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.
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.
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.
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).
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...
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.
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...
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.
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...
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.
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.
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.
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,
Roy Lee Warren's answer This is not really a wc question but I will point you in the right direction to get your question answered. I will post the website for you below regarding the Texas Payday laws. Good luck to you.
Terry Lynn Garrett's answer This is a landlord-tenant question, not an estate planning question. If there is a written lease, that governs. If there is not, it is a month-to-month lease at will. Give notice. File an eviction notice with the local JP court. If people are disturbing the peace, call the police. And repost under landlord-tenant for expert advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.