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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a tenant direct a census enumerator to speak with the landlord or property owner for answering questionnaires?
John Michael Frick
John Michael Frick
answered on Oct 5, 2022

The final post-enumeration surveys for the most recent US Census were completed in March. Whomever is contacting you now is most likely not actually a census enumerator. I recommend you not provide any information and contact local law enforcement.

1 Answer | Asked in Landlord - Tenant and Elder Law for Texas on
Q: My landlord refuses to return my security deposit! What do I do?

I am a disabled senior citizen. This landlord took full advantage of me. I lived nearly 3 years with no A/C in the summer (in Amarillo, TX!!??) & no heat from Feb. 2022 til I moved. (It gets worse!) empty promises to fix things... I finally gave notice & moved out on June 31st. 2022.... Read more »

John Michael Frick
John Michael Frick
answered on Oct 5, 2022

Section 92.109 of the Texas Property Code describes your remedy. A landlord who in bad faith retains a security deposit in violation of the law is liable for an amount equal to $100, three times the portion of the security deposit wrongfully withheld, and the tenant's reasonable attorney fees... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My apartment was on fire Iost everything me an my 5 kids was sleep I didn't started the fire do I have a case
John Michael Frick
John Michael Frick
answered on Oct 5, 2022

Yes, you have a case against whomever caused the fire. You most likely also have a case against your renter's insurance company if it refuses to pay your claim.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my landlord evict me for having people over?

My friend was evicted by the same landlord an d he came to visit us and my landlord seen and told me that he was going to evict me

John Michael Frick
John Michael Frick
answered on Oct 3, 2022

The answer to this question depends on the terms of your lease agreement. Typical lease agreements do not give the landlord the right to evict a tenant based on who the tenant has as a guest.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I’m suing tenets for damages to a home they rented.

I’m suing tenets for damages to a home they rented in small claims court. The suit was answered by their attorney al most 2 years ago, but delayed do to COVID. Well I just received a notice of appearance by there new attorney who happens to be the daughter. She is on the rental application as a... Read more »

John Michael Frick
John Michael Frick
answered on Sep 29, 2022

Since she is on the rental application as a tenant, I assume she is one of the defendants you have sued for damages to the home. An attorney has a conflict of interest if her personal financial interest is adverse to her clients. In this case, it sounds like her personal financial interests are... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Texas on
Q: Can I break my lease without penalty if there was theft in my unit in texas?

maintaince was scheduled to do repairs in my unit between thursday and friday , upon returning my unit some things were missing in my unit , I made a police report and stated to the property manager that I no longer felt safe and violated and I wanted to rescind my contract, the only option I was... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

No, unless your written lease agreement specifically provides that this is a reason you may terminate your lease early. That would be an extraordinarily uncommon provision.

This is why you never allow other people to enter your unit when you are not home. You should always remain...
Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Texas on
Q: My apartment has mold in the vents, and roof from water leaking, I've reported the issue many times now it's 6 wks later

Mold test kit, video, photos, emails and still nothing has been done to resolve this issue, do I have a case against the landlord of the apartment complex?

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2022

A Texas attorney could advise best, but your question remains open for two weeks. I could only speak for the personal injury aspects of your question; a landlord-tenant attorney could advise on the tenant rights-related aspects. There are injury firms that handle mold cases. But nationwide in... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: I went to court for an eviction but I want to know if I can appeal the decision?

I already went to court but I did not have a lawyer. I was under the assumption that the evictions laws were strict. But there are a few things I feel were over looked or I just don’t really know or understand the process

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

Yes, you can appeal by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment of eviction is signed.

The eviction will then be heard de novo by the court court on an expedited basis....
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: TX 10 yr tenant, 9 yrs of month to month. Owner has decided to sell without warning. We have until November 1.

We were told multiple times she was not going to sell the house; however, she has decided to. We are more than willing to leave, but my wife has surgery on the 27th. She will be under medical restrictions for at least 6 wks.

We really need to have the landlord hold off until closer to the... Read more »

John Michael Frick
John Michael Frick
answered on Sep 19, 2022

You can negotiate with your current landlord or the anticipated buyer for a short extension of your lease. The more you are willing to pay, the more likely you will be to have a successful negotiation.

1 Answer | Asked in Real Estate Law, Probate and Landlord - Tenant for Texas on
Q: what happens when a homestead property owner dies (who is married and lives in the wifes home) has a girlfriend there?

the wife is aware of this girlfriend living at her husbands property. And he moved the girlfriend into the homestead he owned for her to have a place to live she used to live in the same house as the wife and husband but wanted more privacy. He died without a will or anything in place. does the... Read more »

John Michael Frick
John Michael Frick
answered on Sep 16, 2022

No.

First, I note that a married couple can only have one homestead. That homestead could be the separate property of one spouse or the other spouse or it could be community property of both spouses. Except of periods of temporary absence, a homestead must be used by the couple as their...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I was asked to leave apartment and was told I can't break the lease. What were to happen if I stopped paying rent?

