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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Who do I get to help me to make my landlord from the apartment complex go over her ledger because they're charging to mu

Charging me too much for late fees they have their computer that is not updated and they keep on charging and charging

John Michael Frick
John Michael Frick
answered on Oct 8, 2024

Your landlord cannot charge you late fees unless you are late as described in your lease agreement. How often the landlord updates their computer is irrelevant to this determination. If your rent is due on the 1st and you pay your rent on the 1st, it doesn't matter when they input that... View More

2 Answers | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Texas on
Q: I am in ownership with a house and land with two other family members passed down from my father.

The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home

James Clifton
PREMIUM
James Clifton
answered on Sep 30, 2024

If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I have a residential house under contract for rent, executed effective August 1, 2024, the applicant was through Zillow,

I have a residential house in Calera, Alabama, under contract for rent, executed effective August 1, 2024, the applicant was through Zillow.

The tenant defaulted on the rent for September 1. Phone calls and text messages were sent but she failed to acknowledge and respond to either through... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

You will need to follow Alabama eviction law. In Texas, an email notice to vacate would be ineffective. A landlord must deliver written notice to vacate in the form required by the Texas Property Code. Most other states have similar, albeit not identical, requirements. Whoever oversees your... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it unlawful lockout if a landlord locks us out as we are moving? We are paid up completely. Owe him nothing.

We have made repeated attempts to arrange a time only to be ignored. We have conversations in writing stating that he doesn’t want us to get our stuff.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your lease has ended and whether you have vacated the premises. Generally, absent an agreement to the contrary, if you or your landlord have ended your lease, you have until the last day of your lease to remove stuff, and anything left after that date is usually considered to... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Maybe if the failure to lock the gate was negligent and the injury was foreseeable. The trier of fact will have to allocate responsibility for the injury among all culpable parties, including the person who was injured. If the person injured was a child, the child likely would not be allocated a... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
James Clifton
PREMIUM
James Clifton
answered on Sep 25, 2024

Apartment owners can be held liable if their employees neglect to lock pool gates, leading to an injury, based on principles of premises liability and negligence in employment.

Apartment owners have a legal duty to maintain their property in a safe condition, which includes securing pool...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apartment managers will not give me a receipt for a cashier's check which pays for rent. That is their rule what do I do
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2024

The good news is that the cashier's check usually has a stub attached, which is good proof you paid. What's more is that, your cashier's check should be cashed against your bank account, so your proof of payment, and the identification of the person or business who deposited the... View More

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Texas on
Q: How do I have my name removed from an apartment lease, if the lease is up?

I have a lease that was signed in April of 2022. In June of 2022, I left the home in Texas and moved back to Colorado. My ex stayed. Last year, the lease was sent to both myself and my ex-I requested at that time my name was removed from the lease. Someone signed my name digitally. Fast forward to... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

My recommendation is to terminate the lease in accordance with the terms of the lease. Usually, this requires written notice to the landlord in advance of the end of the lease term (usually 30, but sometimes 60 days before the end of the lease term. I would include in your written notice a... View More

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1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Landlord - Tenant for Texas on
Q: I have a 5 yr PO; I’d like to get out of my lease. My dad is a co-signer on my apartment; will they go after him?

I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can an apt complex legally enforce requirements NOT detailed in the lease/a lease addendum? Is it time to get a lawyer?

I'm closing on a home; I've provided my 30 days notice as the lease stipulates. I've read my lease several times. I can't find any clauses which coincide with what I'm being told about: the inability to terminate my lease early; clauses that denote the complex will do... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

In the absence of an agreement to the contrary, a lease for a specified term continues until the end of that term. For example, if you agreed to a lease for a term of one year with a commencement date of December 1, 2023, that lease does not end until November 30, 2024. The parties can agree... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: 3 day notice to vacate in Texas. Lying landlord.

We are already moving out, but we got a 3 day notice on our door and then a text from the landlord that I must reply today by end of day or she will proceed with eviction. Don’t I have 3 days to respond? Or can she really proceed if I don’t reply the day she gave us the 3 day notice?

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

A 3-day notice to vacate is given when a tenant has not paid their rent in full in a timely manner. Whether you respond to the notice or not, the landlord can proceed with the eviction three days after the notice was given unless the tenant has fully paid all rent which has accrued and surrendered... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I am a landlord, i missed the 30 day time frame to inform my tenant I was keeping their security deposit.

