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Texas Landlord - Tenant Questions & Answers
3 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Texas on
Q: My father passed away, he wasn't married and didn't leave a will. Are my Aunt's allowed to keep his house keys from us?

My father didn't have a will, and only has 2 children. He wasn't married. My Aunts have taken the keys to his home and wouldn't allow me (his son) inside to search for documents necessary for burial. Is that legal for her do given that I'm the son? I researched intestate succession and believe it's... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 13, 2019

If your father left children, those children, not his siblings, are his heirs. Hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration. Once you are appointed administrator of your father's estate, it will be your duty to... Read more »

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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Am I liable for pet rent?

If I have not acknowledged ownership of my animals to my apartment complex, and have lived there for over a year, but am only now receiving notice of an unpaid amount on my bill, despite having paid what I am obligated, the reason for which is pet rent; am I admitting acknowledgment of having had... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 12, 2019

Read your lease contract. If you knowingly broke the agreement then chances are high you’re responsible.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: Can my sister make me move out

Im co executrix with my sister of mom's will. I moved into mom's house after she passed a year ago. The Will has been through probate. Can my sister make me move

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 16, 2019

It depends on who the beneficiary of the house is. If it is both of you then you'll probably have to fight it out in court.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: Im co executrix/sister of mom's will. I moved into the house after Mom died. Can my sister now make me move

My sister is the other co executrix with me. She agreed I move in mom's house after she died. Now she wants me to move out. Can she make me do so

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 15, 2019

If you are a beneficiary, then you can live there; however, until the will is actually admitted to probate in Court it is not valid and no one may act as executrix.

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Patents (Intellectual Property) and Probate for Texas on
Q: Who would be the owner of a title or have claim to the title to real property if...

My father transfered a property to my mother through a special warranty deed that my grandmother had originally transfered to both of them through a warranty with vendor's lien but prior to this in '72 one half of the interest was transferred by a quitclaim deed to my grandmother while other part... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 6, 2019

The only way any attorney can give you a definitive answer would be to review the entire chain of title with his or her own eyes.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Federal Crimes and Landlord - Tenant for Texas on
Q: I have had tree individuals who have collaborated together and managed to get access to all my things legal,bank, leases

Bruce GArrison a attorney, Eden Mckenney, Hugo Salguero managed to hack into my bank account taking thousands of dollars and transferring the money directly into there personal accounts. The destroyed all Video surveillance before helping themselves to whatever they wanted including but barely... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 31, 2019

Your story seems over-the-top but I seem to recall that there was an attorney named Bruce Garrison who was forced to give up his law license about 10 years ago in Austin so I am inclined to give you the benefit of the doubt.

The text of your question is so mixed up that I'm not even sure...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: What rights do we have?

My boyfriend has lived in the same house for just about 30 years now. It was signed over to his father by his grandfather, who then signed it over to his mother for back child support. He has never had to pay rent but has paid on the 3 mortgages against the house she has taken out.. she has not... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jul 3, 2019

Your boyfriend may have established what's commonly referred to as a "tenant at will". The landlord/owner has to give 30 days notice to vacate. If a tenant refuses to vacate, the landlord/owner must then pursue an eviction proceeding through the courts.... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: Who do I call after my landlord assaulted me? What kind of lawyer do I need?

May 30th 2019 I was assaulted by my landlord. He was charged with unwanted contact. How can I enhance these charges? I have a email account typed by myself of the incident that I sent to the officer who was on scene at the time. I will provide it to anyone who wants the details and is willing to... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 6, 2019

The next highest level of assault is Assault Causing Bodily Injury. You didn't mention whether or not you were injured, or if you even experienced physical pain.

A criminal case is State of Texas vs. Defendant... not Alleged Victim vs. Defendant. The alleged victim is not a party to the...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Texas on
Q: How do i evict deceased father's live in girlfriend from his home?

My dad passed away today. He has had a live in girlfriend for 9 years. They have separate accounts and not common law. She does help pay for some bills once in a while. How do his kids evict her since the home is 100% in his name.

Terry Lynn Garrett
Terry Lynn Garrett answered on May 20, 2019

File an eviction action in your local Justice of the Peace Court. If necessary, get the sheriff to enforce it.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: If I have not pay my rent over 7 months at the apartment is that my fault or is it apartments Fault?

