The HOA has been called and it's turned into a big project of taking the whole living room wall needs to be redone for both water damage and termites and it has spread to the bathroom and the closet. They refused to put us in a hotel making us out to be bad for calling the HOA when the leak... Read more »
answered on Jun 7, 2023
It's odd that an HOA is involved with repairs to an apartment. Typically, the management company managing the apartment complex would be responsible for repairs to leaky plumbing and a tenant would contact his/her renter's insurance company to handle any claim associated with water... Read more »
Suggested we be released from our lease. We don't want this and cannot afford to move again.i had to have emergency surgery and our life savings had to pay for it. Are they allowed to just kick us out? Why doesn't she want to have a professional confirm or deny the situation?
answered on May 23, 2023
Under the Texas Property Code, a landlord is generally responsible for maintaining the rental property in a habitable condition and making necessary repairs to keep it in a safe and functional state. This typically includes ensuring that essential systems, like HVAC systems, are in proper working... Read more »
I didn’t receive a refund check for my deposit until after the maximum 30 days (according to Texas Law). The letter was not postmarked, nor did it have any tracking information, therefore the date of receipt is the moment I physically received it, which was on December 21, 2022. This was two days... Read more »
answered on May 19, 2023
Section 92.109 provides that a landlord who fails to return a security deposit on or before the 30th day is "presumed" to have acted in bad faith. The presumption is rebuttable.
In any statute that does not specify another method of delivery, the "mailbox rule"... Read more »
About a year ago, I lived in a apartment complex with my sister. We did allow a friend to stay a few days to get back on her feet and get her own place to stay. The friend ends up moving across from us causing issues. We have reported her multiple times, she harassed us everyday until an... Read more »
answered on May 5, 2023
Your question doesn’t seem to address any specific safety issues that proximately caused any injuries to you. So what exactly would you be suing for? There’s no mention of any bodily injury or property damage of any kind.
As for paying rent, if you were able to definitively show that... Read more »
When I filed the pauperis I was told by the clerk that I had to pay more than I was paying for rent. I was geting rent assistance from family endeavors and va. This happened after I notified the city of Dallas of black mold contamination.
answered on Apr 20, 2023
If no one objects, you should be able to file papers with the court without paying upfront the required filing fee.
If someone timely objects, the court will set a hearing at which you will have the burden of proving your indigent and inability to pay court costs.
Typically, in... Read more »
answered on Apr 13, 2023
No, as long as you meet with following requirements:
Your licensed healthcare professional must determine that you have a need for more than one emotional support animal to alleviate symptoms of your mental illness.
Your ESA letter must specifically reference each support animal.... Read more »
I’ve been living in this apartment for 5 years the quality has decreased tremendously but they constantly increase the price of everything.
answered on Apr 13, 2023
Yes, the new lease would need to state that the landlord is now charging an amenity fee in order for it to be binding on the tenant, and the tenant would have to agree to it. Otherwise there is no meeting of the minds.
If the tenant does not want to accept the new fee, the landlord will... Read more »
My lease has base rent pay and prorated rent pay. I signed for prorated rent of $1532 and the base pay is $1900. No we’re on the lease does it say if you were late it goes to your base pay. with the prorated rent I have to pay the difference when I move out anyways as well. The manager at the... Read more »
answered on Apr 12, 2023
Monthly rent is typically only prorated when a tenant occupies the premises for only part of a month, almost always the first or last month of the lease.
So, for example, if you moved in on the 6th of a month, and your monthly rent is $1,900, the rent for the first month might be prorated... Read more »
Our tenant had rent due on March 16th and did not pay. He then told us he would pay on the 24th. On the night of March the 24th he texted and said he would be moving out by the 26th at 5pm and we could meet him for the keys, but when we got there he was still moving things out. He then asked for a... Read more »
answered on Mar 31, 2023
It depends on the language of your lease agreement with the tenant. Most leases contain a provision similar to the following:
" If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property... Read more »
Was a $500 deposit for my pet. Now they claim I have a violation and the $500 was a security deposit based on credit. I have excellent credit. Over 700. That doesn't make sense. Please advise
answered on Mar 23, 2023
Typically, a pet deposit is memorialized in either the lease or a separate Pet Addendum to the lease. In any event, you should have some documentation from the person to whom you gave the $500 that it is for a pet deposit. Worst case scenario, your check or other payment of the $500 should... Read more »
code inspection for the city came to my place of residence were I am renting and found violation to be repair cause of unsafe living condition. So the officer told my landlord to fix all repairs on the 4 units .so the inspector came didn't even step in to the property just look in and said I... Read more »
answered on Mar 22, 2023
Suing the code compliance officer will be expensive with a low probability of success.