I live in texas. I was recently received written notice to evacuate. So I moved out of my apartment complex. My brother who is also on the lease was told that we can sign a document stating we're no longer in the complex and had to sign a document. But when we came to talk to the property... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

I would be highly suspicious about receiving a "written notice to evacuate" in Texas. You should take this document to an attorney near where you live and ask advice as to what it means.

Ordinarily, evacuation orders are issued by government officials during a natural disaster....
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can texashousing authorities secretly spyinyour apt with cameras and audio anywhere in apt

Cancameras be used for spying in apthousingoeaudio

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

No.

While Housing Authorities can install and monitor surveillance cameras, with or without audio, they may not do so secretly inside your apartment. The Authority must disclose to you as the tenant that it has done so inside your apartment. The Authority can, however, install and monitor...
Read more »

1 Answer | Asked in Divorce and Landlord - Tenant for Texas on
Q: a divorce and decree order if one spouse was awarded sole property but both spouses are on the ownership can 1 evict

But on the 2 other properties the other spouse was awarded the properties yet one of the 2 properties is still in the other spouse's name And taxes are owed on all 3 properties Also no deed of ownership has been presented from the spouse trying to evict from the 1 property. Also the public... Read more »

John Michael Frick
John Michael Frick
answered on Aug 29, 2022

Technically yes, but a justice of the peace may refuse to evict the spouse until the appropriate deeds have been signed. Whenever a divorce decree divides real property, the dispossessed spouse can be ordered to sign a Special Warranty Deed conveying title to the spouse awarded that property.... Read more »

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Texas on
Q: Eviction without ssn and birthdate?

Financial issues leading to eviction. Two people household. Apt management doesn't have the ssn and birth date for one tenant. How does this affect the eviction process moving forward? Also does filing for chapter 7 allow for automatic stay for the whole household or only for who filed... Read more »

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

Lack of ssn and dob will not affect the eviction. Bankruptcy of one tenant will likely stay eviction of other tenants in the same house.

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: IF i have a Lease Agreement with option to purchase, am I as the "buyer" responsible to pay for property taxes?

Seller is financing land to multiple families on the same tract. Property has not been subdivided so seller just calculates an amount. He will not be able to keep up with his end of the deal as we are in contract for 5.5 acres which are now being reduced to about 4.3. I have paid two years of... Read more »

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

Contract for deed can be especially difficult to deal with. Most lawyers would agree that we would have to read your contract.

In this case, it sounds like you have voluntarily paid property taxes, and he could easily argue that this has been the oral agreement. Which most people would...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: How much notice is required for a change of payment method for renters and how must it be communicated?

Flyer laying on ground outside apartment (dated 7/29/22 advising tenants that their rent for 8/1/22, must be paid by: cashiers check, money order or personal check and brought directly to the leasing office. No online payments accepted. Doesn’t this require 30 days written notice? It is a burden... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jul 31, 2022

The good news is that your lease probably has the answers to your question. There is a written notice requirement for any change in a written lease. However, I would need to see your lease to advise you better. I believe you are good for this month, but next month you will probably need to comply... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law, Family Law and Domestic Violence for Texas on
Q: I have a court date to be evicted from my home. By my daughter. From my home in town had a trespass report by lying

What can I do? I need help now

John Cucci Jr.
John Cucci Jr.
answered on Jul 21, 2022

Sorry to hear about your problem.

If you have a court date set for your eviction, you need to act fast. If it is within the next few days, you can ask the judge to re-fix the court date, but they will only give you a week or two. There are some legal aid socities that help people who can...
Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Landlord - Tenant and Small Claims for Texas on
Q: Is there fraud in submitting an Affidavit of Inability to Pay for a company based on the income of a person not in suit?

I live in a complex that is owned by an LLC. The registered agent for the LLC is also the on-site property manager. When filing evictions instead of paying the filing fees she submits an Affidavit of Inability to Pay. She is not included as a plaintiff in the suit. Only the LLC is listed as... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jul 17, 2022

You have raised a serious question. I woould like to see the Affidavit filed requesting a waiver of the filing fee. If the LLC is owned by the person filing for the fee waiver, it might be allowed. But if the LLC is not a little mom & pop business, and they have many units, it might be fraud.... Read more »

1 Answer | Asked in Estate Planning, Personal Injury, Real Estate Law and Landlord - Tenant for Texas on
Q: What can I do about mold in my apartment if the complex refuses to acknowledge it?

When we first told them we have mold, they said it wasn’t mold but sprayed mold killer. We told them again and they are still saying it’s not mold but my kids have seen multiple doctors who all say that they are being affected by mold. I’ve shown pictures to them and everyone says that it is... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 29, 2022

Ask your local health department to come out and investigate.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Repaying a gifted down payment for a house.

I purchased a home in July of 2021 in the state of Texas. My now ex-fiance gifted me 7750 to put down. She has kept 12k worth of rings I purchased for her stating they are a gift. I told her if she will give me the rings back I will give her 11k dollars. She wants to keep the rings and me give her... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

First, be aware that the wholesale value of a diamond ring that costs $12,000 is probably in the range of $2,000 to $3,000 and almost certainly less than $7750 even if they are unworn rings from Tiffany in the original packaging. The appraised value certificate they give you for insurance purposes... Read more »

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