I had automatic pay to pay my rent they told me to use that because they never in the office sometime but my account closed but they still trying to take it out my account and

my bank wouldn't let them take it and said it was fraud what I did and blame it on me. Because they did not give... Read more »

Matthew Valley
Matthew Valley answered on May 18, 2019

I personally think it would be hard to find a judge or jury that would believe someone didn’t know they weren’t paying rent for 7 months. That being said, there might have been other things the landlord could have done instead of keeping a tenant in default for over half a year. I would talk... Read more »

1 Answer | Asked in Personal Injury, Landlord - Tenant and Small Claims for Texas on
Q: possible to sue for const. eviction n Tx. justice court then later sue in county for assault

I had an eviction that was ruled in favor for my landlord. Even though it was in retalitory, 3 days later after she was served papers, of me filing a repair & remedy case. I appealed, before appeal hearing was set land lord stabbed me with a garden shovel aseveral times in the ribs, then went into... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

If she has been charged with assaulting you, yes you can file suit against her in civil court. Because it was an intentional act, her insurance would likely deny coverage, so she would need to have non-exempt assets to go after to collect a judgment. Was the rental you were evicted from her home,... Read more »

2 Answers | Asked in Civil Rights, Personal Injury and Landlord - Tenant for Texas on
Q: So headed to the ER Today, Rental House for a Year and a half. My house is covered in Mold. Any TX Attorneys pro bono?

2nd trip to the ER for mold related issues. Scared to death. Sores all over my Scalp. lots more stuff going on. Pics yes, yes he knows, I need help please. Eyes, Urinary tract and my hair fell out. Lot's more. I have all diagnoses. Dog lost hair and roomate. I am in need of a pro bono attorney... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Apr 22, 2019

Feel free to call us to give us more details that we require. These types of cases can be handled on a contingency basis. This means fees come from any settlement obtained. 888-343-4529#1.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my landlord let themselves into my apartment without my knowledge or consent?

I'm renting a condo through a realtor. The actual owner of the condo is now selling it, and there has been a showing and an inspection done. Now I just found out that the realtor had an appraisal done without letting me know (well they sent me an email two hours before the fact to let me know they... Read more »

Matthew Valley
Matthew Valley answered on Apr 18, 2019

What does your lease say? Landlords frequently include provisions in their leases that override the general rule that a landlord does not have the right to enter leased premises, outside of emergencies, without a tenant’s permission.

1 Answer | Asked in Contracts, Landlord - Tenant, Consumer Law and Products Liability for Texas on
Q: Void a rental contract because smells of the previous tenants death (unattended).

I signed into a least contract that was deceptive at viewing I learned too late. all windows were open at showing, I thought to show off the many windows in the unit. It was a look and lease and after signing and paying, the finally gave me keys. when windows closed smells of death. previous tenant... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

You may have sufficient legal reasons to allow you to get out of this lease; However, you should take the lease and all related documents to a local lawyer and ask for their assistance.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Landlord - Tenant for Texas on
Q: There's no rent agreement and we pay no rent, I'm dealing with a jealous mother in law. That's trying to evict me

I have painted every room in the house and a lot of work outside too. Can she evict me and harrasse me?

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 22, 2019

Yes, the owner can evict you if she follows the proper legal procedure. There are also legal steps you can take that will delay the actual eviction date... but this type of litigation will not be good for family relationships.

Consult an attorney who focuses on "Landlord-Tenant" law.

1 Answer | Asked in Divorce, Family Law, Child Custody and Landlord - Tenant for Texas on
Q: My husband and I are separated and I would like to not let him come back into my family's second house can I do this

We have been separated a couple of months he will barely let me see my son but he left out of town for work and I have my family's second house and my son can I change the locks and not let him back in

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 15, 2019

If you have temporary orders in place concerning this issue you have to follow them. Your question does not give facts as to whether a divorce action has been filed as of yet. Locking one's spouse out of the house can be problematic. It is best to ask the court to lay out instructions since you... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Texas on
Q: can a family member give a Notice To Quit when I don't pay rent.

My grandson built a home for my daughter and I but now she wants me out.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 23, 2019

The owner can give this notice to anyone.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: While I was out of town, my tenant took a purse of mine and pawned it at a pawn shop. I have proof, what can I do?
Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 30, 2018

Call the non-emergency number for the police if you live inside the city limits, otherwise call the Sheriff's department. Also go to the Justice of the Peace precinct for the address of the property and ask about how to legally do an eviction.

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Lease termination confusion and fine print misconception.

Hi,

I have perfect credit score and so does my husband. We have perfect renters history.

We live in DFW area. We leased apt for 10 months the lease ended Oct 1st 2018. We went to return key to leasing office. And they said that you need to keep paying rent since you did not give us... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 4, 2018

I suggest a call to the health department if the dwellings are uninhabitable. Your area may also have a local lease agency that helps people with issues such as yours.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can an apt complex require I buy renters insurance from a certain company and charge me a fee if I use a different one?

My college son provided proof of renters insurance on move-in day. His policy met all liability, etc. criteria. On move-out day he was given an account ledger which shows a charge every month for "Rental Insurance Waiver Fee." He offered to again provide proof of coverage dating from move-in day... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 20, 2018

I suggest you call the Texas Department of Insurance for clarification on this. If it was wrongfully charged, you might be able to get assistance from TDI.

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