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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: Someone I know is stating he lives with me but doesn't. I have stuff here because he went to rehab. What do I do?

My friend went to rehab and got kicked out. We were allowing him to stay until his grandfather's funeral. We found out he stole some of my step-father's pain medication. When he was asked to leave he got violently upset, stated he lived here because he has stuff here. He's stating I... Read more »

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

Under those circumstances, you should formally evict him. Since there was no agreement as to rent, you need to give him 30 days advance written notice of the termination of any tenancy rights he may have. If he doesn’t leave by then, you will need to file an eviction case in your local justice... Read more »

1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Q: Parent recently died, and parent's apartment needs to be vacated. Leasing office is not responding.

Deceased parent did not leave a will. Leasing office allowed non-residents to change the locks and remove items from the apartment while ignoring the parent's adult child.

Russell Aldrich
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Russell Aldrich
answered on Jan 26, 2023

First off,I'm terribly sorry for your loss.

I'd need more information to be able to answer your question more fully; however, as a general rule no one is entitled to possession of a decedent's personal property until an executor or an administrator is appointed for his or...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Is my son obligated to lease he signed which requires a co-signer even if co-signer has not signed
John Michael Frick
John Michael Frick
answered on Jan 24, 2023

Yes. And if his lease agreement requires him to have a co-signer, he may already be in breach of his lease agreement.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Texas on
Q: My neighbors dogs came into my yard killed my male dog 2 years ago the owner wouldnt even pay me for the vet bill.

3 days ago the neighbor dogs 4 came in my house thru the dog door and killed my female dog what can i do

John Michael Frick
John Michael Frick
answered on Jan 24, 2023

You can sue your neighbor for the fair market value of your dead dog.

A jury or judge will have to determine you and your neighbor’s proportionate share of responsibility most like based on each of your negligence.

If your neighbor is found to be more than 50% responsible, you...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is there any way to delay an eviction after failing to make a registry payment for an eviction appeal?

Hello,

I am currently going through an eviction. The hearing took place on the 10th of January. I filed an appeal but was unable to pay the registry which was by the 17th of January. I was always in contact with the apt management and they have given me until today to make the rent.... Read more »

John Michael Frick
John Michael Frick
answered on Jan 23, 2023

Probably your best strategy at this point is to negotiate an extension of your move out date with your landlord. This may be in the form of a forbearance agreement whereby you pay the landlord a lump sum in cash to postpone your move out date.

How much to pay will depend on the...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I was in the hospital on January 3, 2023. I left hospital and came home to pay my rent. The landlord knows I was coming.

I went to get the money order. I sent my boyfriend in there to pay. As I'm laying down. My boyfriend ask me what is that on my wall by the front door. The landlord put a 3day vacate inside my home. I wasn't late. I always pay rent on the Third every month. Never had a problem. I told her... Read more »

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

I think both you and your landlord do not understand your respective rights.

Since the exact language of your 2019 lease is very important in addressing the issues raised in your question, I advise you to take your 2019 lease to a lawyer who practices residential landlord-tenant law for a...
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1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Municipal Law for Texas on
Q: Dilemma: in a rental home that had main sewer clogs and landlord/owner aware for months. Now it's backing up

Into multiple different homes. This is also in a MUD district. Tenant law says 3 days to fix. Who's responsible?

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

“Into multiple different homes” sounds like this is a municipal utility problem and not a landlord problem.

The landlord would ordinarily be responsible for the section of plumbing from the dwelling to the main sewer line.

This sounds more like a blockage in a sewer main...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it legal for a lease to give a landlord permission to break into an apartment?

The lease gives the property managers permission to enter the apartment when the tenant is not present, without notice, or permission. It also allows the property managers to break any windows/doors to enter. Is this legal?

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

Yes. Ordinarily, breaking in isn’t necessary because property management has a key for routine maintenance, inspection, pest control, etc. But every once in a while, you get a tenant who changes the lock.

1 Answer | Asked in Collections, Consumer Law and Landlord - Tenant for Texas on
Q: Landlord sold illegal and invalid debt to collection agency. Best way to clear credit? I currently live out of state.

I moved out of an apartment in El Paso on 30 June 2021. I had a move-out inspection with an employee of the apartment complex and wasn't notified of any issues.

On 8 February 2022, I was emailed an itemized list of damages for the El Paso property. I disagree with all of these damages... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim. I need to learn more.

1 Answer | Asked in Family Law and Landlord - Tenant for Texas on
Q: Girlfriend lives with me for 7+ yrs. I have asked her to move out, she said No.

Been together for 7+ years. Says we are common law married and she will get everything in the divorce. She doesn't work, Just started Getting SS (unknown $), Medicare/Medicaid about a year ago. She doesn't work never has work long so I ASSUME her SS is around $700. Prior to that I paid... Read more »

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

How long you lived together is irrelevant. In order to form a common law marriage, you must have an agreement to be married, must have held yourself out to others as spouses, and lived together as husband and wife in Texas (how long is irrelevant).

Couples can record a declaration of...
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1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Landlord - Tenant for Texas on
Q: Hotel I was staying at had a huge fire and all the residents were displaced, can't get my belongings. What are my rights

Hotel did not reach out to know where I spent the night or if I was ok, nothing. No communication from the hotel at all since the fire.

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

Usually, in the event of a fire like this, you would submit a claim under your own renter’s insurance policy to your insurance company. Most such policies provide for both temporary living arrangements as well as replacing your personal property.

