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Texas Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant, Collections, Consumer Law and Real Estate Law for Texas on
Q: Can I sue for damages for apartment overcharges and credit report errors?

I lived in an apartment in Texas from August 2019 to September 2022 and experienced several billing and maintenance issues. Despite my lease not including certain fees, I was overbilled by $150 for 6 to 7 months, with discrepancies noted in conversations with Texas Rent Relief, which I have... View More

John Cucci Jr.
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answered on Nov 2, 2025

The facts you have presented do show a cause of action against the landlord who reported the false information. However, such a case is weak if you do not make at least one formal request for the landlord, or person who is publishing the false information against you.

You will also need to...
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2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Texas on
Q: What are my rights with a verbal lease agreement when evicted by the homeowner's girlfriend?

I have a verbal agreement with a homeowner allowing me to stay in a shed on his property for $200 a month, covering electricity and gas for work-related transportation, and water usage. This arrangement was to last until I got back on my feet. However, his girlfriend, who is not part of the... View More

John Cucci Jr.
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answered on Nov 2, 2025

If you have proof that you have been paying the described rent, and only the girlfriend is telling you to leave, she is committing a crime. There is a difference between a commercial lease, and a residential lease. Your situation sounds like it could be a residential lease. In any event, you need... View More

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Q: How can my friend improve living conditions legally without risking his home?

My friend's girlfriend and her daughter have moved into his house, resulting in severe sanitation and safety issues. The home is overwhelmed by the smell of animal feces and urine, and it's infested with fleas, roaches, and rats. There's trash everywhere, making it difficult to... View More

John Cucci Jr.
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answered on Nov 2, 2025

Sounds like a terrible situation.

If your "friend" is not in support of this legal question and inquiry, nothing can be done for him.

But, if he wants them to go, he needs to man-up and tell his girlfriend she needs to contribute to cleaning, paying bills, and if the feces...
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Q: How can my friend improve living conditions legally without risking his home?

My friend's girlfriend and her daughter have moved into his house, resulting in severe sanitation and safety issues. The home is overwhelmed by the smell of animal feces and urine, and it's infested with fleas, roaches, and rats. There's trash everywhere, making it difficult to... View More

John Michael Frick
John Michael Frick
answered on Nov 3, 2025

I think he has many options without risking his home.

First, as the owner of the home, he has the legal right to not allow animals other than service dogs and ESAs. If the animals belong to someone else, he should give them 30-days advance written notice to remove the animals from the...
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3 Answers | Asked in Landlord - Tenant, Employment Law and Real Estate Law for Texas on
Q: Can I terminate my lease without penalty due to mental health?

I need to terminate my apartment lease early due to mental health challenges. The lease doesn't have a specific clause for mental health situations. I have a doctor's note stating I cannot live by myself, and I've informed my landlord about my situation. However, they are insisting I... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2025

It depends upon the language of your lease and your mental health diagnosis. If you were no mentally competent when you signed your lease, it is likely possible to rescind or terminate the lease. If you are not mentally competent now, it may be possible to terminate your lease. Not every mental... View More

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3 Answers | Asked in Landlord - Tenant, Employment Law and Real Estate Law for Texas on
Q: Can I terminate my lease without penalty due to mental health?

I need to terminate my apartment lease early due to mental health challenges. The lease doesn't have a specific clause for mental health situations. I have a doctor's note stating I cannot live by myself, and I've informed my landlord about my situation. However, they are insisting I... View More

John Cucci Jr.
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answered on Oct 30, 2025

On an issue like your mental health diagnosis, your contract obligations in Texas remain in effect.

You can not simply walk away from a contract. However, if you were to be placed into a Guardianship, in the Probate Courts, your obligations to your landlord may change.

To be sure, I...
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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: Can I stay in the property if I pay rent owed after a writ of possession in Texas?

