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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: I recently tested the air in my hvac system with a mold kit. When I brought this to the property manager she immediately

Suggested we be released from our lease. We don't want this and cannot afford to move again.i had to have emergency surgery and our life savings had to pay for it. Are they allowed to just kick us out? Why doesn't she want to have a professional confirm or deny the situation?

Ryan Zapalac
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Ryan Zapalac
answered on May 23, 2023

Under the Texas Property Code, a landlord is generally responsible for maintaining the rental property in a habitable condition and making necessary repairs to keep it in a safe and functional state. This typically includes ensuring that essential systems, like HVAC systems, are in proper working... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I received my deposit after 30 days (no postmark). Can I sue based on Texas Property Code, Sec. 92.109?

I didn’t receive a refund check for my deposit until after the maximum 30 days (according to Texas Law). The letter was not postmarked, nor did it have any tracking information, therefore the date of receipt is the moment I physically received it, which was on December 21, 2022. This was two days... Read more »

John Michael Frick
John Michael Frick
answered on May 19, 2023

Section 92.109 provides that a landlord who fails to return a security deposit on or before the 30th day is "presumed" to have acted in bad faith. The presumption is rebuttable.

In any statute that does not specify another method of delivery, the "mailbox rule"...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: How can one sue an apartment complex for safety issues after being evicted?

About a year ago, I lived in a apartment complex with my sister. We did allow a friend to stay a few days to get back on her feet and get her own place to stay. The friend ends up moving across from us causing issues. We have reported her multiple times, she harassed us everyday until an... Read more »

John Michael Frick
John Michael Frick
answered on May 5, 2023

Your question doesn’t seem to address any specific safety issues that proximately caused any injuries to you. So what exactly would you be suing for? There’s no mention of any bodily injury or property damage of any kind.

As for paying rent, if you were able to definitively show that...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I filed a forma pauperis in an eviction proceeding the same day and what was supposed to have happen?

When I filed the pauperis I was told by the clerk that I had to pay more than I was paying for rent. I was geting rent assistance from family endeavors and va. This happened after I notified the city of Dallas of black mold contamination.

John Michael Frick
John Michael Frick
answered on Apr 20, 2023

If no one objects, you should be able to file papers with the court without paying upfront the required filing fee.

If someone timely objects, the court will set a hearing at which you will have the burden of proving your indigent and inability to pay court costs.

Typically, in...
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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can you be evicted for having four support animals in Arlington Texas?
John Michael Frick
John Michael Frick
answered on Apr 13, 2023

No, as long as you meet with following requirements:

Your licensed healthcare professional must determine that you have a need for more than one emotional support animal to alleviate symptoms of your mental illness.

Your ESA letter must specifically reference each support animal....
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Does landlord have to tell you about changes in your renewal lease? Like they start to charge an amenity fee suddenly

I’ve been living in this apartment for 5 years the quality has decreased tremendously but they constantly increase the price of everything.

John Michael Frick
John Michael Frick
answered on Apr 13, 2023

Yes, the new lease would need to state that the landlord is now charging an amenity fee in order for it to be binding on the tenant, and the tenant would have to agree to it. Otherwise there is no meeting of the minds.

If the tenant does not want to accept the new fee, the landlord will...
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1 Answer | Asked in Landlord - Tenant, Contracts and Civil Rights for Texas on
Q: I signed for prorated rent. I was late a couple months after due to accident now they are saying I owe base rent amount?

My lease has base rent pay and prorated rent pay. I signed for prorated rent of $1532 and the base pay is $1900. No we’re on the lease does it say if you were late it goes to your base pay. with the prorated rent I have to pay the difference when I move out anyways as well. The manager at the... Read more »

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Monthly rent is typically only prorated when a tenant occupies the premises for only part of a month, almost always the first or last month of the lease.

So, for example, if you moved in on the 6th of a month, and your monthly rent is $1,900, the rent for the first month might be prorated...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can this be determined as property abandonment?

Our tenant had rent due on March 16th and did not pay. He then told us he would pay on the 24th. On the night of March the 24th he texted and said he would be moving out by the 26th at 5pm and we could meet him for the keys, but when we got there he was still moving things out. He then asked for a... Read more »

John Michael Frick
John Michael Frick
answered on Mar 31, 2023

It depends on the language of your lease agreement with the tenant. Most leases contain a provision similar to the following:

" If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hi, I currently rent an apartment. I am on my 10th month. I think the management changed. When I signed the lease,there

Was a $500 deposit for my pet. Now they claim I have a violation and the $500 was a security deposit based on credit. I have excellent credit. Over 700. That doesn't make sense. Please advise

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

Typically, a pet deposit is memorialized in either the lease or a separate Pet Addendum to the lease. In any event, you should have some documentation from the person to whom you gave the $500 that it is for a pet deposit. Worst case scenario, your check or other payment of the $500 should... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I sue the code compliance officers for not doing their job responsibilities

code inspection for the city came to my place of residence were I am renting and found violation to be repair cause of unsafe living condition. So the officer told my landlord to fix all repairs on the 4 units .so the inspector came didn't even step in to the property just look in and said I... Read more »

John Michael Frick
John Michael Frick
answered on Mar 22, 2023

Suing the code compliance officer will be expensive with a low probability of success.