Your landlord (the hotel) would deal...
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1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Landlord - Tenant for Texas on
Q: Seller enters into verbal contract with buyer for two distressed houses. Years later Seller says you were renting!

The home seller in this case specializes in buying extremely distressed properties, hiring cheap labor to fix them up, then offers them to people with poor credit at high interest. One of the contractors who worked on a lot of the houses entered into verbal agreement to buy two houses on two... Read more »

John Michael Frick
John Michael Frick
answered on Jan 1, 2023

Contracts for the purchase of real property are required to be in writing. There is no such thing as a verbal contract to buy a house.

You can verbally rent a house on a month-to-month lease.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: How to get Rental debt off credit?

Hello, I got evicted of February 2020. I left my apartment to my roommate who failed to pay, and decided to abandon the apartment without my knowledge. We got evicted and it went to court and I didn’t show up because I didn’t know this was happening. Now it is on my Rental credit report that a... Read more »

John Michael Frick
John Michael Frick
answered on Dec 30, 2022

You might consider paying the landlord directly rather than a collection agency and requesting a release of judgment which you would then file.

But be aware that the existence of the eviction itself will not magically go away. Future landlords will still discover the eviction when...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Texas on
Q: Hi, a land lord has neglected to secure their property for over a year. Allowing rampant criminal activity. Can I sue?

We have complained to police and they said the owner needs to vacate the squatters, public utilities have contacted owner too for pirating utilities and still nothing. It’s been going on 2 years. Drug trafficking daily and appears prostitution. I’ve seen children there too and contacted... Read more »

John Michael Frick
John Michael Frick
answered on Dec 28, 2022

If you have a private interest in land as a current owner, occupant, or holder of an easement, and these conditions have substantially interfered with your interest in the use and enjoyment of land, and these conditions have an injury to you (which could be harm to your person, harm to your... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Are there limits on former tenant responsibilities to apartments upon move out? We are being charged $2000

We lived in an apartment in Leander for 4 years. The management company sent us an itemized letter for replacing everything from carpets to light bulbs that was $2k. Some of these items are routine apartment responsibilities. We are trying to figure out what is fair and are they miscalculating the... Read more »

John Michael Frick
John Michael Frick
answered on Dec 28, 2022

In the absence of language in a lease agreement to the contrary, your landlord can only charge you for abnormal damage to the premises and not for ordinary wear and tear. With respect to carpet, the fabric tends to become threadbare and the color fades over time as part of normal wear and tear.... Read more »

1 Answer | Asked in Small Claims and Landlord - Tenant for Texas on
Q: Is it legal to sublease a room without a any written agreement?

I have been subleasing a single room from a woman. At the end with my subleasing I gave her a 30-day notice and paid for the full month of December. Even though I paid for the full month of December I moved into the new apartment mid-December. She said because of this it was not a 30-day notice... Read more »

John Michael Frick
John Michael Frick
answered on Dec 20, 2022

Yes it is legal to sublease month-to-month or for a term of one year or less without a written agreement.

As long as you provide her with your new address, she has thirty days to give you written notice of any deductions from your security deposit and to refund the difference

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Am I liable for property a guest left behind at checkout?

A vrbo guest left a travel breast pump filled with milk in the fridge at check out. The housekeeper did not know the container was a pump and threw it away when cleaning the house. Now the guest is demanding reimbursement for the pump he left in the fridge.

The property is in arkansas.

John Michael Frick
John Michael Frick
answered on Dec 20, 2022

Vrbo’s T&Cs do not contain any provisions addressing personal property left behind by guests and instead defers to the terms of the rental agreement between the host and guest with the caveat that any such terms must be included in the host’s online listing for the property.

It is...
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1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for Texas on
Q: Need help and assistance from lawyer legally help me to have my son abide by the house rules or move out of the house

i have a 18 yr old son who has been very disrespectful, abusive and threatening to me and my wife with bad behaviour. He doesnt want to follow any house rules. Have dropped out of the college, being out whole night, comes back in the morning and sleeps whole day. When we ask him to change is... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 14, 2022

Unfortunately, there is not a court with jurisdiction over an 18-year-old adult. This is not an issue that can be resolved within the legal system (nor should you want it to). If he doesn't want to abide by the house rules, then he should no longer be allowed to live in the house.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is my landlord legally responsible for the excess charges of my electric bill for a faulty a/c issue

Is my landlord legally responsible for the excess charges of my electric bill for a faulty a/c issue that not only caused mold to our apartment unit but doubled our electricity bill up to $400 for 3 months straight (onset to full remediation was 3 months & we were not in the unit for 2 1/2... Read more »

John Michael Frick
John Michael Frick
answered on Dec 7, 2022

Depending on the language of your lease agreement, your landlord could be legally responsible if you can prove the landlord deliberately damaged the A/C unit or negligently caused it to malfunction.

The excess electricity cost would be characterized as a “consequential” damage. In many...
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1 Answer | Asked in Contracts, Family Law and Landlord - Tenant for Texas on
Q: I am needing to know if the lease my brother had written up is good. I can send an unsigned copy. I can explain my ?

My son at the age of 36 has been living with me for over a year. My brother is now trying to remove him from my home and property I live on. I have paid an additional $100 for December rent. According to my new lease my son is considered a guest and will only get to stay thru December. I also would... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 4, 2022

You can retain a lawyer to review the lease, My case is the fee will be about $175.00

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