Lawyers, Answer Questions  & Get Points Log In
Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: Need help i only have 1 day to make an appeal for eviction i only have 1 day to move or make an appeal

Do i need to get a lawyer to make an appeal or i can do it my self Need help i only have 1 day to make an appeal for eviction i havemt been available to find a place to stay do i need a lawyer to make an appeal or i can do it my self i have kids and cant find a place to live and in the court they... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Oct 25, 2021

Yes, if you're unsure with how to go about the appeals process, I would strongly recommend that you reach out to an attorney and set up a consult as soon as possible. They will be able to review the eviction order with you and advise you as to how to best proceed. I wish you all the best!

1 Answer | Asked in Landlord - Tenant for Texas on
Q: How to make an appeal for eviction

How u do to make an eviction appeal?i have 5 days to evacate the property how can i do to appeal before my 5 day dont have a place to go and have kids after the court can the landlord and me get to an agreetmen or not anymore

Jonathan Tanaka
Jonathan Tanaka answered on Oct 22, 2021

Did you attend the eviction hearing? The judge should have gave some specifics as to how much the appeal bond would cost and what the deadline to do so is. You should be able to contact the court and request a copy of the order.

I would strongly advise that you hire a local attorney in El...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: A house I own has become uninhabitable. Can I evict the tenant for unhealthy living conditions?
Jonathan Tanaka
Jonathan Tanaka answered on Oct 19, 2021

It depends. I would reach out to a landlord-tenant attorney in your area (Houston) and bring the lease with you and any documentation (photos, videos) with you to the consult. They will be able to assist in helping to you determine if there are grounds for an eviction. Generally, if there is a... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I responsible for paying for an error in my rent price from two months ago? Can the landlords charge late fees on it?

My rent was raised from 942 to 1067. I paid it for July but in August and September I was billed 942. Now October they want me to pay balance from August/September and late fees. Is this legal since the error was on their part?

Leroy Scott
Leroy Scott answered on Oct 13, 2021

If your lease says $1067, it's not illegal for them to bill for that amount, even if they billed the wrong amount initially.

1 Answer | Asked in Bankruptcy, Landlord - Tenant and Collections for Texas on
Q: Can I take action against Texas Rent Relief for abuse?

My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »

Timothy Denison
Timothy Denison answered on Sep 20, 2021

Doubtful. The state has sovereign immunity.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental paymen

I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental payments in excess of $45,000. I was never aware that I was a co-signer and thought I was just listed on the lease as being an occupant since I only stayed there a few weeks a month to... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

Hi:

I am a parent also.

So if you never signed anything at all, then you can probably get out of this mess. If you did sign, you need to defend yourself if the lawsuit has been filed. If you get served with sue-papers, do not ignore them. Get to a lawyer, and defend yourself....
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I be charged with anything if I kick open my bedroom door that is locked?In Texas.

My wife is locked in our bedroom?

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

If you don't own the property, your landlord will hold you liable for damages to the house. If you hurt anyone in the process, you could be liable for battery, and it's probably an assault on your wife anyway, even if you don't hurt her. Don't do it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: The roof cover over the bathtub in my apt came crashing down. Can I sue the leasing since it could have been fatal ?

I had been complaining about disturbance and thumping from upstairs for a while and this is also one cause for the incident I believe. I was saved since I was not inside.

John Cucci Jr.
John Cucci Jr. answered on Aug 29, 2021

If a landlord is negligent or something on the property breaks due to lack of care by the landlord, there may be negligence. However, unless you are actually hurt ( not just scratches ), there is no lawsuit as there must be a breach of duty ( negligence ), by LL, coupled with that breach causing... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I have documentation in texts and emails to prove I am being harassed (Multiple ways) by my landlord. Do I have a case?

Proof of Incorrect information, No access to a Lease that was electronically signed, Threatened to evict with no probable cause, does not answer questions, and does not work with tenants nor do they accept the evidence when the tenant shows proof on time of rental payments.

Teri A. Walter
Teri A. Walter answered on Aug 18, 2021

Sorry, none of that is harassment, and "probable cause" only relates to criminal matters. The landlord can threaten to evict any time you're not in compliance with the lease, and can follow through on that threat. Even if they lose the eviction case, their threat of eviction... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My ex-landlord put in the online portal where I paid my rent, that I crashed into my neighbors place, it was my daughter

Can I sue my landlord. My daughter along with another daughter was caring for my husband while I was on vacation neither one of them lived with me at the time or on my lease. In the rental portal the landlord put that it is me that crashed into the neighbors apartment and that the check to pay for... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

It's not clear that you have any damages. Without damages, you have no valid case. You might try talking to your landlord and see if they will correct the notation.

