emotional distress claim against my apartment complex. My son and I were stuck in the apartment elevator for over an hour after a sudden power outage caused it to drop suddenly. I've attempted to make an incident report with the apartment... View More

James Clifton
PREMIUM
James Clifton
answered on Apr 13, 2025

You will need a personal injury attorney with an emphasis on premises liability at apartment complexes. Regarding your injuries, you likely have a claim for negligence due to the sudden drop of the elevator. The drop could be due to skipped maintenance or lack of emergency systems, causing your... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Business Law and Real Estate Law for Texas on
Q: Seeking legal guidance on property management negligence causing $20,000 loss.

I own a rental property in Texas, and my property management company was negligent in screening tenants and maintaining the property. The tenant who signed the lease allowed multiple families to live in the house. Despite repeated complaints and monthly HOA violations, the management company failed... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Consumer Law, Personal Injury and Real Estate Law for Texas on
Q: Seeking attorney for breach of lease and deceptive trade in TX

I'm looking to find an attorney who works on a contingency basis to help with a breach of contract and deceptive trade practices case concerning a leased premises. For about a year, I've been living with mold and bad water. Despite my written complaints over the past 11 months, the... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

In the absence of significant damages, it will likely not be possible for you to locate an attorney willing to work on such a case on a contingency fee basis. You would need to show some sort of "value" to the leased premises. If it is a commercial property in a prime location with a... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: Is it legal for TX landlords to make tenants responsible for "normal wear and tear" repairs?

I'm getting ready to move out and have concerns about certain provisions in my lease. My landlord added a clause stating that tenants are responsible for repainting and refilling nail holes, which I understand to fall under "normal wear and tear." Is this legal in Texas? They also... View More

John Michael Frick
John Michael Frick
answered on Apr 7, 2025

I think you are correct that the lease by agreement between the parties has shifted what would normally be the landlord's responsibility for cleaning and "normal wear and tear" to you as the tenant.

There is no legal prohibition on the parties agreeing to do this.

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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Being sued for not paying rent after unauthorized access and damage to my room.

I lived in a property for six months under a one-year lease agreement. After I requested to be removed from the lease agreement, the property management refused, stating it was a court matter outside their jurisdiction. In the meantime, I discovered that both tenants took over my room without my... View More

John Michael Frick
John Michael Frick
answered on Apr 7, 2025

The answer to your question depends on whether the "two tenants" are people you were sharing the premises with you under the lease (cotenants) or new people who rented the premises after you stopped living there.

When you sign a lease for one year, you commit yourself to paying...
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2 Answers | Asked in Divorce, Landlord - Tenant, Animal / Dog Law, Family Law and Real Estate Law for Texas on
Q: Can I stay in the house if my husband moved out and can he turn off utilities before divorce in Texas?

I've been married for 16 years, and my husband moved out of our Texas home to a motel, leaving me and our dog. The mortgage and utilities are in his name only. I haven't been able to contact him, and I believe he might have a girlfriend. We haven't filed for divorce yet. Am I allowed... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2025

Yes, you can stay in your marital residence even though he has moved out.

Yes, he can legally turn of utilities that are in his name before a divorce is filed.

Because you are also an owner of the home, you can turn the utilities back on in your name.

If you file for...
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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: Can I withhold rent if water heater issues go unresolved for months?

I am near the end of a 1-year lease on a home, and the water heater has been broken for 4 months. I have made multiple repair requests since November, including emails and phone calls. Initially, a technician was sent, but he wasn't qualified to fix a gas water heater. A contractor later... View More

John Michael Frick
John Michael Frick
answered on Mar 26, 2025

Unless your lease expressly authorized you to withhold rent for this reason, you should not withhold rent.

Chapter 92 of the Texas Property Code does provide you as a tenant with a different remedy called "repair and deduct." See Section 92.0561. You must comply with all the...
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1 Answer | Asked in Consumer Law, Contracts, Insurance Bad Faith and Landlord - Tenant for Texas on
Q: Car lender claimed insurance was included; got ticket for no insurance, no proof provided. What are my rights?

I purchased a car in 2022, and the lender stated that insurance was included in the car note, but they have not provided proof despite multiple requests. I received a ticket for not having insurance, and the lender refuses to provide documentation. I had a written agreement and several... View More

John Michael Frick
John Michael Frick
answered on Mar 26, 2025

There are different types of insurance. The law requires the driver of a motor vehicle to carry proof of liability insurance and provide it upon request to a police officer. This is what you can get a ticket for. It would be very unusual for a lender to provide this type of insurance.... View More

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Texas on
Q: Addressing issues with neighbor's aggressive dog and ESA policy.

I rent an apartment and share a fence in my yard with a neighbor whose large pit bull-type dog constantly barks and growls at my small dog. The dog has even jumped on the fence, showing aggression, though it hasn’t jumped over. My neighbor speaks no English, and communication hasn't resolved... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2025

It sounds like you have done what you can do under the circumstances. You might consider erecting some type of screen along the fence you share with your neighbors or putting an outdoor kennel in your backyard to protect your own small dog in the event that your neighbor's dog breaks through... View More

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