Texas Landlord - Tenant Questions & Answers

Q: My husband and I are separated and I would like to not let him come back into my family's second house can I do this

1 Answer | Asked in Divorce, Family Law, Child Custody and Landlord - Tenant for Texas on
Answered on Feb 15, 2019
Rahlita D. Thornton's answer
If you have temporary orders in place concerning this issue you have to follow them. Your question does not give facts as to whether a divorce action has been filed as of yet. Locking one's spouse out of the house can be problematic. It is best to ask the court to lay out instructions since you two can not agree on these matters.

Q: can a family member give a Notice To Quit when I don't pay rent.

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Texas on
Answered on Jan 23, 2019
Terry Lynn Garrett's answer
The owner can give this notice to anyone.

Q: While I was out of town, my tenant took a purse of mine and pawned it at a pawn shop. I have proof, what can I do?

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Answered on Dec 30, 2018
Kiele Linroth Pace's answer
Call the non-emergency number for the police if you live inside the city limits, otherwise call the Sheriff's department. Also go to the Justice of the Peace precinct for the address of the property and ask about how to legally do an eviction.

Q: Lease termination confusion and fine print misconception.

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Answered on Oct 4, 2018
Tammy Lyn Wincott's answer
I suggest a call to the health department if the dwellings are uninhabitable. Your area may also have a local lease agency that helps people with issues such as yours.

Q: Can an apt complex require I buy renters insurance from a certain company and charge me a fee if I use a different one?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Answered on Aug 20, 2018
Tammy Lyn Wincott's answer
I suggest you call the Texas Department of Insurance for clarification on this. If it was wrongfully charged, you might be able to get assistance from TDI.

Q: I recently paid my rent for it to be rejected even after I got a confirmation number and 5 days later...

1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and Landlord - Tenant for Texas on
Answered on Aug 14, 2018
Paul Looney's answer
You have a fact dispute, whether you paid rent with NSF funds. Get your proof from your bank. Take the notice to the landlord and try to resolve the matter. The whole thing will end up in Justice Court if you cannot resolve it with the landlord. Yours is a question of "proof", not "law". Settle the facts on your side and this should go away.

Q: I have a General Warranty Deed Reserving Life Estate from my uncle before his death. What's my rights with this?

1 Answer | Asked in Estate Planning and Landlord - Tenant for Texas on
Answered on Jul 23, 2018
Terry Lynn Garrett's answer
If the deed was properly drafted and recorded in the deed records of the county clerk and you recorded an affidavit of death after your uncle died, title to the property should pass to you. If you do not want to rely on the reported opinion of the Legal Aid lawyer, take the deed to your own lawyer and ask her to review it and the deed records.

Q: If a landlord fails to mention breed restrictions when the lease is signed do they have a right to evict me.

1 Answer | Asked in Landlord - Tenant for Texas on
Answered on May 29, 2018
Benton R Patterson III's answer
It depends on what the lease says. If its in the lease and you signed it, you are likely out of luck.

Q: Mom is in temp rehab. My sister says if i want hot water i need to pay for it. Why she has poa over mom the house etc

1 Answer | Asked in Elder Law and Landlord - Tenant for Texas on
Answered on Apr 12, 2018
Terry Lynn Garrett's answer
Whether your sister has the right to require you to pay utilities depends on when the DPOA takes effect and what it says. You might do well to get a written lease and apply to your city for low income heat and and power assistance (LIHEAP).

Q: I'm in Texas and need answers regarding if I can evict son and his family while estate of deceased spouse is in probate.

1 Answer | Asked in Real Estate Law, Probate and Landlord - Tenant for Texas on
Answered on Apr 7, 2018
Terry Lynn Garrett's answer
Courts will not enforce an Affidavit of Heirship until it has been of record in the county clerk's office for five years with no one challenging it.

You may have more luck if you hire a local probate attorney to file an Application to Determine Heirship and for Letters of Independent Administration. When the court appoints you administrator, you will have both authority and a duty to take possession of the decedent's property and make it productive. As part of this, you can go to JP...

Q: What can we do to retrieve belongings stored at a relative's home who now refuses our visits?

1 Answer | Asked in Criminal Law, Family Law, Elder Law, Landlord - Tenant and Small Claims for Texas on
Answered on Apr 5, 2018
Kiele Linroth Pace's answer
If there is a competency issue, consult a Family Law attorney that practices law in the county where the grandmother lives.

