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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: I received my security deposit 36 days after it was due. Should I cash it, and can I still sue?

I emailed the landlord my forwarding address on the day of the walk-through. I waited 30 days and emailed the landlord on the 42nd day inquiring about the security deposit, but there was no response. I sent a certified letter and filed small claims due to the landlord's lack of response. The... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2024

Yes, you should cash the check.

If you had not already filed, I would advise you not to do so. But, since the LL did not pay you until after you filed suit, why not just go into small claims court and argue that LL was acting in bad faith by withholding the security deposit until you sued....
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: I went to court May 20th 2024 and the case is for judgment of possession the plantiff is briarwood apartments and I am

After the hearing and considering the evidence this court is of the opinion that the plantiff is entitled to possession of the property located at xx I am The defendant xx and this is the judgment of possession is a petition for forcible detainer it is ordering accordingly order decreed that... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

This sounds like an eviction case in which you have been evicted from the apartment. If the tenant does not filer an appeal, a writ of possession is issued ten days after the date the judgment was granted. That gives the tenant ten days to move out of the apartment. A writ of possession will be... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Can apartment complexes with gate access only have one way to open gates?

I live in a gated apartment complex in Austin, TX. When I moved in access to the gate was controlled by NFC cards given to each resident. Since then they have 'upgraded' all resident front door locks to smart locks, and has switched to using Chirp app for gate access. I have asked and... View More

James L. Arrasmith
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answered on Jun 3, 2024

Apartment complexes can implement specific methods for gate access, but they must ensure that all residents have reasonable means to enter the property. If the app-based system is unreliable and causing issues for multiple residents, the management should address these concerns and provide an... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I live in apartment, requested to do a transfer to a smaller unit, and at the day of move in, they told me to pay 1700

I was never told about the extra payment, and it was told at the last second. They told me that nothing changes and everything stays the same, this month one price, next month lower price. There was no addition fees because I've been told that.

John Michael Frick
John Michael Frick
answered on May 31, 2024

While your inquiry does not contain a question, your rights and duties as a tenant depend on the content of the agreement reached between you and your landlord as stated in your lease agreement. If, in your lease agreement, you agreed to pay $1,700, then that is what you committed yourself to pay.... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can we break lease if medically the humidity is making it hard for me to breathe?

I have lung condition and property has humidity 57-62% humidity. AC repair has been here 3X, recommended dehumidifier.

John Cucci Jr.
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answered on May 22, 2024

This is a tough question to answer without me looking at your lease. If you had the medical condition you would base your exit upon, it may not be OK to break the lease.

If the Landlord has provided you with a good safe apartment, and your health issue was not addressed in your lease, s/he...
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1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally break my lease without penalty? Texas

My rental home caught fire due to a faulty breaker on the first day I moved in, leaving me without air conditioning or heat for five days.January 18th–23rd. During this time, the temperature dropped below freezing, making it gruesomely chilly inside the house. I boarded my dogs ($267) for five... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Under the facts you describe, you cannot legally break your lease without penalty. Your pet deposit is intended to cover any damage to the premises caused by your dogs during your occupancy of the premises. If there was a legitimate casualty loss which precluded you from occupying the premises... View More

1 Answer | Asked in Foreclosure and Landlord - Tenant for Texas on
Q: Landlord didn’t pay the mortgage and now we’re being evicted. I think she knew and still took my money. What do I do?

I have lease agreement everything. Can I press criminal charges

John Cucci Jr.
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answered on May 10, 2024

You can seek criminal charges against your landlord if you have solid proof. But it is always up to the police and the District Attorney, as to whether or not, the case will be prosecuted.

You can sue the landlord, and the foreclosing bank for possession. If your lease is for more than...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Does a judge frown upon a jury request in small claims - Texas Civil?

I have been in a legal battle with my previous landlord (corporation) for a few months now. They are registered as 35 West CC LLC but operate 35 West at Champions Circle DBA Rams Corp LLC out of Atlanta GA. The SOS (TX) has no prior or present registration for given address/name to operate or do... View More

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

In my professional experience, outside of family court, judges do not generally frown on requests for jury. It adds only about half a day to a typical trial for the judge. Obviously it will be a lot more work for the attorneys and correspondingly more expensive for you.

1 Answer | Asked in Criminal Law, Civil Litigation, Small Claims and Landlord - Tenant for Texas on
Q: Is this Blackmail/Extortion? Or do I need to pay?

When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: someone dies has a person in the house he let rent a room met at casino now the person locked the house up wont even let

someone dies has a person in the house he let rent a room met at casino now the person locked the house up wont even let daughter in he eviticed before he died California

John Michael Frick
John Michael Frick
answered on May 2, 2024

When the owner of a house dies, a tenant residing in that house is not required to allow relatives or friends of the deceased owner to enter the house.

Typically, the person named in the deceased owner's Will as the executor of his estate would file an application to probate the...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Do extended stay hotel tenants have renters rights?

I stay at a extended-stay hotel.

