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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I have a lease with 2 other people joint and severely. 1 roommate left with little to no notice.

The landlord doesn’t care and me and the other Roomate and I are stuck paying the full amount. In turn we have offered/asked to break the lease in various ways. The only way he will allow us to break the lease is if we put it online like zillow handle the showings and bring him applications. Are... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2024

The landlord has no duty to mitigate as there has been no breach of the lease. When you sign a lease with other people jointly and severally, that means that each tenant is independently responsible to pay the landlord the full amount of rent owed, and the tenants will work out among themselves... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apartment flooded due to water heater. Recieved no compensation for 7 days not being able to live there. Anything to do?

Had to move out for several days and after requesting some type of compensation nothing was ever given.

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

If your renter's insurance failed to compensate you for your alternate living arrangements during those seven days, you should take a copy of your policy to an attorney in or near the county where the premises are located to determine whether such coverage is included in your policy and, if... View More

3 Answers | Asked in Real Estate Law, Tax Law, Collections and Landlord - Tenant for Texas on
Q: Can a judgement be filed against an heir that doesn’t reimburse their share of property taxes to the paying heir?

Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.

James L. Arrasmith
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answered on Apr 11, 2024

In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:

1. Partition lawsuit: The paying heir can file a...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: What can you do when the landlord refuses to respond back to your messages and refuse to call you back?

My landlord sent me a letter last month saying that I am two months behind on the rent and he said if I didn’t pay it then I would have to move. So I have been calling, texting and emailing him for about 3 weeks now and he refuses to answer my call, refuses to respond back to any of my messages.... View More

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

All you can do is to continue trying. Your landlord isn't legally required to respond to your messages. Landlords typically have property managers so that they do not have to deal directly with tenants.

As for eviction, if you fail to pay your rent on time in accordance with your...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my landlord increase my rent without any notice ?

my landlord has decided to increase my rent without notice

James L. Arrasmith
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answered on Apr 1, 2024

In most jurisdictions, landlords are required to provide tenants with proper notice before increasing the rent. The specific notice period and other rules around rent increases vary by location.

Here are some general guidelines, but keep in mind that laws may differ:

1. Notice...
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1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Texas on
Q: I am living in a home owners both died, in court over property rights utilities my name, 90days occupied. Gt CTed legal?

I found all the paperwork the deed the title and the living will of the previous owners that are deceased we have made improvements to the property and they've had no problem out of us all of a sudden we got ct'd even though all the bills are in our name they told us to move out... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, it sounds like you are dealing with a complex legal situation involving property rights and occupancy after the homeowners' deaths. While I can provide some general information, it's important to note that laws can vary by jurisdiction, so... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord require a tenant to pay 10% of repairs to an item due to usage in Texas (a/c & appliances)?
James L. Arrasmith
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answered on Mar 31, 2024

In Texas, landlords are generally responsible for maintaining a safe and habitable rental property, which includes making necessary repairs to essential items like air conditioning and appliances. However, the specific terms of a lease agreement can affect the tenant's responsibilities.... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My landlord keeps adding fees to my register each month. I've asked to see applied pays and now threatening to evict.

My commercial landlord - Boxer Property is threatening to evict because I've requested the register of my payment activity to date. Each month, I over $100 fees are added. I take care of it and but the fees remain. They also charge late fees on late fees. Along with late fees on hold-over... View More

James L. Arrasmith
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answered on Mar 30, 2024

It's important to carefully review your lease agreement and document all the fees that have been charged to you, including the dates and amounts. If fees are being added without clear justification or contrary to the lease terms, gathering this documentation is a critical first step.... View More

2 Answers | Asked in Landlord - Tenant for Texas on
Q: we have a mold issue in our AC unit. we have notified them. it has been 16 days and nothing is being done

nothing is being resolved. they are saying they are waiting on inspection results. my fiancé has been to the er because of breathing issues already and so were moving out. or lease ends in 2.5 months and we are requesting that they end it early. we have already gotten a new place and we are moving... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2024

The answer to your question depends on many facts not stated in your question. First, what your lease agreement says will be extremely important in determining your rights and your landlord's obligations in this particular circumstance. Usually, a lease does not allow a tenant to terminate... View More

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1 Answer | Asked in Tax Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What type of attorney do I need to sue my deceased sons landlord for letting my daughter go in and steal his assets

I'm in texas. My son lived 7 hours away. Landord allowed her to remove assets when I told him his father and I would be in following day. I explained I was next of kin.

