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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: I signed a lease online with the residence in Michigan (but I lived in TX) what state should I get an Attorney?

I was coerced by my soon to be fiance, who then suddenly broke off our relationship, after I signed the lease. I don't want to be held financially liable. He never picked up the keys and never moved in...just left things hanging. I've made multiple attempts to ask to be removed from any... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Your obligations to the landlord under your lease are most likely governed by Michigan law, so you need to consult a Michigan attorney with respect to any rights or obligations you have under that lease. Commonly, you will remain financially obligated to satisfy all the terms and conditions of the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Does my previous landlord have the right to keep my possessions

Previous landlord did not give me access to my property after the constable served the execution of written and will not give me back my property.

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

No a landlord does not have the right to "keep" your possessions. A landlord does have the right to discard possessions abandoned by a tenant at the premises when a writ of possession is executed. A tenant has the right to remove their possessions before the writ of possession is... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Is it against the law to rent a apartment in Texas if there is no locking mechanism on the front door and no smoke alarm
John Michael Frick
John Michael Frick
answered on Dec 2, 2024

Yes. As a tenant, you have remedies under the Texas Property Code if your landlord has not provided both a smoke alarm and a locking mechanism on the doors. You should give the landlord written notice in the form specified by your lease agreement to install both a smoke alarm and a locking... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I sue my landlord for hotel cost reimbursement

The drain in my shower backs up with gross black stuff making it impossible to shower. I've told my landlord about ur for a month now. He's sent out 4 plumbers, all of them say the pipes have to be replaced, yet he still isn't replacing them. I've had to get hotels in order to... View More

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

That likely depends upon the terms of your lease agreement. Many leases include an agreement that the tenant will not sue the landlord for certain types of things. In particular, in your case, the cost of paying for somewhere else to shower would by an "incidental or consequential"... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Apt manager obtaining signature of a Resident with a third party who hasnt signed the addendum to the Rental Deed. Is it

Legit? Towing the vehicle of a DISABLED without NOTICE just on the pretext that new LP details couldnot be conveyed to My Vip parking portal though the first time registered is done 5 months ago. Despite having my details with them not informing me before towing tantamount to utter disgrace,... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Sorry to hear about your LL problems.

There is no such thing as a rental deed. It's either a lease or an agreement to rent living space in TX.

The terms of any lease in TX, can be made or changed by the Landlord "LL" and Tenant, as long as BOTH agree. If you pay extra...
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1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Who do I get to help me to make my landlord from the apartment complex go over her ledger because they're charging to mu

Charging me too much for late fees they have their computer that is not updated and they keep on charging and charging

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

Your landlord cannot charge you late fees unless you are late as described in your lease agreement. How often the landlord updates their computer is irrelevant to this determination. If your rent is due on the 1st and you pay your rent on the 1st, it doesn't matter when they input that... View More

2 Answers | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Texas on
Q: I am in ownership with a house and land with two other family members passed down from my father.

The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home

James Clifton
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James Clifton
answered on Sep 30, 2024

If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I have a residential house under contract for rent, executed effective August 1, 2024, the applicant was through Zillow,

I have a residential house in Calera, Alabama, under contract for rent, executed effective August 1, 2024, the applicant was through Zillow.

The tenant defaulted on the rent for September 1. Phone calls and text messages were sent but she failed to acknowledge and respond to either through... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

You will need to follow Alabama eviction law. In Texas, an email notice to vacate would be ineffective. A landlord must deliver written notice to vacate in the form required by the Texas Property Code. Most other states have similar, albeit not identical, requirements. Whoever oversees your... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it unlawful lockout if a landlord locks us out as we are moving? We are paid up completely. Owe him nothing.

We have made repeated attempts to arrange a time only to be ignored. We have conversations in writing stating that he doesn’t want us to get our stuff.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your lease has ended and whether you have vacated the premises. Generally, absent an agreement to the contrary, if you or your landlord have ended your lease, you have until the last day of your lease to remove stuff, and anything left after that date is usually considered to... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
James Clifton
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James Clifton
answered on Sep 25, 2024

Apartment owners can be held liable if their employees neglect to lock pool gates, leading to an injury, based on principles of premises liability and negligence in employment.