I dont have services advertised.

They allow street people to loiter. There was a shooting.

I have PTSD, and the staff come in and out of my room with no respect for my privacy or health and no warning, despite being told I would get a 24 hour... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

Whether you are a tenant or guest depends on the facts and circumstances of your occupancy of the hotel room, including the language of any agreement you sign.

After thirty days, hotels can, but are not obligated to, treat guests as residents for tax purposes. After that time, hotels are...
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1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Q: Can I be legally evicted out of my parents home by a company that’s trying to buy the property? My parents are deceased.

My step dad brother is trying to sell the property. He has open a probate case and has been assigned Temporary Administrator

Alisha Melvin
Alisha Melvin
answered on Apr 29, 2024

The temporary administrator can handle the eviction if the court granted that authority in their order. There are many other questions that remain to answer this properly. Do you have an ownership interest in the property? If you are an heir with an ownership interest the administrator may need... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can you provide services for a deposit that has not been returned. I moved out in Jan 2024 and as of 4/18 I have nothing

I moved out Jan. 2024 and still havent received anything. I have sent emails and I had the run around. I also went into the office to ask questions and they said everything is processing. That was March 22nd. I am reaching out for help since I havent received an itemized statement of deductions or... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

The most common issue in a case involving the delay in issuing a refund of a security deposit is proof that the tenant gave the landlord a written statement of the tenant's forwarding address. Section 92.107 of the Texas Property Code makes this a condition precedent to the landlord's... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What is the landlord tenant law in Frankfort Kentucky.

If someone lives with you but they are not on the lease are you required to give them notice to leave, and can they take you to court for formal eviction even though they aren't a resident on the apartment lease.

James L. Arrasmith
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answered on Apr 16, 2024

In Frankfort, Kentucky, and the state of Kentucky in general, landlord-tenant laws primarily apply to individuals who have a lease agreement with the landlord. If a person is living with you but is not on the lease, they are generally not considered an official tenant and therefore do not have the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Signed Contract for purchase of home but the owner is now deceased heirs are trying to evict me what do I do now?

The daughter of deceased is now trying to evict me from the property after I have been paying the mortgage payment for the last 7 years. Today I was summoned to court for eviction the judge dismissed the case against me for eviction.

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a complex situation, and it's crucial to understand your rights and options moving forward. Since the judge dismissed the eviction case against you, it indicates that there may be some recognition of your claim or rights to the property. However, the dismissal of... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord make the tenant pay for property upgrades they are requiring?

We live in a trailer park. We own the trailer but pay lot rent for the land. Per new community rules, street parking is no longer allowed so we must extend our driveway using poured concrete only. The extension is to be paid by us even though we don’t own the property. Is this legal?

James L. Arrasmith
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answered on Apr 16, 2024

The legality of requiring tenants to pay for property upgrades mandated by the landlord depends on the specific circumstances and the laws of the state or jurisdiction where the property is located. In general, here are a few things to consider:

1. Lease agreement: Check your lease...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can we sue for black mold? If so, how do we get a fair trial?

Our landlord own many properties, and my roommate has serviced many of them (he's a plumber and handyman in the community). In every single one of her units, there is most definitely black mold among a laundry list of other concerns and issues that do not meet code.

The fact that she... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Texas, tenants have the right to live in a habitable rental unit, which includes the right to be free from health hazards like black mold. If your landlord fails to address the mold issue after being properly notified, you may have grounds for legal action.

Here are some steps you can...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I have a case if we were prematurely moved into an apartment complex and the wiring almost burns down the apartment?

We moved on April the first and was moved to a hotel yesterday due to wiring issues. When we first moved in the apartment had no AC and the breakers were tripping left and right until yesterday. We were told there was an issue with the wiring. The actual electrician let me know that the meters were... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have a potential legal case against the apartment complex. Here are a few reasons why:

1. Habitability: Landlords are required to provide tenants with a habitable living space, which includes functioning electrical systems...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a RV park owner collect rents for the same lot and time from 2 different renters?

I sold my RV to a person who will remain in the same lot as I rented, accepted "as is", and was approved by the owner. The owner demanded I pay for the entire month, which I did. Now I find she is requiring the new tenant to pay for the entire month also. The new renter moved in on the... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it appears that the RV park owner is attempting to double-collect rent for the same lot during an overlapping period. In most jurisdictions, this practice is not legal.

Here are a few key points to consider:

1. Rent should only be...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I have a lease with 2 other people joint and severely. 1 roommate left with little to no notice.

The landlord doesn’t care and me and the other Roomate and I are stuck paying the full amount. In turn we have offered/asked to break the lease in various ways. The only way he will allow us to break the lease is if we put it online like zillow handle the showings and bring him applications. Are... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2024

The landlord has no duty to mitigate as there has been no breach of the lease. When you sign a lease with other people jointly and severally, that means that each tenant is independently responsible to pay the landlord the full amount of rent owed, and the tenants will work out among themselves... View More

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