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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Civil Litigation, Business Law and Real Estate Law for Texas on
Q: Seeking legal guidance on property management negligence causing $20,000 loss.

I own a rental property in Texas, and my property management company was negligent in screening tenants and maintaining the property. The tenant who signed the lease allowed multiple families to live in the house. Despite repeated complaints and monthly HOA violations, the management company failed... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Consumer Law, Personal Injury and Real Estate Law for Texas on
Q: Seeking attorney for breach of lease and deceptive trade in TX

I'm looking to find an attorney who works on a contingency basis to help with a breach of contract and deceptive trade practices case concerning a leased premises. For about a year, I've been living with mold and bad water. Despite my written complaints over the past 11 months, the... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

In the absence of significant damages, it will likely not be possible for you to locate an attorney willing to work on such a case on a contingency fee basis. You would need to show some sort of "value" to the leased premises. If it is a commercial property in a prime location with a... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: Is it legal for TX landlords to make tenants responsible for "normal wear and tear" repairs?

I'm getting ready to move out and have concerns about certain provisions in my lease. My landlord added a clause stating that tenants are responsible for repainting and refilling nail holes, which I understand to fall under "normal wear and tear." Is this legal in Texas? They also... View More

John Michael Frick
John Michael Frick
answered on Apr 7, 2025

I think you are correct that the lease by agreement between the parties has shifted what would normally be the landlord's responsibility for cleaning and "normal wear and tear" to you as the tenant.

There is no legal prohibition on the parties agreeing to do this.

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Being sued for not paying rent after unauthorized access and damage to my room.

I lived in a property for six months under a one-year lease agreement. After I requested to be removed from the lease agreement, the property management refused, stating it was a court matter outside their jurisdiction. In the meantime, I discovered that both tenants took over my room without my... View More

John Michael Frick
John Michael Frick
answered on Apr 7, 2025

The answer to your question depends on whether the "two tenants" are people you were sharing the premises with you under the lease (cotenants) or new people who rented the premises after you stopped living there.

When you sign a lease for one year, you commit yourself to paying...
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1 Answer | Asked in Divorce, Landlord - Tenant, Animal / Dog Law, Family Law and Real Estate Law for Texas on
Q: Can I stay in the house if my husband moved out and can he turn off utilities before divorce in Texas?

I've been married for 16 years, and my husband moved out of our Texas home to a motel, leaving me and our dog. The mortgage and utilities are in his name only. I haven't been able to contact him, and I believe he might have a girlfriend. We haven't filed for divorce yet. Am I allowed... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2025

Yes, you can stay in your marital residence even though he has moved out.

Yes, he can legally turn of utilities that are in his name before a divorce is filed.

Because you are also an owner of the home, you can turn the utilities back on in your name.

If you file for...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: Can I withhold rent if water heater issues go unresolved for months?

I am near the end of a 1-year lease on a home, and the water heater has been broken for 4 months. I have made multiple repair requests since November, including emails and phone calls. Initially, a technician was sent, but he wasn't qualified to fix a gas water heater. A contractor later... View More

John Michael Frick
John Michael Frick
answered on Mar 26, 2025

Unless your lease expressly authorized you to withhold rent for this reason, you should not withhold rent.

Chapter 92 of the Texas Property Code does provide you as a tenant with a different remedy called "repair and deduct." See Section 92.0561. You must comply with all the...
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1 Answer | Asked in Consumer Law, Contracts, Insurance Bad Faith and Landlord - Tenant for Texas on
Q: Car lender claimed insurance was included; got ticket for no insurance, no proof provided. What are my rights?

I purchased a car in 2022, and the lender stated that insurance was included in the car note, but they have not provided proof despite multiple requests. I received a ticket for not having insurance, and the lender refuses to provide documentation. I had a written agreement and several... View More

John Michael Frick
John Michael Frick
answered on Mar 26, 2025

There are different types of insurance. The law requires the driver of a motor vehicle to carry proof of liability insurance and provide it upon request to a police officer. This is what you can get a ticket for. It would be very unusual for a lender to provide this type of insurance.... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Texas on
Q: Addressing issues with neighbor's aggressive dog and ESA policy.