Given that my landlord has filed a writ of possession in Texas, and I have received the date when they'll take possession of the property, can I stay if I pay all the rent owed before that date? Additionally, are there any specific details or requirements I need to be aware of to ensure I can... View More

John Michael Frick
John Michael Frick
answered on Oct 20, 2025

I would strongly recommend that you either negotiate and sign a written agreement with the landlord or pack up your things and move out before the writ of possession is served upon you. A constable may, but is not required to, give you a couple of hours to pack up your stuff. It will be much more... View More

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2 Answers | Asked in Family Law, Probate, Real Estate Law and Landlord - Tenant for Texas on
Q: Dealing with HOA demand for deceased parents' property in Texas.

I received a final demand letter from an HOA attorney for dues related to a property owned by my deceased parents. I was the power of attorney until my mother's passing. The property is not currently in probate, and there's no administrator. I have two siblings who have not assisted in... View More

James Clifton
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James Clifton
answered on Oct 8, 2025

If you cannot afford to pay the HOA dues, you can try and negotiate a payment plan or a reduced amount for a lump sum payment. Ultimately, you will need to probate the estate(s) or file an affidavit of heirship in order to fully resolve the situation. Once probate occurs or an affidavit of heirship... View More

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2 Answers | Asked in Employment Law, Landlord - Tenant, Domestic Violence, Elder Law and Real Estate Law for Texas on
Q: Facing eviction due to employer retaliation, inability to pay rent, and ongoing mental & abuse issues. How can I get legal help in Texas?

My employer is retaliating against me and withholding my paycheck, which has led to me not being able to pay my bills and facing eviction. My situation is exacerbated by being a victim of physical abuse, with the abuser now in jail, and my ongoing mental disability issues. Despite communicating... View More

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

Ordinarily, in an eviction case, there are only two issues: (1) did you pay your rent on time in full, and (2) did your landlord give you proper and timely notice to vacate the premises.

There is no balancing of equities or "I'm going through tough times" defense....
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2 Answers | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Texas on
Q: Do I have the right to demand rent and deposit back due to prior unit issues?

I moved into my apartment on July 1st and discovered heavy black mold growth inside the walls, specifically near the AC drain, showing rotted wood and deteriorating drywall. I notified the management via email about 10 days ago and in person 7 days ago, but have only been told they will forward the... View More

Daniel Estrada
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Daniel Estrada
answered on Oct 7, 2025

The Texas Property Code outlines duties owed by landlords that will address issues of "habitability" of the leased premises. As you may have already done so, it is important In your communications with the landlord or management company to inform them of the extent of the pre-existing... View More

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2 Answers | Asked in Landlord - Tenant, Business Law and Real Estate Law for Texas on
Q: HOA dues payment misapplied to fines, still accruing late fees.

In March 2025, I paid my HOA dues for both 2024 and 2025. However, my payment was applied to fines instead, and I am still accruing late fees. How should I address this issue?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2025

The best place to start is the HOA Rules. There is a copy at the office of the HOA, and a copy should have been given to you at your closing, when you bought your property. The rules will have all the details about fine payments, Dues, and all other payments and how the same is accounted.... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Texas on
Q: Landlord moved my belongings out without eviction notice in Texas under verbal agreement.

I lived in a property in Texas for three months under a verbal agreement with my landlord, where in exchange for maintaining the property, I would not have to pay rent. Recently, my landlord moved my belongings out without giving me an eviction notice, prompting me to leave. I attempted to contact... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2025

It is sometimes very hard to prove the existence of a verbal agreement if the parties disagree. When deciding whether someone is a burglar or trespasser, law enforcement looks at objective evidence like the address on your drivers' license, whether your mail is delivered to the address, and... View More

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2 Answers | Asked in Foreclosure, Landlord - Tenant, Probate and Real Estate Law for Texas on
Q: Legal options for eviction notice after foreclosure and owner's death, no will, affidavit of heirship filed.

What are my legal options regarding an eviction possession notice after foreclosure? The property was foreclosed on June 20, 2025, and the previous owner passed away on January 15, 2023, without leaving a will. My family and I have been living in the home since 2016 and have an affidavit of... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2025

If the mortgage company bought the property in the foreclosure sale, you might be able to pay off the balance on the mortgage loan, including all accrued interest, late fees, and the costs of the foreclosure sale.