Your better option is to sue your landlord if it is responsible for the needed repairs under the terms of your lease agreement.
You might also consider following the procedure set forth in the... Read more »
We was sent eviction papers soon as lease expired we was not late on rent after they filed eviction. Failure to pay lot rent we are buying the home.renting lot sits on in yes communities worlds largest manufacturer community parks for lower income families chance to for them to take advantage... Read more »
answered on Mar 11, 2023
It sounds like you may have a case for fraudulent eviction and other legal issues against Yes Communities and possibly 21st Mortgage. In order to file a class action lawsuit, you will need to find other tenants who have experienced similar issues and are willing to join the lawsuit. It's... Read more »
So I get a bill of over $300 for the guy to come down and just unclog the toilet I never authorized them nor did I asked him to call Black plumbing the management called black plumbing am I responsible for the bill I'm on disability
answered on Mar 10, 2023
The answer to your question depends on what your agreement is with your landlord as embodied in your lease.
It likely also turns on what caused the clog. If the clog resulted from stuff flushed down the toilet in your apartment by you or your guests, it is probable that you are responsible.
Unsolicited repairs and improvements?
answered on Mar 10, 2023
Absent language in your lease to the contrary, a landlord cannot terminate your lease early for repairs unless the repairs needed are to address a dangerous, hazardous or safety issue. Typically, a landlord should make other arrangements for your housing while repairs are made. You should then be... Read more »
What is owed if you file a small claim and lose?
answered on Mar 3, 2023
It depends on the nature of the claim. In some cases, the defendant may recover its attorney fees. In others, the defendant may assert a counterclaim for its own damages.
But typically, each party’s claims and damages stand and fall on their own merits. If your damages are $20,000 and... Read more »
It is said in the tenants rights that if the issue isn’t fixed in 7 days that you are allowed to break your lease. Which means that I do not have to pay a broken lease fee plus termination. Correct?
answered on Mar 2, 2023
You would need to carefully review the terms of your lease to determine if an early termination fee applies in this circumstance.
If you can’t understand your lease, schedule a consultation with a lawyer who practices residential landlord-tenant law in or near the county where the... Read more »
The lease has a 60 days termination notice. Does that have to be paid to break the lease due to a landlord issue? What should I do?
answered on Feb 27, 2023
If you have a written lease, then you need to read it---there should be a section which discusses under what conditions the tenant (and/or the landlord) has the right to obtain early termination without penalty. If the section is difficult to understand then you may want to contact a lawyer for a... Read more »
We have been harassed, attacked, threatened, filed false police reports on us, kept disconnecting our power and cut off our air conditioning in the middle of summer with my new born premature son in the apartment. They threatened to harm him and the list goes on. We had to get an emergency... Read more »
answered on Feb 27, 2023
You should contact a competent attorney with experience in residential landlord-tenant law in or near the county where the premises are located.
Most provide an initial consultation for a reasonable price. Such an attorney should be able to tell you if you have a valid claim and can tell... Read more »
Under my name without my consent while a credit freeze was placed in credit reports?
answered on Feb 23, 2023
Absolutely . But it may not be necessary.
Send the leasing company a letter demanding that it acknowledge that it allowed some to open a lease in your name without your consent and cc the landlord on that lease. Detail the evidence you have that the leasing company knew it wasn’t you... Read more »
answered on Feb 17, 2023
It depends on the language of your lease agreement with your landlord.
Although MTM fees aren’t common in Texas, this would be a typical situation where such a fee would apply since you are holding over beyond the end of your lease term.
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