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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Personal Injury and Landlord - Tenant 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...
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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....
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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...
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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
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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
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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 »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally be changed a pet fee for using my service animals for my disabilities?

I have resided in a hotel for over four months and about 3 wks into our stay I presented the registration to the mhr of the hotel. I had to wait for an approval to bring them with me. On Monday got the ok. So 3months and 3 wks later the mgr come to us stating I could not have them and I will have... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 15, 2022

No, you cannot be charged a pet fee or pet cleaning fee for using a service animal. You are correct that the only fee that can be charged is for any damage caused by the service animal. You cannot be asked to remove your service animal unless it is out of control or is not housebroken. A service... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Texas on
Q: If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble

If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble if they were told to not come back by my mom.

John Cucci Jr.
John Cucci Jr.
answered on Apr 12, 2022

This is a sticky situation. If you live at the house, you can invite anyone to come see you. However, I would not expect them to "hang out" at the house. You would need them to only stay in your room. Thus, they can come pick you up, or visit you in private, but to do so is asking for... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence, Health Care Law and Landlord - Tenant for Texas on
Q: Can you record a person without them knowing?

If I'm on the phone and use another device like ipad to record conversations, do i have to let the other person know I'm recording them and can I have a recording app on my phone to record my conversations?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 3, 2022

In Texas only one person has to know that you are recording

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Lease was up. Never went in to sign a new lease. Behind on rent due. Got Eviction notice

Called and talked to her have done a promise to pay before said she don't do that when I have done it before. Told her I was waiting on taxs due to losing job thought they would have came in by the day I said but the did not. Can i still get evicted if I never signed a new lease? And would she... Read more »

Leroy Scott
Leroy Scott
answered on Apr 3, 2022

Yes, a landlord can evict a tenant even after the lease has expired. Without more information, it's hard to answer the second question about the date being wrong.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Yes I was hit in by a taxi cab in the crosswalk I want to know what my liability factors are against the tab company
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2022

I hope that you are not seriously injured. Since most injury/accident lawyers will provide you a free, complimentary consultation, I would recommend that you go straight to that route-----use the Find a Lawyer tab and search for injury/accident lawyers in your area, contact a few and meet with... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hi my friend had my 4 wheeler & one night his landlord changed locks & is holding my 4 wheeler as ransom until he pays

My friend’s landlord is holding my 4 wheeler & other items until he pay for breaking lease. Can he hold my property??

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

No, the landlord has no authority to hold property belonging to someone else. Go show him whatever documents you have showing that the 4 wheeler belongs to you, and pick it up. If he won't release it, you can sue for conversion - small claims court will have jurisdiction over claims of less... Read more »

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