James L. Arrasmith
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answered on Mar 26, 2024

In Texas, for a situation involving the mishandling of a deceased person's property, you may want to consult with an attorney experienced in estate law or probate law. These attorneys handle cases related to the distribution of a deceased individual's assets and can help navigate the... View More

2 Answers | Asked in Landlord - Tenant for Texas on
Q: I just got a apartment and have only been here for 7 days and already been served a non rent breach of lease notice to v

I just moved into an apartment and have only been here for 7 days. My neighbor next door has apparently been here for 9 years or so. Mind you, i work from 7pm to 3am so i come home at night. I gave already received 3 violations for noise complaints wich i haven't been loud at all and now i... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

It depends upon the terms of your lease. I imagine it must be really annoying having a Ring doorbell going off at 3 AM every night. It is going to be your word against your neighbor's as to how noisy you are. My guess is if your neighbors have a 9-year history of making petty noise... View More

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2 Answers | Asked in Landlord - Tenant for Texas on
Q: I just got a apartment and have only been here for 7 days and already been served a non rent breach of lease notice to v

I just moved into an apartment and have only been here for 7 days. My neighbor next door has apparently been here for 9 years or so. Mind you, i work from 7pm to 3am so i come home at night. I gave already received 3 violations for noise complaints wich i haven't been loud at all and now i... View More

James L. Arrasmith
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answered on Mar 30, 2024

It sounds like you're in a difficult and frustrating situation, being accused of breaches you don't believe you've committed. Given the circumstances, it's important to carefully review your lease agreement to understand the specific terms regarding noise and guest policies.... View More

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2 Answers | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More

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2 Answers | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations like the one you've described, it's understandable to feel confused and seek clarity about your rights. If someone makes uninvited physical contact with you in a manner that is harmful or offensive, it could potentially be considered assault under the law. The specific... View More

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2 Answers | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Can the office at my apartment complex demand that i sign some paperwork regarding my portion of rent (housing).

Apparently there were changes done in January. We are now March. He won't let me read the forms "changes" or none of the paperwork. He wants me to sign it and not date it. I told them i would not sign them without reading first but he won't give me a copy either. He said he... View More

James L. Arrasmith
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answered on Mar 14, 2024

If your apartment complex office is demanding that you sign paperwork without allowing you to read it first, this is a concerning situation. You have the right to fully understand any documents you are asked to sign, especially when they relate to your housing and financial obligations. Here's... View More

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2 Answers | Asked in Landlord - Tenant for Texas on
Q: I received two notices to vacate. Does the law consider the first or second to be the active, effective one?

The first notice met all legal requirements and gave me 3 weeks to move out. The second was mailed to me by a legal aid attorney a month after the move out date in the first one. It fails to meet several legal requirements of a notice to quit. Can I use that in court to have the case dismissed? Is... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

The law does not preclude a landlord from giving multiple notices to vacate. For purposes of determining whether the landlord complied with the legal prerequisites for a notice, any legally correct notice is sufficient, but the landlord will be held to the contents of that notice. So, for... View More

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2 Answers | Asked in Landlord - Tenant for Texas on
Q: I received two notices to vacate. Does the law consider the first or second to be the active, effective one?

The first notice met all legal requirements and gave me 3 weeks to move out. The second was mailed to me by a legal aid attorney a month after the move out date in the first one. It fails to meet several legal requirements of a notice to quit. Can I use that in court to have the case dismissed? Is... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations involving notices to vacate, the legality and enforceability of such notices typically depend on the specifics of local tenant and eviction laws, which can vary greatly. If the first notice met all legal requirements and was properly served, it generally remains effective and... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

James L. Arrasmith
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answered on Mar 30, 2024

The UTMA, or Uniform Transfers to Minors Act, facilitates the transfer of assets, including real estate, to minors without the need for a formal trust. Generally, this law allows minors to receive gifts or transfers of property through a custodian until they reach the age of majority, which varies... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Would it be ideal to pay an attorneys fee for a demand letter that we are needing to send to a past landlord?

Our previous landlord is part of an investment company. They invest in properties. We had made a negotiation to end our lease early due to the home not being livable per say. Incidents kept happening with he home and the landlord agreed to let us out early. Come a few months later, we are sent a... View More

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

You likely do not need an attorney in this situation. You likely can write your own letter directed to whomever sent you the bill stating that you do not owe the bill because the landlord agreed to cancel the lease early without penalty. You should include a copy of the bill you received so they... View More

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