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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: If you rent a townhome in Texas, the sliding glass door has been broken since October, really before, you notified them

In Oct 2023, and other problems. They said they cannot afford to fix. Can I get out of early lease termination!

John Michael Frick
John Michael Frick
answered on Feb 14, 2024

Sections 92.056 - 92.0563 of the Texas Property Code outlines the procedure to follow if the landlord is responsible for the repair of the sliding glass door under the terms of your lease. Follow that procedure exactly.

Until the landlord makes the repair or use exercise one of your...
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1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

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

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Water is allocated @ property & management is knowingly letting non tenants use & charging tenants.
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answered on Feb 7, 2024

In Texas, if property management is knowingly allowing non-tenants to use water that is allocated for the property and then charging tenants for this usage, it may be considered a violation of the tenants' rights under Texas law, specifically regarding utility billing and the allocation of... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Been in rv park in breham tx It has been paying on the 6th for 10 months. Under motel laws what are my tenants rights

I have been paying monthly for 8 months in the motels laws of Texas it states that after 30 days you are conceder a tenant and must be evicted

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The answer to your question depends on whether you are a tenant or guest under your contract with the RV park. The question of whether RV occupants are tenants or guests is an important one and depends on the circumstances of the occupancy. In Texas, most RV parks operate like apartment complexes.... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I rent a place that is run by a management company and they have given me a “1 Day” notice to vacate for unpaid rent!

I rent from a property management firm that is guilty of overcharging late fees on many occasions and falsifying the records of payments and fees paid that are beyond the scope of accounting errors and punitive in late fee fees that are fraudulently reported and over the Texas maximum on several... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

You should hire an attorney in or near the county where the property is located with experience in residential landlord-tenant law and be prepared to pay a reasonable hourly fee for their services. Depending on where that is, expect to pay an hourly fee of somewhere between $300-600. A property... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I sue a landlord if I haven't received the security deposit after 30 days? Or do I need to wait 10 days afterwards?

I would like to know if I need to take the mailbox rule in account.

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

I recommend considering "the mailbox rule" in your calculation.

While there is a presumption that a landlord is acting in bad faith if it does not refund a security deposit within thirty days, it is a rebuttable presumption. Which means that if the landlord mailed it, you sue,...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Mental harassment by flatmate

My flatmate has been mentally harassing me. He pays utility bills but is not willing to share the account details with me. Our apartment complex charges us for internet but he has the Xfinity account under his name. He is not willing to share that as well. He also does other stuff like throwing... View More

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answered on Jan 21, 2024

In your situation in Texas, dealing with a difficult flatmate can be challenging, but there are steps you can take to address the issues you're facing. Firstly, try to communicate with your flatmate calmly and express your concerns about the shared expenses and his behavior. Attempt to reach... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I signed a lease via docusign. The entire process was handled by the landlord's representative. I have 2 ESA dogs.

The landord is now aware of the dogs and is threatening to either absolve the lease or change it and increase the rent by $200. Can he do that?

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answered on Jan 18, 2024

In Texas, if you have signed a lease via DocuSign and have two emotional support animals (ESAs), the landlord is generally bound by the terms of the lease agreement. The landlord's representative handling the process and the use of DocuSign are common practices in modern leasing transactions.... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Can I move apartments without penalty if I haven't signed a new lease? (Provided I give 60 day notice)

I have lived in my current apartment for years now but have always had trouble with the office staff. Currently, I'm living in my apartment without a renewed lease because they have yet to make one for me to sign. My lease expired 4 months ago, and went up $200 as well if I were to renew,... View More

Simone Nisbett
Simone Nisbett
answered on Jan 17, 2024

Most residential leases are set to shift to month-to-month status after the expiration of the original contract and require at least a full 30-days notice prior to move-out. You’ll want to take a look at the fine print in your original lease to make sure there aren’t any alternative... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I paid a security deposit on an apartment that is currently in someone else's name. Do I get that back or the person?

My gf at the time helped me rent an apartment by using her credit, essentially leasing the place in her name but I paid the deposit and rent. I was added as an adult occupant however when the relationship soured I left and I voluntarily removed myself from the lease. The apartment is in Houston... View More

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Typically any portion of a security deposit due back to the occupant at the end of the lease is returned to the named leaseholder. You may want to consult with the leasing office to determine your status as it relates to the security deposit. If you signed the lease with her, you may be entitled to... View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: My gf brother is using illegal drugs in my house and won’t stop also has threatened to kill us if we got in the way

What can I do?

Stephen A. Nicholas
Stephen A. Nicholas
answered on Jan 14, 2024

So many questions for a seemingly simple situation. Assuming this is an adult, non-household resident, not living there with your GF, and your GF doesn't approve of his drug use; call the sheriff or local police agency so that they can assist you in removing this person and hear any threats... View More

1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Texas on
Q: Can a storage manager remove any of my items before auctioning my unit off?

