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Texas Landlord - Tenant Questions & Answers
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 »

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Texas on
Q: Harris County TX.non-relative squatting in Deceased Parents house.How can I kick him out & Charge back rent?

Mother died 2019. No will or executor of the estate.

I started Probate (June 2020) on her estate because of the obvious fraud and concealment taking place by Stepdad.

Stepdad died in August 2021. So far the probate has gone nowhere, because the attorney I hired was either... Read more »

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

The status of the probate case is not clear, but before anyone can do anything with the house, two things have to happen: 1) There must be someone appointed to represent the estate - if there's no will, that means you need an administrator appointed. 2) The administrator would have the... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: landlord says I did not pay rent, I have the M Order receipts I gave him, additionally Im beneficiary of a fed program

of rent relief which covered 8 months, plus 7.5 months I paid, LLrd refuses to provide one single receipt. He is using dubious accounting practices. bottom line all included I must have covered about 15 months of rent & wants me to start paying again in January 2022, lease is expired and he did... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 14, 2021

You should Always keep your own records. If you think the landlord is not going to credit all your payments, that's a really good reason to start gathering your own records.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it standard for a landlord to raise the deposit when the lease is being renewed

Yes their are repairs that need to be done..but i feel those are thing the landlord should fox like the water does not come out the tub or sink in 1 bathroom and the ceiling fan in the living room went out and these things have been broken for years

Teri A. Walter
Teri A. Walter answered on Dec 14, 2021

Most won't do it, but renewing a lease is entering into a new contract. With a new contract, everything is up for negotiation. Of course, the deposit does not apply to the repairs; it applies to cover damage to the property by the tenant.

Look here for a detailed description of how...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: I had an an attorney send me a demand letter stating I had 3 days to give them money

So details ( I’m not delinquent on rent) I have a friend who had kidney disease and was on dialysis. He couldn’t work and was on his death bed. I took him in and made sure he went to his appointments and he was on disability but it barely covered anything. His dialysis clinic let him know of a... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 13, 2021

Your rights are limited to the terms of the lease you signed. The fact that the manager may know that your friend is there doesn't change the terms of the lease.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I get some guidance on my current situation making payments on a rent to own property?? The landlord is about to put

The property up for auction, but I think the house may have accidentally been put in my name.

Teri A. Walter
Teri A. Walter answered on Dec 6, 2021

I do not know how a property would be "accidently" put in your name, or how anyone could sell property (by auction or otherwise) that they had already transferred to someone else. Take your contract, payment records and any notices you received to a lawyer for review.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Do I still have to pay my rent if my landlord isn’t upholding the lease agreement?

Not supposed to have anyone staying with us, but my roommate does. And the microwave has been broken for months

Teri A. Walter
Teri A. Walter answered on Dec 6, 2021

The short answer is yes, you have to pay rent. Your obligation to pay rent is separate from your landlord's obligation to do repairs, and if you don't pay your rent, you'll get evicted.

There are procedures that must be followed to complain about the failure to do repairs,...
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1 Answer | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Yes i just need a little advice.i broke my ankle when i step on the back step that caved in.i got pictures.

I told landlord what happen? he said the place was ready but it was not.the pipes were busted the tolite was leaking its all unlevel no smoke alarms i fix it all after waiting on him to show which he never did.know he took me to court for eviction on 23november.i got approved for texas rent refile... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I can't speak for the landlord-tenant aspects of your matter, but on your ankle, you could reach out to a personal injury attorney to discuss in further detail. You could search for attorneys in your area on your... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I've been dealing with my landlord for nearly 4 months to get rid of mold in the house. Can I start to withhold my rent?
John Cucci Jr.
John Cucci Jr. answered on Nov 10, 2021

Each landlord has different leases. Each lease has its own language and the lease rules on most issues, including habitability to some extent. Texas Property Code section 92.056, explains the terms and conditions that a landlord and tenant may agree to, regarding the health and safety of the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: Need help i only have 1 day to make an appeal for eviction i only have 1 day to move or make an appeal

Do i need to get a lawyer to make an appeal or i can do it my self Need help i only have 1 day to make an appeal for eviction i havemt been available to find a place to stay do i need a lawyer to make an appeal or i can do it my self i have kids and cant find a place to live and in the court they... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Oct 25, 2021

Yes, if you're unsure with how to go about the appeals process, I would strongly recommend that you reach out to an attorney and set up a consult as soon as possible. They will be able to review the eviction order with you and advise you as to how to best proceed. I wish you all the best!

