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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Criminal Law for Texas on
Q: Roommates took my belongings as rent - is this legal in Texas?

I moved in with three friends as roommates, and we all contributed equally to the down payment and first month's rent. However, due to my record, they asked me not to be on the lease to avoid issues in obtaining the house. After four months, my roommates decided to change the rent due date and... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2025

No it is not legal and may constitute theft although I doubt police will be much help or that criminal charges will be filed.

You can probably sue your roommates for the fair market value of the items they took. If you did not ultimately pay your share of the rent owed on the date you...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Texas on
Q: Ex left garden tools at my house, hasn't picked up after multiple requests. Are they considered abandoned, and can police be involved?

I have some garden tools that belong to my ex, which he left at my house last summer. He initially requested them in October but then canceled. He asked for them again at the end of February, knowing I would be out of town, and still hasn't taken them. We've communicated only through a... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

Police will usually not get involved, saying this is a civil matter.

If you were also your ex-'s landlord, you might receive the advantage of the language in any written lease agreement between you. Normally, under the Texas Property Code, a tenant's personal property is...
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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Texas on
Q: Ways to exit a problematic rent-to-own lease for a trailer home in poor condition.

My son signed a rent-to-own lease for a trailer home that's in poor condition. The stairs are falling apart, the tub doesn't drain properly, and the gas stove can't be used because the trailer only has electricity. The lease is for 70 months. I'm visiting this Friday to review... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

First and foremost, review the rent-to-own lease itself. It should indicate who is responsible for maintenance and repairs and whether the tenant must first obtain written approval from the landlord. It should also indicate any cancellation procedure including any required notices.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my landlord withhold deposit without explanation in TX?

I moved out of my rental property on January 31, 2025. My landlord promised to return my $200 security deposit within 30 days. I didn't receive it, so I texted my landlord on March 5, 2025. He said he'd just sent it, and I received it on March 9, 2025, with $200 withheld and no itemized... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

No. You are entitled to an explanation of the deductions. If your landlord is not forthcoming with an explanation at your request, you can file a lawsuit in the justice of the peace court located in the county and precinct where the leased premises are located. You may be entitled to receive the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I break my lease due to ongoing roach infestation in Texas?

I have been dealing with a roach infestation in my apartment for over a year. Despite repeated discussions and a formal letter to the landlord, no action has been taken to resolve the issue. The problem has now escalated to the point where roaches are in my refrigerator, affecting my ability to... View More

Raymond Chow
Raymond Chow
answered on Feb 27, 2025

Before taking any action please consult with an actual landlord/tenant attorney. Apply for Legal Aid if you cannot afford legal help.

See Texas Property Code Sec. 92.056.

1. Notice to the Landlord

You need to make sure your landlord has received your notice of the issue in...
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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Personal Injury for Texas on
Q: Can I sue my apartment complex for not addressing truck theft and break-ins?

I live in an apartment complex where my truck was broken into twice and eventually stolen. Despite having reported the incidents to the apartment management, they did not take any action or provide assistance; they simply expressed regret. The complex has security, but they haven't been... View More

Raymond Chow
Raymond Chow
answered on Feb 25, 2025

Under Texas law, landlords must maintain reasonably safe premises, but their obligation to prevent vehicle theft is limited. Texas Property Code §92.153 mandates security measures for residential units but does not require specific protections for parking areas. However, under premises liability... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Texas on
Q: I have small claim for Recovery Personal PROPERTY take illegally and in very bad faith by the apartment complex

I have small claim for Recovery Personal PROPERTY take illegally and in very bad faith by the apartment complex where I live. The mediation already took place on February 10, 2025 without reaching an agreement. The defendant only has an unsupported argument and I have evidence of harassment to... View More

John Michael Frick
John Michael Frick
answered on Feb 13, 2025

Because this is a small claim, your best recourse is to pursue recovery in one of our JP courts. JP courts have jurisdiction over very small cases where the amount is $20,000 or less. The advantage of JP courts is that you do not need a lawyer and can state your claim in common everyday language.... View More

1 Answer | Asked in Appeals / Appellate Law, Landlord - Tenant, Foreclosure and Real Estate Law for Texas on
Q: To what is the best way to get a continuance for a eviction appeal in the state of Texas?

My girlfriend had her house sold due to a wrongful foreclosure and we don't have money for legal help so we're trying to do this on our own

John Michael Frick
John Michael Frick
answered on Jan 27, 2025

Prepare and file a verified motion for continuance setting forth the reason why you need a continuance. There are specific rules dealing the absence of a witness which require certain information. Be as specific and detailed as possible. For example, when I moved for continuances due to... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My ex and landlord had a verbal agreement he would work for him in exchange for rent no lease was signed no receipts

From what my ex boyfriend told me he would work and rent would be paid, well he had my ex working from morning to about almost 9pm, he was spending money on my ex opened a bank account, got him a loan , payed for other car parts etc. I never was included in anything, I was in a abusive... View More

John Michael Frick
John Michael Frick
answered on Jan 24, 2025

As long as the title to the RV is in your name and you didn't sign anything, your ex's landlord does not have a legal leg to stand on.

That being said, move your RV ASAP. Your continuing to live there after your ex (the tenant) left could be evidence of the existence of a...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: My landlord is using my personal information against me, slandering me

And slandering my deceased parents. I paid all of my rent.

