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Texas Landlord - Tenant Questions & Answers
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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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my renters refuse to pay rent on the 1st because he paid last months rent. without 30 days notice

My renter was given a 3 day eviction notice June 24th for lease violations. He is dodging Police to serve him . Tomorrow is the 1st of the month for rent and still not moved out. He says he does not have to pay me because he paid his last months rent 4 years ago. THere is no new lease since 2021.... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

It depends on the language of the original lease agreement. At the end of a lease term, if a tenant holds over (remains in possession of the premises), the lease renews on the same terms and conditions stated in the original lease agreement month-to-month.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I feel that my previous landlord is charging my family and I wrongly after we have moved out of the residence.

This is what I said to the landlord:

Good morning, I looked over the statement you send my husband and I. A lot of this doesn’t make sense or add up. There is no way we owe the apartments $2,133.45.

We were on no lease agreements and we left 8/1/2024. The amount here doesn’t... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

It would be unusual for someone to refer to someone else as their landlord and to occupy an apartment without a lease agreement of some sort. While it is legally possible to have an oral lease of less than one year, it would be extremely uncommon for an apartment complex to allow someone to occupy... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Business owner Dallas Texas commercial Triple nnn lease agreement. What are tenant expense rights.

This is in Dallas Texas. Need a lawyer to look over my commercial lease agreement - agreement is a Triple nnn lease. I want to know my rights as a tenant in respect to the expenses the landlord says I have to pay and also if I have a say in those expenses such as how much I want to pay, to whom is... View More

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

In a typical triple net lease, a commercial tenant pays a pro rata share of the taxes, insurance, and common area maintenance expenses incurred by the landlord typically based on a ratio of the square footage of the space rented by the tenant divided by the total rentable square footage of the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I break my lease if the property manager does not fix air?

I live in Texas and the temperature inside my unit reaches up to 81 degrees whenever the outside temperature is in the 90s. My bedroom is hotter than the rest of the unit and reaches 83 degrees. I have submitted a work order to the office and sent a certified letter with photos of the thermostat. I... View More

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

The answer to your question depends heavily on local ordinances and the language of your lease agreement.

People were leasing space to live long before the invention of air conditioning. As a matter of common law and state law, there is no legal requirement that a leased space have working...
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1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for Texas on
Q: Can DCHHS EHAP (Emergency Housing Assistance Program) be sued? I was denied recertification of my previous rental assist

My caseworker denied the recertification case AFTER SHE advised me to file. I have documentation of fraud, lies and misconduct by EHAP caseworkers so I contacted EHAP director, who agreed with caseworker’s denial until I showed documentation of grave misconduct on the part of several... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some key points to consider:

1. Legal action: Generally, government agencies can be sued, but there are often specific procedures and limitations for doing so. The ability to sue DCHHS EHAP would depend on various factors, including the...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Landlord-Tenant Case in Tarrant County: Rights and Next Steps

I am a plaintiff in a landlord-tenant case in Tarrant County. The Justice Court JP1 ruled in my favor, but the defendant has filed an appeal and submitted a statement of inability to pay the court fees. However, the defendant has failed to deposit the required rent payment into the court registry... View More

John Michael Frick
John Michael Frick
answered on Jun 18, 2024

If rent has not been deposited into the registry of the court by the tenant as required by law, you can request the issuance of a writ of possession. The statement of inability to pay only excuses payment of court filing fees, not rent.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Advice Needed: Eviction Case Appeal Due to Defendant's Statement of Inability to Afford

Dear Legal Experts, I am seeking advice regarding an eviction case where the defendant has appealed the judgment by filing a Statement of Inability to Afford Payment of Court Costs. The defendant has claimed that they are receiving various forms of government aid, including utilities assistance,... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

During an appeal from an eviction case, an indigent defendant can file a Statement of Inability to Afford Payment of Court Costs to avoid paying upfront the court filing fees associated with the appeal. This Statement, however, does not excuse the defendant from paying rent during the pendency of... View More

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.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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