1 Answer | Asked in Landlord - Tenant for Texas on
Q: How to make an appeal for eviction

How u do to make an eviction appeal?i have 5 days to evacate the property how can i do to appeal before my 5 day dont have a place to go and have kids after the court can the landlord and me get to an agreetmen or not anymore

Jonathan Tanaka
Jonathan Tanaka answered on Oct 22, 2021

Did you attend the eviction hearing? The judge should have gave some specifics as to how much the appeal bond would cost and what the deadline to do so is. You should be able to contact the court and request a copy of the order.

I would strongly advise that you hire a local attorney in El...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: A house I own has become uninhabitable. Can I evict the tenant for unhealthy living conditions?
Jonathan Tanaka
Jonathan Tanaka answered on Oct 19, 2021

It depends. I would reach out to a landlord-tenant attorney in your area (Houston) and bring the lease with you and any documentation (photos, videos) with you to the consult. They will be able to assist in helping to you determine if there are grounds for an eviction. Generally, if there is a... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I responsible for paying for an error in my rent price from two months ago? Can the landlords charge late fees on it?

My rent was raised from 942 to 1067. I paid it for July but in August and September I was billed 942. Now October they want me to pay balance from August/September and late fees. Is this legal since the error was on their part?

Leroy Scott
Leroy Scott answered on Oct 13, 2021

If your lease says $1067, it's not illegal for them to bill for that amount, even if they billed the wrong amount initially.

1 Answer | Asked in Bankruptcy, Landlord - Tenant and Collections for Texas on
Q: Can I take action against Texas Rent Relief for abuse?

My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »

Timothy Denison
Timothy Denison answered on Sep 20, 2021

Doubtful. The state has sovereign immunity.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental paymen

I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental payments in excess of $45,000. I was never aware that I was a co-signer and thought I was just listed on the lease as being an occupant since I only stayed there a few weeks a month to... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

Hi:

I am a parent also.

So if you never signed anything at all, then you can probably get out of this mess. If you did sign, you need to defend yourself if the lawsuit has been filed. If you get served with sue-papers, do not ignore them. Get to a lawyer, and defend yourself....
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I be charged with anything if I kick open my bedroom door that is locked?In Texas.

My wife is locked in our bedroom?

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

If you don't own the property, your landlord will hold you liable for damages to the house. If you hurt anyone in the process, you could be liable for battery, and it's probably an assault on your wife anyway, even if you don't hurt her. Don't do it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: The roof cover over the bathtub in my apt came crashing down. Can I sue the leasing since it could have been fatal ?

I had been complaining about disturbance and thumping from upstairs for a while and this is also one cause for the incident I believe. I was saved since I was not inside.

John Cucci Jr.
John Cucci Jr. answered on Aug 29, 2021

If a landlord is negligent or something on the property breaks due to lack of care by the landlord, there may be negligence. However, unless you are actually hurt ( not just scratches ), there is no lawsuit as there must be a breach of duty ( negligence ), by LL, coupled with that breach causing... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I have documentation in texts and emails to prove I am being harassed (Multiple ways) by my landlord. Do I have a case?

Proof of Incorrect information, No access to a Lease that was electronically signed, Threatened to evict with no probable cause, does not answer questions, and does not work with tenants nor do they accept the evidence when the tenant shows proof on time of rental payments.

Teri A. Walter
Teri A. Walter answered on Aug 18, 2021

Sorry, none of that is harassment, and "probable cause" only relates to criminal matters. The landlord can threaten to evict any time you're not in compliance with the lease, and can follow through on that threat. Even if they lose the eviction case, their threat of eviction... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My ex-landlord put in the online portal where I paid my rent, that I crashed into my neighbors place, it was my daughter

Can I sue my landlord. My daughter along with another daughter was caring for my husband while I was on vacation neither one of them lived with me at the time or on my lease. In the rental portal the landlord put that it is me that crashed into the neighbors apartment and that the check to pay for... Read more »

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

It's not clear that you have any damages. Without damages, you have no valid case. You might try talking to your landlord and see if they will correct the notation.

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