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Texas Landlord - Tenant Questions & Answers

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on

Q: Who do I call after my landlord assaulted me? What kind of lawyer do I need?

May 30th 2019 I was assaulted by my landlord. He was charged with unwanted contact. How can I enhance these charges? I have a email account typed by myself of the incident that I sent to the officer who was on scene at the time. I will provide it to anyone who wants the details and is willing to... Read more »

Kiele Linroth Pace answered on Jun 6, 2019

The next highest level of assault is Assault Causing Bodily Injury. You didn't mention whether or not you were injured, or if you even experienced physical pain.

A criminal case is State of Texas vs. Defendant... not Alleged Victim vs. Defendant. The alleged victim is not a party to the...
Read more »

2 Answers | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Texas on

Q: How do i evict deceased father's live in girlfriend from his home?

My dad passed away today. He has had a live in girlfriend for 9 years. They have separate accounts and not common law. She does help pay for some bills once in a while. How do his kids evict her since the home is 100% in his name.

Terry Lynn Garrett answered on May 20, 2019

File an eviction action in your local Justice of the Peace Court. If necessary, get the sheriff to enforce it.

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1 Answer | Asked in Landlord - Tenant for Texas on

Q: If I have not pay my rent over 7 months at the apartment is that my fault or is it apartments Fault?

I had automatic pay to pay my rent they told me to use that because they never in the office sometime but my account closed but they still trying to take it out my account and

my bank wouldn't let them take it and said it was fraud what I did and blame it on me. Because they did not give... Read more »

Matthew Valley answered on May 18, 2019

I personally think it would be hard to find a judge or jury that would believe someone didn’t know they weren’t paying rent for 7 months. That being said, there might have been other things the landlord could have done instead of keeping a tenant in default for over half a year. I would talk... Read more »

1 Answer | Asked in Personal Injury, Landlord - Tenant and Small Claims for Texas on

Q: possible to sue for const. eviction n Tx. justice court then later sue in county for assault

I had an eviction that was ruled in favor for my landlord. Even though it was in retalitory, 3 days later after she was served papers, of me filing a repair & remedy case. I appealed, before appeal hearing was set land lord stabbed me with a garden shovel aseveral times in the ribs, then went into... Read more »

Gary D. Peak answered on May 6, 2019

If she has been charged with assaulting you, yes you can file suit against her in civil court. Because it was an intentional act, her insurance would likely deny coverage, so she would need to have non-exempt assets to go after to collect a judgment. Was the rental you were evicted from her home,... Read more »

2 Answers | Asked in Civil Rights, Personal Injury and Landlord - Tenant for Texas on

Q: So headed to the ER Today, Rental House for a Year and a half. My house is covered in Mold. Any TX Attorneys pro bono?

2nd trip to the ER for mold related issues. Scared to death. Sores all over my Scalp. lots more stuff going on. Pics yes, yes he knows, I need help please. Eyes, Urinary tract and my hair fell out. Lot's more. I have all diagnoses. Dog lost hair and roomate. I am in need of a pro bono attorney... Read more »

Rahlita D. Thornton answered on Apr 22, 2019

Feel free to call us to give us more details that we require. These types of cases can be handled on a contingency basis. This means fees come from any settlement obtained. 888-343-4529#1.

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1 Answer | Asked in Landlord - Tenant for Texas on

Q: Can my landlord let themselves into my apartment without my knowledge or consent?

I'm renting a condo through a realtor. The actual owner of the condo is now selling it, and there has been a showing and an inspection done. Now I just found out that the realtor had an appraisal done without letting me know (well they sent me an email two hours before the fact to let me know they... Read more »

Matthew Valley answered on Apr 18, 2019

What does your lease say? Landlords frequently include provisions in their leases that override the general rule that a landlord does not have the right to enter leased premises, outside of emergencies, without a tenant’s permission.

1 Answer | Asked in Contracts, Landlord - Tenant, Consumer Law and Products Liability for Texas on

Q: Void a rental contract because smells of the previous tenants death (unattended).

I signed into a least contract that was deceptive at viewing I learned too late. all windows were open at showing, I thought to show off the many windows in the unit. It was a look and lease and after signing and paying, the finally gave me keys. when windows closed smells of death. previous tenant... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

You may have sufficient legal reasons to allow you to get out of this lease; However, you should take the lease and all related documents to a local lawyer and ask for their assistance.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Landlord - Tenant for Texas on

Q: There's no rent agreement and we pay no rent, I'm dealing with a jealous mother in law. That's trying to evict me

I have painted every room in the house and a lot of work outside too. Can she evict me and harrasse me?

Kiele Linroth Pace answered on Mar 22, 2019

Yes, the owner can evict you if she follows the proper legal procedure. There are also legal steps you can take that will delay the actual eviction date... but this type of litigation will not be good for family relationships.

Consult an attorney who focuses on "Landlord-Tenant" law.

1 Answer | Asked in Divorce, Family Law, Child Custody and Landlord - Tenant for Texas on

Q: My husband and I are separated and I would like to not let him come back into my family's second house can I do this

We have been separated a couple of months he will barely let me see my son but he left out of town for work and I have my family's second house and my son can I change the locks and not let him back in

Rahlita D. Thornton answered on Feb 15, 2019

If you have temporary orders in place concerning this issue you have to follow them. Your question does not give facts as to whether a divorce action has been filed as of yet. Locking one's spouse out of the house can be problematic. It is best to ask the court to lay out instructions since you... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Texas on

Q: can a family member give a Notice To Quit when I don't pay rent.

My grandson built a home for my daughter and I but now she wants me out.