Otherwise, it doesn't look like you have any valid grounds to contest...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant, Animal / Dog Law and Personal Injury for Texas on
Q: Can we sue to prevent neighbor from using our driveway easement?

I purchased a section of my neighbor's acreage, including an easement from the road past his house to access my property. The contract and survey specify that the easement stops at our property line. However, my neighbor believes our driveway is an easement for him to access his pasture behind... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2025

Sure. A boundary dispute such as this will likely cost $25,000-50,000 in legal costs and expense and will likely cause tremendous hard feelings between the neighboring parties. With two separate surveys apparently saying different things, it is impossible to predict who will win. It is entirely... View More

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3 Answers | Asked in Landlord - Tenant, Civil Litigation, Criminal Law and Real Estate Law for Texas on
Q: Can I sue for legal troubles after separating a landlord-tenant altercation?

I intervened in an altercation between my fiancé, who was the property owner, and her tenant. My fiancé attempted to forcibly enter the tenant's rental property, and as I was parking my car, I witnessed a scuffle and separated them. During this, the tenant fell backward onto a nearby... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2025

"I think" NOT "I do not think"

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3 Answers | Asked in Landlord - Tenant, Civil Litigation, Criminal Law and Real Estate Law for Texas on
Q: Can I sue for legal troubles after separating a landlord-tenant altercation?

I intervened in an altercation between my fiancé, who was the property owner, and her tenant. My fiancé attempted to forcibly enter the tenant's rental property, and as I was parking my car, I witnessed a scuffle and separated them. During this, the tenant fell backward onto a nearby... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2025

Attorneys sometime differ in their professional opinions. This is one of those times.

I do not think that your fiance's initiation of the altercation did not create a foreseeable harm from the teenager's mother pressing felony criminal charges against you. There is a famous case...
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2 Answers | Asked in Divorce, Domestic Violence, Family Law, Landlord - Tenant and Real Estate Law for Texas on
Q: Husband filed for divorce without serving me in TX; DV involved.

My husband filed for divorce without properly serving me the decree. There have been two attempts at service. We have four children and shared properties, including a house, land, and a club. He took our family vehicle, a minivan, from North Carolina to Texas. I received a document from the clerk... View More

John Michael Frick
John Michael Frick
answered on Sep 3, 2025

In a divorce case, you must be properly served with the divorce petition and citation. These are different documents from the decree. If you have been properly served with the divorce petition and citation, you become legally obligated to file a written answer with the court.

In some...
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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Texas on
Q: Tenant facing HOA violations post lease end, concerns over deposit refund in Texas.

I am a tenant who has been leasing a property for four years, with the original lease term expiring on April 30, 2025, and since then I've been on a month-to-month basis. Recently, I've received violation notices from the HOA concerning a dead tree, which were never mentioned during the... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2025

In general, the language of your lease will govern whether you are responsible for HOA fines in this circumstance. You should carefully review your lease to determine whether you are responsible for trees or landscaping under the terms of your lease. If you were responsible for landscape... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: What should I do if my landlord hasn't refunded the deposit after 30 days in Texas?

My landlord has not refunded my security deposit, and it has been over thirty days since I moved out on July 26, 2025. I rent in Texas, but the landlord resides in North Carolina. Our lease agreement did not include an address for the landlord. I've received vague communications about... View More

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

First, you are required to prove that you have provided to your landlord in writing your new address for the return of your security deposit. This is a condition precedent imposed upon you.

Second, your landlord is legally obligated to either refund the security deposit to you at the new...
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Q: Looking for compensation and disciplinary actions after landscaper caused injury while trimming trees.

I live in an apartment complex where landscapers contracted by the management began trimming overgrown trees without notifying me. While in my yard, I was hit by a tree branch, resulting in an injury to my head, and my dog was injured and limping from a branch hitting her leg. I contacted property... View More

Jas Jordan
Jas Jordan
answered on Sep 9, 2025

In Texas, property owners and management companies have a legal duty to keep residents safe and ensure contractors follow proper safety protocols. If landscapers failed to block off hazardous areas, notify you, or follow city regulations, and you or your pet were injured, you may have a strong... View More

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