John Michael Frick
John Michael Frick
answered on Jan 23, 2025

If your landlord has made false slanderous statements about you and someone else heard those statements, believed them, and then did something or refused to do something that caused you compensable damages because they believed those false statements about you, you may have a valid claim for... View More

2 Answers | Asked in Landlord - Tenant, Criminal Law, Real Estate Law and Business Law for Texas on
Q: We rented a space to someone on our storage facility. He began living in the space & we allowed it but now want him gone

We own the 15-acre facility & pay taxes every year. Due to his financial situation, we allowed him to stay & work in lieu of rent. Nothing in writing was ever done about this arrangement, all verbal. He's using his truck & camper shell to live in behind our office. Last Friday,... View More

John Michael Frick
John Michael Frick
answered on Jan 23, 2025

Because there is no agreement to pay rent, you must give him 30-days advance written notice to vacate for the reasons stated in your question. If he fails to surrender possession of the premises to you after 30 days, you must file an eviction suit in the justice of peace for the precinct where the... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I am renting a mobile home. several large limbs from a tree on the property were blown down and damaged my vehicle.

Does my landlord have any liability for the damage to my vehille

John Michael Frick
John Michael Frick
answered on Jan 21, 2025

It depends on the language of your lease, but probably not. Landscape maintenance is usually the responsibility of the tenant, not the landlord. Your landlord could potentially be liable if your lease prohibits you from doing landscape maintenance or limits your right to trim tree branches, and... View More

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: What does it mean within 5 days to post bond. If the bond for an appeal was posted on the December 26
John Michael Frick
John Michael Frick
answered on Dec 30, 2024

Ordinarily, if a losing litigant in an eviction proceeding in JP court wants to appeal to the county court at law, the losing litigant must post an appeal bond within 5 days. A bond posted on December 26 would be timely if the judgment in the eviction proceeding was signed on or after December 20... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: In Texas can your residential landlord of an apartment complex fine you for thing outside of your lease?

EX: I received a lease violation and was fined for items on my patio. Nothing in my lease stated anything regarding items on a patio.

In Addition, I reported my landlord to the City of Austin about an ongoing 8 month German Cockroach infestation in my unit because they refused to provide... View More

John Michael Frick
John Michael Frick
answered on Dec 10, 2024

Your landlord can only "fine" you in accordance with your agreement. The reason doesn't necessarily have to be in the Lease itself. Often, tenants sign documents agreeing to be bound by a landlord's rules and regulations. Sometimes, that agreement is in the Lease itself;... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I signed a lease online with the residence in Michigan (but I lived in TX) what state should I get an Attorney?

I was coerced by my soon to be fiance, who then suddenly broke off our relationship, after I signed the lease. I don't want to be held financially liable. He never picked up the keys and never moved in...just left things hanging. I've made multiple attempts to ask to be removed from any... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Your obligations to the landlord under your lease are most likely governed by Michigan law, so you need to consult a Michigan attorney with respect to any rights or obligations you have under that lease. Commonly, you will remain financially obligated to satisfy all the terms and conditions of the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Does my previous landlord have the right to keep my possessions

Previous landlord did not give me access to my property after the constable served the execution of written and will not give me back my property.

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

No a landlord does not have the right to "keep" your possessions. A landlord does have the right to discard possessions abandoned by a tenant at the premises when a writ of possession is executed. A tenant has the right to remove their possessions before the writ of possession is... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Is it against the law to rent a apartment in Texas if there is no locking mechanism on the front door and no smoke alarm
John Michael Frick
John Michael Frick
answered on Dec 2, 2024

Yes. As a tenant, you have remedies under the Texas Property Code if your landlord has not provided both a smoke alarm and a locking mechanism on the doors. You should give the landlord written notice in the form specified by your lease agreement to install both a smoke alarm and a locking... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I sue my landlord for hotel cost reimbursement

The drain in my shower backs up with gross black stuff making it impossible to shower. I've told my landlord about ur for a month now. He's sent out 4 plumbers, all of them say the pipes have to be replaced, yet he still isn't replacing them. I've had to get hotels in order to... View More

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

That likely depends upon the terms of your lease agreement. Many leases include an agreement that the tenant will not sue the landlord for certain types of things. In particular, in your case, the cost of paying for somewhere else to shower would by an "incidental or consequential"... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Apt manager obtaining signature of a Resident with a third party who hasnt signed the addendum to the Rental Deed. Is it

Legit? Towing the vehicle of a DISABLED without NOTICE just on the pretext that new LP details couldnot be conveyed to My Vip parking portal though the first time registered is done 5 months ago. Despite having my details with them not informing me before towing tantamount to utter disgrace,... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Sorry to hear about your LL problems.

There is no such thing as a rental deed. It's either a lease or an agreement to rent living space in TX.

The terms of any lease in TX, can be made or changed by the Landlord "LL" and Tenant, as long as BOTH agree. If you pay extra...
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1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Who do I get to help me to make my landlord from the apartment complex go over her ledger because they're charging to mu

Charging me too much for late fees they have their computer that is not updated and they keep on charging and charging

John Michael Frick
John Michael Frick
answered on Oct 8, 2024

Your landlord cannot charge you late fees unless you are late as described in your lease agreement. How often the landlord updates their computer is irrelevant to this determination. If your rent is due on the 1st and you pay your rent on the 1st, it doesn't matter when they input that... View More

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