Terry Lynn Garrett answered on Jan 23, 2019

The owner can give this notice to anyone.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on

Q: While I was out of town, my tenant took a purse of mine and pawned it at a pawn shop. I have proof, what can I do?

Kiele Linroth Pace answered on Dec 30, 2018

Call the non-emergency number for the police if you live inside the city limits, otherwise call the Sheriff's department. Also go to the Justice of the Peace precinct for the address of the property and ask about how to legally do an eviction.

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on

Q: Lease termination confusion and fine print misconception.

Hi,

I have perfect credit score and so does my husband. We have perfect renters history.

We live in DFW area. We leased apt for 10 months the lease ended Oct 1st 2018. We went to return key to leasing office. And they said that you need to keep paying rent since you did not give us... Read more »

Tammy Lyn Wincott answered on Oct 4, 2018

I suggest a call to the health department if the dwellings are uninhabitable. Your area may also have a local lease agency that helps people with issues such as yours.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on

Q: Can an apt complex require I buy renters insurance from a certain company and charge me a fee if I use a different one?

My college son provided proof of renters insurance on move-in day. His policy met all liability, etc. criteria. On move-out day he was given an account ledger which shows a charge every month for "Rental Insurance Waiver Fee." He offered to again provide proof of coverage dating from move-in day... Read more »

Tammy Lyn Wincott answered on Aug 20, 2018

I suggest you call the Texas Department of Insurance for clarification on this. If it was wrongfully charged, you might be able to get assistance from TDI.

1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and Landlord - Tenant for Texas on

Q: I recently paid my rent for it to be rejected even after I got a confirmation number and 5 days later...

landlord says it was due to insuffient funds but my bank says they never attempted to take the money and I know I had more then enough money for it to go throw.

When I attempted to repay my rent I found they had added another bill to it and then trying to charge me an NSF fee and late... Read more »

Paul Looney answered on Aug 14, 2018

You have a fact dispute, whether you paid rent with NSF funds. Get your proof from your bank. Take the notice to the landlord and try to resolve the matter. The whole thing will end up in Justice Court if you cannot resolve it with the landlord. Yours is a question of "proof", not "law". Settle the... Read more »

1 Answer | Asked in Estate Planning and Landlord - Tenant for Texas on

Q: I have a General Warranty Deed Reserving Life Estate from my uncle before his death. What's my rights with this?

I have signed someone to a lease agreement and my cousin that is the stepson to my uncle is stating that legal aid has said the deed is not valid and they want to evict the resident from the property.

Terry Lynn Garrett answered on Jul 23, 2018

If the deed was properly drafted and recorded in the deed records of the county clerk and you recorded an affidavit of death after your uncle died, title to the property should pass to you. If you do not want to rely on the reported opinion of the Legal Aid lawyer, take the deed to your own lawyer... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on

Q: If a landlord fails to mention breed restrictions when the lease is signed do they have a right to evict me.

I got a pit bull after I moved in and they didn't tell me about any breed restictions

Benton R Patterson III answered on May 29, 2018

It depends on what the lease says. If its in the lease and you signed it, you are likely out of luck.

1 Answer | Asked in Elder Law and Landlord - Tenant for Texas on

Q: Mom is in temp rehab. My sister says if i want hot water i need to pay for it. Why she has poa over mom the house etc

Mom is in temp rehab. My sister says if i want hot water i need to pay for it. Why she has poa over mom the house etc. I am disabled on a fixed income.

Terry Lynn Garrett answered on Apr 12, 2018

Whether your sister has the right to require you to pay utilities depends on when the DPOA takes effect and what it says. You might do well to get a written lease and apply to your city for low income heat and and power assistance (LIHEAP).

1 Answer | Asked in Real Estate Law, Probate and Landlord - Tenant for Texas on

Q: I'm in Texas and need answers regarding if I can evict son and his family while estate of deceased spouse is in probate.

I moved out 2016 when I remarried and son & his family needed place to stay as they were having a baby. I told them it would be temporary 6 mths. No lease agreement done but asked them to try and pay me back for mtg. pmt. and utilities but they have not and it is now 14 mths. later. I got laid... Read more »

Terry Lynn Garrett answered on Apr 7, 2018

Courts will not enforce an Affidavit of Heirship until it has been of record in the county clerk's office for five years with no one challenging it.

You may have more luck if you hire a local probate attorney to file an Application to Determine Heirship and for Letters of Independent...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Elder Law, Landlord - Tenant and Small Claims for Texas on

Q: What can we do to retrieve belongings stored at a relative's home who now refuses our visits?

My husband has always had an excellent relationship with his mother. She's now 90 and we believe she's being influenced by others as she's mentally declining. She has always wanted us to visit often and even dedicated an entire wing in her home for us when we visit. She's continually encouraged us... Read more »

Kiele Linroth Pace answered on Apr 5, 2018

If there is a competency issue, consult a Family Law attorney that practices law in the county where the grandmother lives.

Otherwise, if you just want to sue to get your stuff, consult an attorney that practices law in the county where grandma lives to find out if a lawsuit is...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on

Q: Unclear if itemized letter of return of security deposit is valid.

It only lists a management company that I have never been informed of (the original mgmt company even says in text that they will send the security deposit disposition.) The letter does not even list the owners of the property's names. It does request payment over the security deposit which I plan... Read more »

Roy Lee Warren answered on Mar 30, 2018

Thanks for asking your question. I will try to give you an informative answer. While the law with respect to return of security deposits does state some requirements, I am not sure whether the issues you set forth would be fatal to either recovery or defense, I will post LL/Tenant law with respect... Read more »

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