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I am renting to own a house the owner wants me to pay the taxes every year is that right

I’m renting to own a house for 10 years but the landlord wants me to pay the taxes and I’m having to totally remodel the house because it was gutted just wondering is that how it’s supposed to be or is he responsible for the taxes until I own it

Teri A. Walter
Teri A. Walter answered on Aug 11, 2021

The answer entirely depends on the terms of your contract. Take it to a lawyer for review.

That being said, there are very few "rent to own" deals where someone isn't getting ripped off. Sometimes it's the "seller," sometimes it's the "buyer."...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: We paid a deposit but haven't signed lease yet. Is deposit refundable? We don't want to move in now because of repairs.

The landlord and owner are unwilling to make repairs that are needed and also the listing of the house was for $2,000.00 per month but they want to charge $2,100.00 per month. Is our deposit refundable?

Teri A. Walter
Teri A. Walter answered on Jul 14, 2021

If you have not signed a lease, then it doesn't sound like you have a deal, and should not be paying a deposit. If there is no lease signed, and you have not even reached an oral agreement (there are still issues about the amount of rent and repairs to be done) then any deposit you've... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I got evicted due to someoneacting out of emotions and retaliation. How can i fight this to standup for what's tight

Bring evicted is due up me using chain of command and spokewith owner to resolve conflict with manager and due to calling him she's evicting us

Teri A. Walter
Teri A. Walter answered on Jul 14, 2021

A dispute with the property manager won't be enough to evict you. I suspect there is more to the situation, but without knowing the basis of the eviction and more facts, it's impossible to say what defenses you may have.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: How long does a landlord have to make repairs

I submitted work orders June 15th. Maintenance man came out to inspect AC. he said he needed a part and has yet to show up.

Teri A. Walter
Teri A. Walter answered on Jul 7, 2021

Seven days is presumed to be a reasonable time. Unfortunately, due to COVID shutdowns, there are lots of problems getting parts in lots of different industries, so everything is taking longer.

Look here for the procedures that will allow you to do the repairs yourself and deduct the cost...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apt landlord never told me I had to sign vacate document. And they accepted my keys. But now saying I owe 60 days rent?

They never told me I had to sign anything. I gave them notice. They also accepted my keys. I’m not longer in Texas. They are now emailing me saying I owe them 60 days rent and they cannot accept keys before hand yet they already did.

Teri A. Walter
Teri A. Walter answered on Jul 7, 2021

You may want to send them a copy of your notice, along with written confirmation of when the keys were turned in. Hang onto a copy of the lease, your notice, and evidence of paying rent, as you may need these to defend a claim against you for the unpaid rent.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Does a extended stay hotel have to evict you in court if you been there 6 yrs?
Teri A. Walter
Teri A. Walter answered on Jul 6, 2021

No. people staying in hotels are guests, not tenants, and do not acquire any additional rights just by being there for a period of time.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I appeared in civil court yesterday I was being sued over a motorho.e that was left un attended for over 8 months I won

that case the judge dismissed it only to come home and find a three day evitction notice taped to my door from the same attorney what do I do now

Teri A. Walter
Teri A. Walter answered on Jun 29, 2021

It's not clear how the cases are related, but if you've gotten an eviction notice, you're going to want to 1) plan on moving, 2) see if you can work things out with the landlord, or 3) go to court to try to fight the eviction. Your description does not provide enough information to... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: MTM lease - Charged Additional Rent and Reletting Fee in Dallas Texas

We lived in an apartment on a lease that ended 4/23. We renewed on 2/31 for 6 months, which starts on 4/24. We decided that we were moving out on 4/20 and canceled the renewed lease in writing on 4/20. We also informed them in writing that we were going on MTM lease and this is our 30 day notice... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 28, 2021

Sorry, but it sounds like you Did terminate early. After the renewal, the lease was supposed to run through October, and you terminated in May. Changing your mind after you sign the renewal, doesn't get you out of the renewal, even if you tell them before the renewal term was to start.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: i was mowing and part of the rock that was used to make some kind of island in the back yard hit me in my leg

this rock was part of some kind of thing that was built on the ground to make a platform. I did not build this it was already built. Can i file under the homeowners insurance policy because i was badly injured?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

Your homeowners insurance covers your liability if someone is injured on your property. It does not cover you for injuries to yourself; that would be covered by your health insurance.

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Texas on
Q: Does the law protect renters on verbal contract?

I rent a room under a verbal contract. I've been told to vacate. This is sudden and leaves me in a terrible position. I'll be on the street because of this. Is there any law to protect me from this?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

If you rent the room on a month to month basis, they have to give you 30 days notice of non-renewal. If the oral agreement is week to week, they would only need to give you a week's notice of non-renewal. If you've breached the agreement in some way, the notice period can be 3 days.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.