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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: I live in my grandparents house can my mom kick me out.

The house was left to my aunt, never probated the will. Can my mom kick me out

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 8, 2020

The will needs to be probated otherwise it's not valid. Until then the house passes according to Texas laws of intestate.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: Can a previous owner legally stop me from moving my house off of their property if its paid for in full?

I have a mobile home I bought from them and part of the contract states I have to have it moved before the end of feb 2020. They are now messaging family members stating they are trying now to do everything they can to keep me from relocating my house.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2019

If the contract requires you to move your mobile home before the end of February 2020 why are you here today, some 62 days early? Rather than get upset about "your family members" receiving messages from the landlord that appear onerous to them, why not view these messages as being... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I own a small business I got behind on my rent and I have been locked out what legal action can be taken against me?

I'm not in a lease. And I was planning on closing my business at the end of the year

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 19, 2019

Speak to a Debtor's attorney, aka bankruptcy attorney and see what you options are. You might be able to file bankruptcy for the busines or there may be other options for you.

1 Answer | Asked in Family Law, Civil Litigation and Landlord - Tenant for Texas on
Q: Significant others live together 6months call it quits one wants to evict the other immediately though both pay bills

Bills are currently paid for the month. What options do the parties have.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 18, 2019

If both are on the lease then neither can evict. If only one on the lease then they have to evict the correct way.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: If I am watching a friends guinea pigs for 2 weeks and the propety comes in my apartment and sees can she fine me?

Pets are allowed if the fee is paid. The reason she came in the room was not for the guinea pigs.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 27, 2019

It depends on what your lease states. If your landlord has seen the pets and thinks they are yours and wants to fine you, perhaps talking to them might help calm the situation down.

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Landlord - Tenant for Texas on
Q: The search and arrestcwarrant given to me at the time of search does not have an address nor namevon it. Is it valid?

There was drugs found in the home. Does this mean it cannot be used as evidence if the warrant does not contain the address or a description of the residence to be searched?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 26, 2019

Don't worry, if the defendant has a decent criminal defense attorney then the search warrant will be carefully examined for defects and the existence of warrant exceptions will be properly considered. I don't want to say more than that because this sounds like it could be a homework... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Texas on
Q: Buying an apt w a tenant that has acontract til 5/2020. If she terminates before closing will seller pay for those mon

Buying an apt w a tenant that has acontract til 5/2020. If she terminates before closing will seller need to pay for months tenant is missing to pay?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 24, 2019

No, not unless you include this unusual request in the buy/sell documents--or create a side agreement to deal with it.

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Criminal Law and Civil Litigation for Texas on
Q: Can my landlord legally shut off the utilities?

It isn't done for any valid, legal reasons. He just drinks on a daily basis, and then he gets depressed and in a bad mood. Whenever any of the tenants try talking to him about it, he goes off and throws around accusations and slander at anyone around. He has broken many laws already and is now... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2019

Texas Tenants' Union

https://txtenants.org/

(214) 823-2733

8035 E R L Thornton Fwy., Suite 535

Dallas, TX 75228

3 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Texas on
Q: My father passed away, he wasn't married and didn't leave a will. Are my Aunt's allowed to keep his house keys from us?

My father didn't have a will, and only has 2 children. He wasn't married. My Aunts have taken the keys to his home and wouldn't allow me (his son) inside to search for documents necessary for burial. Is that legal for her do given that I'm the son? I researched intestate... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 13, 2019

If your father left children, those children, not his siblings, are his heirs. Hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration. Once you are appointed administrator of your father's estate, it will be your... Read more »

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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Am I liable for pet rent?

If I have not acknowledged ownership of my animals to my apartment complex, and have lived there for over a year, but am only now receiving notice of an unpaid amount on my bill, despite having paid what I am obligated, the reason for which is pet rent; am I admitting acknowledgment of having had... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 12, 2019

Read your lease contract. If you knowingly broke the agreement then chances are high you’re responsible.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: Can my sister make me move out

Im co executrix with my sister of mom's will. I moved into mom's house after she passed a year ago. The Will has been through probate. Can my sister make me move

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 16, 2019

It depends on who the beneficiary of the house is. If it is both of you then you'll probably have to fight it out in court.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: Im co executrix/sister of mom's will. I moved into the house after Mom died. Can my sister now make me move

My sister is the other co executrix with me. She agreed I move in mom's house after she died. Now she wants me to move out. Can she make me do so

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 15, 2019

If you are a beneficiary, then you can live there; however, until the will is actually admitted to probate in Court it is not valid and no one may act as executrix.

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Patents (Intellectual Property) and Probate for Texas on
Q: Who would be the owner of a title or have claim to the title to real property if...

My father transfered a property to my mother through a special warranty deed that my grandmother had originally transfered to both of them through a warranty with vendor's lien but prior to this in '72 one half of the interest was transferred by a quitclaim deed to my grandmother while... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 6, 2019

The only way any attorney can give you a definitive answer would be to review the entire chain of title with his or her own eyes.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Federal Crimes and Landlord - Tenant for Texas on
Q: I have had tree individuals who have collaborated together and managed to get access to all my things legal,bank, leases

Bruce GArrison a attorney, Eden Mckenney, Hugo Salguero managed to hack into my bank account taking thousands of dollars and transferring the money directly into there personal accounts. The destroyed all Video surveillance before helping themselves to whatever they wanted including but barely... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 31, 2019

Your story seems over-the-top but I seem to recall that there was an attorney named Bruce Garrison who was forced to give up his law license about 10 years ago in Austin so I am inclined to give you the benefit of the doubt.

The text of your question is so mixed up that I'm not even...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: What rights do we have?

My boyfriend has lived in the same house for just about 30 years now. It was signed over to his father by his grandfather, who then signed it over to his mother for back child support. He has never had to pay rent but has paid on the 3 mortgages against the house she has taken out.. she has not... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jul 3, 2019

Your boyfriend may have established what's commonly referred to as a "tenant at will". The landlord/owner has to give 30 days notice to vacate. If a tenant refuses to vacate, the landlord/owner must then pursue an eviction proceeding through the courts.... Read more »

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
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...
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
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... Read more »

Matthew Valley
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... Read more »

Gary D. Peak
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... Read more »

Rahlita D. Thornton
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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