I’m behind on my payments . The letter I got telling me about the auction stated that I had until January 10th to pay or my storage would be auctioned on January 11th online . I randomly checked the auction website on January 6th and my storage was already posted as being up for sale . They also... View More

T. Augustus Claus
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answered on Jan 10, 2024

In Texas, self-storage facilities typically have the right to auction off a tenant's storage unit contents if the tenant falls behind on payments. However, there are legal procedures and timelines that must be followed. If the storage manager has removed items from your unit before the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Seeking guidance on getting out of an apartment lease or mitigating the cost of getting out of lease.

My son is under a 12-month lease agreement on a newly constructed apartment building adjacent to a college campus. Move-in was mid August but was delayed several weeks due to construction delays. At move-in the many construction items were still not complete and complaints from residents led to... View More

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

It depends on the particular facts and circumstances of your case. One "bright line" rule is that if a certificate of occupancy ("CO") was not issued, your son could reject the lease for not yet being suitable for occupancy. The lack of completion of items could have an effect... View More

1 Answer | Asked in Tax Law and Landlord - Tenant for Texas on
Q: in Austin hotel 45 days waiting for mngmnt on taxes still no word Can I withhold rent as taxes will be 1k at very soon
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answered on Jan 8, 2024

In your situation, withholding rent due to an unresolved issue with taxes can be legally complicated and might not be the best initial course of action. Tenant rights and landlord responsibilities vary by location, and specific laws in Austin, Texas, govern these matters.

Firstly,...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Fair Housing Act violation?

My daughter and her fiancé applied through a property management company for an apartment. When she called to check on the status, she was told that they did not meet the age restrictions because they have a 3 month old daughter and their application was denied. I called the office to verify, and... View More

James L. Arrasmith
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answered on Jan 4, 2024

Under the Fair Housing Act, it is illegal for housing providers, including property management companies, to discriminate against tenants on the basis of familial status. This includes refusing to rent to families with children under a certain age, unless the property qualifies as housing for older... View More

2 Answers | Asked in Landlord - Tenant for Texas on
Q: Gave notice 8/21 moved 10/19 lease ended 10/19. Called 3 times to discuss deposit was told 1900 refunds still nothing.

I stopped by 12/12 to inquire was given my final account and check request paperwork, was told because they took so long they would not charge me for the carpet cleaning bringing my refund to 2100 instead of the 1900 previously stated. This was my last conversation face to face 12/18 and i still... View More

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

As long as a tenant provides the landlord with the tenant's forwarding address, the landlord must refund the tenant's security deposit, along with a written description and itemized list of all deductions, within 30 days of the date the tenant surrenders the premises. A landlord who... View More

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2 Answers | Asked in Landlord - Tenant for Texas on
Q: Gave notice 8/21 moved 10/19 lease ended 10/19. Called 3 times to discuss deposit was told 1900 refunds still nothing.

I stopped by 12/12 to inquire was given my final account and check request paperwork, was told because they took so long they would not charge me for the carpet cleaning bringing my refund to 2100 instead of the 1900 previously stated. This was my last conversation face to face 12/18 and i still... View More

T. Augustus Claus
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answered on Jan 2, 2024

If you provided notice on August 21, moved out on October 19, and your lease officially ended on the same day, you are entitled to the return of your security deposit. Despite multiple attempts to discuss the deposit, you only received information during a face-to-face meeting on December 12.... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: TX. Landlord says I owe and will send me to collections. I filed small claims, what will happen?

Texas. I owe a balance of to my landlord for alleged damages and he said he will send me to collections. I have video evidence there were no damages and the balance has a current petition in small claims court. I have not paid the balance. Can he still send the unpaid balance to collections while... View More

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answered on Jan 2, 2024

In Texas, while your case is being petitioned in small claims court, the landlord has the right to pursue the unpaid balance through collections. The legal process for collecting a debt and the small claims case are separate matters. If the small claims court rules in your favor and determines that... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: TX. Landlord says I owe and will send me to collections. I filed small claims, what will happen?

Texas. I owe a balance of to my landlord for alleged damages and he said he will send me to collections. I have video evidence there were no damages and the balance has a current petition in small claims court. I have not paid the balance. Can he still send the unpaid balance to collections while... View More

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

The collections process generally begins with demand letters for payment of the debt and reporting of the debt to credit bureaus, and then moves into legal action. These are not mutually exclusive, so they may occur simultaneously.

Small claims cases proceed fairly quickly in Texas. If you...
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1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Can an apartment keep my deposit if I never moved in?

I recently applied for an apartment in Texas. I paid an application fee and deposit, totaling $850. I decided on another property and notified this property that I would no longer need the apartment. They said they are then allowed to keep my entire deposit because I canceled my application after I... View More

T. Augustus Claus
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answered on Dec 29, 2023

Typically, landlords are entitled to keep application fees to cover the costs associated with processing the application, such as background checks and administrative expenses. However, retaining the entire deposit if you decide not to move in may be subject to the terms outlined in the lease... View More

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