They are saying i acted in bad faith, i was actually trying to find the cheapest option to cover the damages they caused to the landscape. They have contacted me and stated I have 10 days to pay the deposit plus legal fees. What options do i have

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

You should provide an accounting of whatever deductions are applicable based on the information known to you now and immediately refund the balance of the security deposit ASAP. If you are sued, you can provide evidence that you were diligently attempting to find the cheapest option to rebut the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hi, How do I find out who and where to have former landlord served?

I recently was granted an unlawful eviction by means of appeal and would like to sue my former landlord. I called the Secretary of State and went to the Courts only to be told that I have to specifically have a name and address to have them served. Also have to have exact information for names of... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

The landlord's name appears in your lease. If the landlord is a business entity, you can then determine the landlord's registered agent for service of process by search the SOS Direct website maintained by the Office of the Secretary of State of Texas online. You will have to set up an... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Can I see my landlord for not making repairs in my apartment causing me a health injury?
John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Unless you have agreed otherwise in your lease, yes. You will need to prove that your landlord was aware of the dangerous condition that caused your injury (usually because you sent in a maintenance request) and that the landlord failed to correct the condition within a reasonable time.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: My lease is up and landlord went up on rent from 650 to 800. We agreed to pay 700. Can they demand you keep paying 800.

They bring they notice on a paper attached to door. I have written to them I only agreed to pay 700. I also have several issues with my apartment maintenance says they will call me back and we are an there list to be fixed but I haven't heard anything. I have told landlord several times.

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

If your lease is up and you have not vacated your apartment but are current on your rent, your landlord must give you thirty days notice before evicting you.

Your landlord can take the position that they will not renew your lease or allow you to holdover unless you agree to its new...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: If my apartment complex is sold to a new owner, am i required to sign a new lease?

I have lived in my apartment for 7 months and i have signed 2 leases during that time (my lease is for 12months). The second time i sign lease it was due to the property being sold to a new owner, which it was sold again to a new owner (who i have no information about). Since my complex was sold 3x... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

No, you are not required to sign a new lease.

If the new owner purchased the complex with prior knowledge of your lease, the new owner can simply step into the shoes of the old owner as your landlord under the terms and conditions of your current lease.

The new owner may ask you to...
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1 Answer | Asked in Landlord - Tenant and Small Claims for Texas on
Q: my problem is this. We fell behind on our rent,and began doing jobs for our manager at our complex,in return for rent.

After the storms recently the complex was torn up by trees landing on vehicles,landing on rooftops,and everywhere.This is a huge job!!which was bidded at 13-21 thousand $$$.My manager and I agreed to 5,500,with 3,000 credited to my rent.I hired one other person to help me get this done,and his pay... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

You can file a breach of contract case in small claims court since the total amount at issue is less than $20,000. You do not need an attorney in small claims court given the small size of the cases there. It would not be cost effective.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I do not own a vehicle yet my apartment community wants to charge me for parking spot. Do i need to pay this?

This is what my lease says about parking, "If renting a parking spot within the Apartment Community, you must complete the Parking Agreement attached hereto as Exhibit F and comply with all applicable parking rules set forth therein. All parking premiums that you agree to under Exhibit F, will... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

The answer to your question depends on the content of any agreement you have signed. From the excerpt contained in your question, it appears that you are only required to complete the Parking Agreement and pay the parking fee "if" you are renting a spot within the Apartment Community.... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I entitled to a refund of my entire security/pet deposit? My landlord is refusing to return it.

I informed my landlord of my forwarding address on 5/8. The disposition letter is dated 6/5, however, the letter was not postmarked until 6/12. That's 36 days. I have pointed out that state law requires tenants to be notified within 30 days and they exceeded that time frame but they still... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

The USPS postmarks mail when it is deposited in the US mail. While it is true they have no control over when it is postmarked, they do have control over when it is deposited in the US mail.

Remember that the mailbox rule has two parts: 1) the sender must deposit it in the mail on or...
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1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Texas on
Q: Can my neighbor forcefully remove a "No Trespassing" sign posted outside of my apartment building? Landlord was notified

My landlord asked if I would purchase the sign and put it up and he would reimburse me. Of course I have no issue with this and did as he requested. This would be the second sign I have purchased and put up because my neighbor keeps taking it down and there has been no other previous issues with... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes, but that may be considered an act of criminal mischief. There is clearly some sort of dispute between your landlord and your neighbor the details of which you are unaware. I recommend that you avoid becoming too involved.

You should report to your landlord that you did as asked,...
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