I rent an apartment and share a fence in my yard with a neighbor whose large pit bull-type dog constantly barks and growls at my small dog. The dog has even jumped on the fence, showing aggression, though it hasn’t jumped over. My neighbor speaks no English, and communication hasn't resolved... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2025

It sounds like you have done what you can do under the circumstances. You might consider erecting some type of screen along the fence you share with your neighbors or putting an outdoor kennel in your backyard to protect your own small dog in the event that your neighbor's dog breaks through... View More

2 Answers | Asked in Civil Rights, Consumer Law, Internet Law and Landlord - Tenant for Texas on
Q: Targeted by cyberbullying and harassment for three years: seeking legal actions in Texas.

I have been targeted for cyberbullying and organized harassment over the past three years. Specific individuals and groups have been identified, and I reported this to the Houston Police Department, IC3, and my previous apartment manager. The police issued a case number but said my case isn't... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

You theoretically can sue those responsible if the cyberbullying, harassment, and stalking satisfy the elements of a cognizable legal theory of recovery.

These tend to be very difficult cases to prove. In addition to proving the bad acts and exactly who committed them, you should...
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1 Answer | Asked in Personal Injury, Landlord - Tenant and Civil Litigation for Texas on
Q: How can I sue my apartment complex for security failures leading to an assault?

I want to sue my former apartment complex after a violent incident. My ex-boyfriend, who was convicted and sentenced to 40 years in prison for aggravated assault with a deadly weapon causing serious bodily injury, attacked me in my apartment. I sustained severe injuries, including a broken jaw,... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 19, 2025

If your apartment complex failed to provide adequate security and had a disabled call box that prevented a timely police response, they will be liable for your injuries. The apartment complex has a duty to provide working gates and call boxes if those were safety features originally in place when... View More

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Texas on
Q: Can I challenge my stepfather's eviction and claim my inheritance in Texas?

My stepfather is trying to evict me since my mom's passing on March 10, 2025. There was no will in place. I have been paying the HOA fees, repairs, and upgrades for the past 9 years. The house was jointly owned by my mother and stepfather. My relationship with my sister and niece is great, and... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 18, 2025

There is a lot going on with your question. The basics are that if your mom and step-father have been living in the house together for over a year, and he has no other house to live in, you can not kick him out. He can stay there for the rest of his life, if he wanted.

If you have been...
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1 Answer | Asked in Civil Litigation, Libel & Slander, Landlord - Tenant and Personal Injury for Texas on
Q: Can I sue ex-roommate in TX for taking belongings and damaging reputation?

I filed a police report because my ex-roommate took my collectable coins without my permission, adversely affecting my financial stability, emotional health, and overall life. She refuses to allow me back on the property to retrieve my belongings, claims all my properties as hers, and has tarnished... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2025

You can sue her for the fair market value of the collectible coins she took.

You may or may not be able to sue her for injury to your reputation depending upon what was said, to whom, whether they believed it, and took some sort of action against you because of what was said. For example,...
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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Criminal Law for Texas on
Q: Roommates took my belongings as rent - is this legal in Texas?

I moved in with three friends as roommates, and we all contributed equally to the down payment and first month's rent. However, due to my record, they asked me not to be on the lease to avoid issues in obtaining the house. After four months, my roommates decided to change the rent due date and... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2025

No it is not legal and may constitute theft although I doubt police will be much help or that criminal charges will be filed.

You can probably sue your roommates for the fair market value of the items they took. If you did not ultimately pay your share of the rent owed on the date you...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Texas on
Q: Ex left garden tools at my house, hasn't picked up after multiple requests. Are they considered abandoned, and can police be involved?