Your better option is to sue your landlord if it is responsible for the needed repairs under the terms of your lease agreement.

You might also consider following the procedure set forth in the...
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1 Answer | Asked in Constitutional Law and Landlord - Tenant for Texas on
Q: Fraudulent eviction, deceit, manipulates judges have documents from several tenants at yes community file class action?

We was sent eviction papers soon as lease expired we was not late on rent after they filed eviction. Failure to pay lot rent we are buying the home.renting lot sits on in yes communities worlds largest manufacturer community parks for lower income families chance to for them to take advantage... Read more »

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

It sounds like you may have a case for fraudulent eviction and other legal issues against Yes Communities and possibly 21st Mortgage. In order to file a class action lawsuit, you will need to find other tenants who have experienced similar issues and are willing to join the lawsuit. It's... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: At this apartment for 3 years I called the maintenance people because my toilet was stuffed up they sent black plumbing

So I get a bill of over $300 for the guy to come down and just unclog the toilet I never authorized them nor did I asked him to call Black plumbing the management called black plumbing am I responsible for the bill I'm on disability

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

The answer to your question depends on what your agreement is with your landlord as embodied in your lease.

It likely also turns on what caused the clog. If the clog resulted from stuff flushed down the toilet in your apartment by you or your guests, it is probable that you are responsible.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord in Texas force you to move out before the lease is up so that they can make unsolicited repairs and impro

Unsolicited repairs and improvements?

Alisha Melvin
Alisha Melvin
answered on Mar 10, 2023

Absent language in your lease to the contrary, a landlord cannot terminate your lease early for repairs unless the repairs needed are to address a dangerous, hazardous or safety issue. Typically, a landlord should make other arrangements for your housing while repairs are made. You should then be... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: If you file a small claim and lose will you have to pay the defendant the amount that you requested?

What is owed if you file a small claim and lose?

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

It depends on the nature of the claim. In some cases, the defendant may recover its attorney fees. In others, the defendant may assert a counterclaim for its own damages.

But typically, each party’s claims and damages stand and fall on their own merits. If your damages are $20,000 and...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I legally responsible to pay a termination fee if my lease was broken due to the complexes rodent infestation?

It is said in the tenants rights that if the issue isn’t fixed in 7 days that you are allowed to break your lease. Which means that I do not have to pay a broken lease fee plus termination. Correct?

John Michael Frick
John Michael Frick
answered on Mar 2, 2023

You would need to carefully review the terms of your lease to determine if an early termination fee applies in this circumstance.

If you can’t understand your lease, schedule a consultation with a lawyer who practices residential landlord-tenant law in or near the county where the...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I required to pay the 60 days of rent if the lease was broken due to rodent infestation? Or should I get a lawyer?⚠️

The lease has a 60 days termination notice. Does that have to be paid to break the lease due to a landlord issue? What should I do?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 27, 2023

If you have a written lease, then you need to read it---there should be a section which discusses under what conditions the tenant (and/or the landlord) has the right to obtain early termination without penalty. If the section is difficult to understand then you may want to contact a lawyer for a... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I need to talk in detail to an attorney. There is so much they did illegally that we had a restraining order on them

We have been harassed, attacked, threatened, filed false police reports on us, kept disconnecting our power and cut off our air conditioning in the middle of summer with my new born premature son in the apartment. They threatened to harm him and the list goes on. We had to get an emergency... Read more »

John Michael Frick
John Michael Frick
answered on Feb 27, 2023

You should contact a competent attorney with experience in residential landlord-tenant law in or near the county where the premises are located.

Most provide an initial consultation for a reasonable price. Such an attorney should be able to tell you if you have a valid claim and can tell...
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1 Answer | Asked in Consumer Law, Identity Theft, Social Security and Landlord - Tenant for Texas on
Q: I wanted to know if I could file a lawsuit against an apartment leasing company that allowed someone to open a lease

Under my name without my consent while a credit freeze was placed in credit reports?

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

Absolutely . But it may not be necessary.

Send the leasing company a letter demanding that it acknowledge that it allowed some to open a lease in your name without your consent and cc the landlord on that lease. Detail the evidence you have that the leasing company knew it wasn’t you...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Hello If a resident gives a 60 day notice to move out 15 days beyond their lease end date, can they be charged a MTM fee
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2023

I'm assuming the MTM fee means month-to-month fee.

No matter when you get notice to vacate the place you rent, you have to pay for the time you occupy a rental place. Don't get caught up in legal names. Giving someone over 30 days notice to vacate is lawful in most instances....
Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Hello If a resident gives a 60 day notice to move out 15 days beyond their lease end date, can they be charged a MTM fee
John Michael Frick
John Michael Frick
answered on Feb 17, 2023

It depends on the language of your lease agreement with your landlord.

Although MTM fees aren’t common in Texas, this would be a typical situation where such a fee would apply since you are holding over beyond the end of your lease term.

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