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Texas Landlord - Tenant Questions & Answers
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.

1 Answer | Asked in Elder Law and Landlord - Tenant for Texas on
Q: Can my apartment complex not do needed repairs which affect my apartment?

6 yrs ago, my upstairs neighbors' kitchen sink , garbage disposal and dishwasher water kept coming up in my sink and finally flooded my apartment. They fixed it then but its doing it again now. The complex changed hands and I have been asking and even begged them a couple times since January... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

Contact the renters' council in Temple. If there is none, try the Travis County Renters' Council.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Need help with Order of Protection against roommate, breach of contract for not paying rent, and getting her off lease.

Roommate has not paid rent, is verbally and emotionally abusive, threatening, and we are scared of her. Please help!

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

If person is threatening you call the police and report it. You be able to get a protective order.

As to the rent you can sue for breach of contract assuming you had a written agreement.

You will need to get a copy of lease and review it to see how to remove a signer from the...
Read more »

1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Q: my landlord/friend passed away & no will. Now his sister is taking me to eviction court no probate. What can i do?

None of his family has been around in 20 years. This is crazy yet sad. There are alot to be involved in probate court to get their portion.His greedy sister should go back to the rock she came from.what can i do

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 15, 2021

Move. The executor or administrator of the estate has a legal duty to sell property to pay debts and distribute the remainder according to the Will or, if there is no Will, the state's laws of inheritance. This may involve evicting tenants. Neither occupancy nor friendship confer ownership... Read more »

1 Answer | Asked in Domestic Violence, Immigration Law and Landlord - Tenant for Texas on
Q: Can I terminate my lease if there is a domestic violence charge against me?

I am an immigrant on Daca and I am married to a U.S. citizen. My husband has criminal history. I've been suffering from many forms of abuse, including emotional, verbal and even physical. Because of his crimininal history , many times I hesitated to call the cops on him when he began acting... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2021

Being accused of a domestic violence is not a condition that allows you to break a lease without being responsible for paying future rent obligations under the lease agreement. If you break the lease, you will be responsible for your obligations under the rental agreement. You would probably be... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Landlord - Tenant for Texas on
Q: I'm the Landlord,my rental contract between both parties has expired in 2017.Although the contract has not been re-signe

We still maintain the rental relationship.Recently,due to the damage of the house.Tenant is unwilling to take responsibility for repairs.But in our old contract,these damages should be repaired by the tenant.Can I ask him to take responsibility for repairs,even if our contract has... Read more »

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

When the original term of a lease expires and the tenant stays in the property, the tenant does so under the same terms as the original lease, but becomes a month to month tenant. Your lease appears to have an increased rent amount, but if you've been accepting rent under the old rate for 2-3... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: When an appellee does not answer the brief asked by judge in given time, what option, appellant has?
Teri A. Walter
Teri A. Walter answered on Apr 20, 2021

I think you're asking what happens when the appellant files their brief and the appellee does not. In that case, the appeals court will make its decision based on the record, and the appellant's arguments.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Tenant delinquent on rent, water pipes burst does the landlord have to fix?

This is in reference too:

Texas Property Code Sec. 92.052 Landlord’s Duty to Repair or Remedy

(a) A landlord shall make a diligent effort to repair or remedy a condition if:

(1)the tenant specifies the condition in a notice to the person to whom or to the place where... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 19, 2021

Yes, it appears to be. This remedy involves more than just these subpoints. I believe there are three additional requirements that need to be also met as well as some other code sections that flesh out what "notice" means.

I am not sure if you are the landlord or the tenant here,...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My employer fired me cause of a compliant from a customer of theirs, my landlord Can I sue the landlord
Teri A. Walter
Teri A. Walter answered on Apr 16, 2021

Probably not, but it's hard to say anything for sure without some context - such as what they said, whether it was true, and the exact reason you were fired. Unless what they said was untrue, and the employer fired you because they believed it (and not for any other reason), I doubt there is... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Small Claims for Texas on
Q: I had my car illegally towed from apartment. What can I do?

Apt did not use contracted towing company as what’s listed in my contract and outside buildings. They will not tell me a reason my car was towed. Who ever took my car did not leave any information on where my car was taken to. They did not register my car as towed, so it has been stolen. I made a... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 9, 2021

Hello, thanks for your question!

Sorry to hear about that! In regards to the fees that you are being charged, on the invoices you are receiving, there should be a phone or email address that you can reach out to figure out what's going on.

I'm a little confused - how do...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I still have to give notice if i’m in between leases right now?

my lease expired on march 23rd 2021. Originally I had given a 30 day notice (what’s required per my lease) and was planning on moving to a new complex, but decided to retract my notice and just transfer units (switch from 1 to 2 bed). I have been waiting for over a month for my transfer request... Read more »

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

Your old lease expired, and you haven't signed a new one. For most leases, this means you're a month to month tenant. Check your lease to be sure. If that's the case, you must give a 30 day notice to terminate the lease.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my mother take me to court, I’m 19 years and live in Texas?

I recently turn 19, currently I live in my parents house. My father pays for all the bills, except for one which I pay. My mother doesn’t pay anything. My dad doesn’t live in the house. I recently put a lock on my door blc my mother was stealing checks that had my name and siblings were... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

If your father is also an owner of the property or a tenant on the least (depending on whether it’s leased or owned), your mom cannot kick you out as long as your dad allows you to stay in.

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