I have some garden tools that belong to my ex, which he left at my house last summer. He initially requested them in October but then canceled. He asked for them again at the end of February, knowing I would be out of town, and still hasn't taken them. We've communicated only through a... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

Police will usually not get involved, saying this is a civil matter.

If you were also your ex-'s landlord, you might receive the advantage of the language in any written lease agreement between you. Normally, under the Texas Property Code, a tenant's personal property is...
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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Texas on
Q: Ways to exit a problematic rent-to-own lease for a trailer home in poor condition.

My son signed a rent-to-own lease for a trailer home that's in poor condition. The stairs are falling apart, the tub doesn't drain properly, and the gas stove can't be used because the trailer only has electricity. The lease is for 70 months. I'm visiting this Friday to review... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

First and foremost, review the rent-to-own lease itself. It should indicate who is responsible for maintenance and repairs and whether the tenant must first obtain written approval from the landlord. It should also indicate any cancellation procedure including any required notices.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my landlord withhold deposit without explanation in TX?

I moved out of my rental property on January 31, 2025. My landlord promised to return my $200 security deposit within 30 days. I didn't receive it, so I texted my landlord on March 5, 2025. He said he'd just sent it, and I received it on March 9, 2025, with $200 withheld and no itemized... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

No. You are entitled to an explanation of the deductions. If your landlord is not forthcoming with an explanation at your request, you can file a lawsuit in the justice of the peace court located in the county and precinct where the leased premises are located. You may be entitled to receive the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I break my lease due to ongoing roach infestation in Texas?

I have been dealing with a roach infestation in my apartment for over a year. Despite repeated discussions and a formal letter to the landlord, no action has been taken to resolve the issue. The problem has now escalated to the point where roaches are in my refrigerator, affecting my ability to... View More

Raymond Chow
Raymond Chow
answered on Feb 27, 2025

Before taking any action please consult with an actual landlord/tenant attorney. Apply for Legal Aid if you cannot afford legal help.

See Texas Property Code Sec. 92.056.

1. Notice to the Landlord

You need to make sure your landlord has received your notice of the issue in...
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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Personal Injury for Texas on
Q: Can I sue my apartment complex for not addressing truck theft and break-ins?

I live in an apartment complex where my truck was broken into twice and eventually stolen. Despite having reported the incidents to the apartment management, they did not take any action or provide assistance; they simply expressed regret. The complex has security, but they haven't been... View More

Raymond Chow
Raymond Chow
answered on Feb 25, 2025

Under Texas law, landlords must maintain reasonably safe premises, but their obligation to prevent vehicle theft is limited. Texas Property Code §92.153 mandates security measures for residential units but does not require specific protections for parking areas. However, under premises liability... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Texas on
Q: I have small claim for Recovery Personal PROPERTY take illegally and in very bad faith by the apartment complex

I have small claim for Recovery Personal PROPERTY take illegally and in very bad faith by the apartment complex where I live. The mediation already took place on February 10, 2025 without reaching an agreement. The defendant only has an unsupported argument and I have evidence of harassment to... View More

John Michael Frick
John Michael Frick
answered on Feb 13, 2025

Because this is a small claim, your best recourse is to pursue recovery in one of our JP courts. JP courts have jurisdiction over very small cases where the amount is $20,000 or less. The advantage of JP courts is that you do not need a lawyer and can state your claim in common everyday language.... View More

1 Answer | Asked in Appeals / Appellate Law, Landlord - Tenant, Foreclosure and Real Estate Law for Texas on
Q: To what is the best way to get a continuance for a eviction appeal in the state of Texas?

My girlfriend had her house sold due to a wrongful foreclosure and we don't have money for legal help so we're trying to do this on our own

John Michael Frick
John Michael Frick
answered on Jan 27, 2025

Prepare and file a verified motion for continuance setting forth the reason why you need a continuance. There are specific rules dealing the absence of a witness which require certain information. Be as specific and detailed as possible. For example, when I moved for continuances due to... View More

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