Otherwise, if you just want to sue to get your stuff, consult an attorney that practices law in the county where grandma lives to find out if a lawsuit is appropriate. If the value of the property is mostly sentimental then perhaps visit the JP court precinct for the street address where it is stored and inquire about small claims lawsuits.

Q: Unclear if itemized letter of return of security deposit is valid.

1 Answer | Asked in Landlord - Tenant for Texas on
Answered on Mar 30, 2018
Roy Lee Warren's answer
Thanks for asking your question. I will try to give you an informative answer. While the law with respect to return of security deposits does state some requirements, I am not sure whether the issues you set forth would be fatal to either recovery or defense, I will post LL/Tenant law with respect to security deposits and the respective obligations. I hope it is helpful to you.

See The Texas Property Code: SUBCHAPTER C. SECURITY DEPOSITS--Sec. 92.103. OBLIGATION TO REFUND. (a) Except...

Q: Will a protective order to break lease without any financial penalties take precedent over a notice to vacate in Texas

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Texas on
Answered on Feb 23, 2018
Kiele Linroth Pace's answer
A magistrate's emergency protective order is not sufficient to trigger Texas Property Code 92.016. Even with a Two-Year Family Violence Protective Order, you'll still have to pay any outstanding rent except in cases where the lease does not contain the "magic words" described in statue. Also, you will need to give at least 30 days notice unless the person accused of violence is also a resident and you get a Two-Year FV order or a Temporary Injunction in a divorce action.

More...

Q: Landlord refuses to repair or address anything including *High* levels of Toxic mold found growing in his home.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Texas on
Answered on Feb 22, 2018
Gregory Andrews Cade's answer
According to the warranty of liability implied by your lease, the landlord is responsible with ensuring safe living conditions in the rental unit for their tenants, which includes promptly attending to any issue which threatens their health. Therefore, you were not obliged to pay the cost of mold tests and the necessary repairs. If your landlord refuses to properly take care of the mold issue, you have two options, both of which perfectly legal – either withhold rent until they fix the...

Q: Yes I'm in move with a friend named in Orange Texas and I moved in with him and just move my mom down

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Answered on Feb 22, 2018
Grant St Julian III's answer
This sounds more like a landlord/tenant issue. If you believe your landlord wrongfully confiscated your television, contact the local police. Good luck.

Q: Who responsible for crime scene clean when estranged husband kills himself in his rented home? Landlord or wife?

1 Answer | Asked in Landlord - Tenant for Texas on
Answered on Feb 8, 2018
Grant St Julian III's answer
Retain an attorney who practices in the area of landlord/tenant disputes and/or consumer law. This is not a frequent occurrence, so the issue does not arise often. She can also contact the local crime victims association to help with costs.

Q: After family violence in how many days should victim report lease office for lease breakage? 60 days or 90.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Texas on
Answered on Jan 11, 2018
Kiele Linroth Pace's answer
A family violence EPO is not sufficient to break a lease under the Texas Property Code. There are several types of court orders that will work, but not an EPO.

The issue is covered in detail here: http://www.pacefirm.com/faq/break-lease-domestic-violence.html

Q: Prop. manager for the house we are leasing is refusing to work w/ us until a tenant removes BBB review. Is this legal?

1 Answer | Asked in Landlord - Tenant for Texas on
Answered on Jan 6, 2018
Jonathan R. Roth's answer
No it is not legal to refuse to meet his managerial obligations because you filed a complaint or a poor review. I suggest you contact a local attorney who can direct you to who to complain to locally at the government level about the condition of the premises and the actions of the manager. I doubt under Texas law the Manager has any recourse as long as the complaints are true.

Q: We have an apartment that is forging my husbands signature on legal documents. What should i do?

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Answered on Jan 3, 2018
Paul Looney's answer
Get a copy of the documents. Go down to the District Attorney's office in your county. See if that office will accept charges. Forgery is a crime. But, you will need the documents to prove the forgery because the crime being proved requires the actual forged document. You might give your apartment manager a heads up before you go. The manager may want to resolve the matter short of you actually filing charges. Good luck.

Q: What can an exectuor of esate do

1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Answered on Jan 2, 2018
Terry Lynn Garrett's answer
After the court has appointed an executor, the executor can rely on Letters Testamentary to take control of the deceased's property, If it is leased, the executor must follow the terms of the lease. If there is no lease, the usual month-to-month and tenancy-at will provisions apply,

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