Apartment owners have a legal duty to maintain their property in a safe condition, which includes securing pool...
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2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Maybe if the failure to lock the gate was negligent and the injury was foreseeable. The trier of fact will have to allocate responsibility for the injury among all culpable parties, including the person who was injured. If the person injured was a child, the child likely would not be allocated a... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apartment managers will not give me a receipt for a cashier's check which pays for rent. That is their rule what do I do
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2024

The good news is that the cashier's check usually has a stub attached, which is good proof you paid. What's more is that, your cashier's check should be cashed against your bank account, so your proof of payment, and the identification of the person or business who deposited the... View More

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Texas on
Q: How do I have my name removed from an apartment lease, if the lease is up?

I have a lease that was signed in April of 2022. In June of 2022, I left the home in Texas and moved back to Colorado. My ex stayed. Last year, the lease was sent to both myself and my ex-I requested at that time my name was removed from the lease. Someone signed my name digitally. Fast forward to... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

My recommendation is to terminate the lease in accordance with the terms of the lease. Usually, this requires written notice to the landlord in advance of the end of the lease term (usually 30, but sometimes 60 days before the end of the lease term. I would include in your written notice a... View More

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1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Landlord - Tenant for Texas on
Q: I have a 5 yr PO; I’d like to get out of my lease. My dad is a co-signer on my apartment; will they go after him?

I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can an apt complex legally enforce requirements NOT detailed in the lease/a lease addendum? Is it time to get a lawyer?

I'm closing on a home; I've provided my 30 days notice as the lease stipulates. I've read my lease several times. I can't find any clauses which coincide with what I'm being told about: the inability to terminate my lease early; clauses that denote the complex will do... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

In the absence of an agreement to the contrary, a lease for a specified term continues until the end of that term. For example, if you agreed to a lease for a term of one year with a commencement date of December 1, 2023, that lease does not end until November 30, 2024. The parties can agree... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: 3 day notice to vacate in Texas. Lying landlord.

We are already moving out, but we got a 3 day notice on our door and then a text from the landlord that I must reply today by end of day or she will proceed with eviction. Don’t I have 3 days to respond? Or can she really proceed if I don’t reply the day she gave us the 3 day notice?

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

A 3-day notice to vacate is given when a tenant has not paid their rent in full in a timely manner. Whether you respond to the notice or not, the landlord can proceed with the eviction three days after the notice was given unless the tenant has fully paid all rent which has accrued and surrendered... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I am a landlord, i missed the 30 day time frame to inform my tenant I was keeping their security deposit.

They are saying i acted in bad faith, i was actually trying to find the cheapest option to cover the damages they caused to the landscape. They have contacted me and stated I have 10 days to pay the deposit plus legal fees. What options do i have

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

You should provide an accounting of whatever deductions are applicable based on the information known to you now and immediately refund the balance of the security deposit ASAP. If you are sued, you can provide evidence that you were diligently attempting to find the cheapest option to rebut the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hi, How do I find out who and where to have former landlord served?

I recently was granted an unlawful eviction by means of appeal and would like to sue my former landlord. I called the Secretary of State and went to the Courts only to be told that I have to specifically have a name and address to have them served. Also have to have exact information for names of... View More

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

The landlord's name appears in your lease. If the landlord is a business entity, you can then determine the landlord's registered agent for service of process by search the SOS Direct website maintained by the Office of the Secretary of State of Texas online. You will have to set up an... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Can I see my landlord for not making repairs in my apartment causing me a health injury?
John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Unless you have agreed otherwise in your lease, yes. You will need to prove that your landlord was aware of the dangerous condition that caused your injury (usually because you sent in a maintenance request) and that the landlord failed to correct the condition within a reasonable time.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: My lease is up and landlord went up on rent from 650 to 800. We agreed to pay 700. Can they demand you keep paying 800.

They bring they notice on a paper attached to door. I have written to them I only agreed to pay 700. I also have several issues with my apartment maintenance says they will call me back and we are an there list to be fixed but I haven't heard anything. I have told landlord several times.

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

If your lease is up and you have not vacated your apartment but are current on your rent, your landlord must give you thirty days notice before evicting you.

Your landlord can take the position that they will not renew your lease or allow you to holdover unless you agree to its new...
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