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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: Can someone come back and evict a family member from property that he abandoned prior to his being of age to take posses

My father-in-law will his property to my stepson who in turn ran away from home several months ago now he has returned with a notice to vacate the property claiming his mother and I need to move because he needs the property as far as I know in Texas you have to be 21 to take possession of property... View More

James L. Arrasmith
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answered on Nov 19, 2023

In Texas, the age of majority, when a person is legally considered an adult, is 18 years old. This means that your stepson, if he is over 18, would typically have the legal capacity to take possession of property willed to him. The requirement of being 21 years old to take possession of property is... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Where can I find attorneys that will help me collect 3 times security deposit from crooked landlord in Texas?

Aug 2020: gave security deposit to landlord of $875

July 2023: moved out but the lease didn’t expire until Sept. Notified landlord 60+ days before lease expiration as required in lease.

Aug 2023: paid last month’s rent + utilities

Sept 2023: lease ends on 1st... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Your instinct is correct. It does not make sense from a lawyer's business perspective to accept such a small case. The jurisdiction of our JP courts is $20,000 or less. This is a perfect type of case for such a court. If you have all the documentation you say you have, you should be able... View More

1 Answer | Asked in Contracts, Landlord - Tenant, Criminal Law and Identity Theft for Texas on
Q: Apartment Leasing Question

When it comes to signing a lease with three roommates and one of them wants to use their father that has the same name as their father for the credit report check. What’s the minimum and maximum offense for that?

T. Augustus Claus
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answered on Nov 15, 2023

Using another person's identity to pass a credit check is considered identity theft, a serious crime in Texas. The penalties for identity theft vary depending on the severity of the offense, but they can range from a Class C misdemeanor to a first-degree felony.

Here is a breakdown of...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Family Law for Texas on
Q: Is it illegal for two brothers to apply for a home living with their sisters kids and to be turned down not a family

They turned down the application because they said they are not a family

T. Augustus Claus
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answered on Nov 14, 2023

Yes, it is illegal for a landlord to deny housing to two brothers who are applying to live with their sisters' children and are turned down because they are not a family. This is because the Fair Housing Act prohibits discrimination against applicants based on their familial status.

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Family Law for Texas on
Q: Is it illegal for two brothers to apply for a home living with their sisters kids and to be turned down not a family

They turned down the application because they said they are not a family

John Michael Frick
John Michael Frick
answered on Nov 14, 2023

It depends upon the particular facts and circumstances. A key fact is whether the two brothers have legal custody of their sisters kids or have a pending action for custody of those kids. If so, federal housing discrimination laws may protect them from "familial status" discrimination.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I liable for damages if my landlord failed to send me itemized deductions within 30 days of surrendering property?

I sent a demand letter to my former landlord for the return of my security deposit because they failed to return my deposit or send itemized deductions within 30 days. The landlord replied with invoices and pictures of said damage and said they would be willing to split my security deposit with me... View More

James L. Arrasmith
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answered on Nov 12, 2023

Okay, let's break this down based on the information you have provided:

- You are located in Texas.

- You surrendered your rental property and did not receive your security deposit back or an itemized list of deductions from the deposit within 30 days, as required by Texas law....
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hello. How to handle a landlord asking for accelerated rent when we sent a letter for constructive eviction?

Hello,

So in October, we submitted constructive eviction as the property was no longer livable and the management had not fixed it. The wall was separating from the floor and there was a massive hole leading outside which brought in rats, cockroaches, etc. As well it caused the house to... View More

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

It depends upon the language in the lease. Some residential leases waive or impose certain conditions upon claims of constructive eviction. Some residential leases provide for accelerated rent in the event a tenant terminates a lease before the end of the lease term.

It also depends on...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Renting a lot in ElginTx. Signed lease allows max 4 dogs. taped a notice on door stating certain breeds are now banned

To give you a background- I have rented a lot in Elgin for over three years now, contract changing and always resigned. The contract states we are allowed to own four dogs and then rules about how the dogs must act in the park.

Management just taped a sign on everyone’s door yesterday... View More

James L. Arrasmith
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answered on Oct 23, 2023

In Texas, while HB 1159 and SB 349 restrict municipalities from enacting or enforcing breed-specific legislation, these laws primarily pertain to local government actions and not private entities like rental parks. That said, if your lease agreement specifies that you can own four dogs without... View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: I signed a sublease agreement a few weeks ago and I just noticed that they spelled my name wrong. Is it still valid?

I am looking to break my sublease for an office space and I just noticed the name error and want to find out if that makes the sublease invalid or does it even matter because I still signed it.

Johnathan Spencer Young
Johnathan Spencer Young
answered on Oct 20, 2023

To constitute a contract, the minds of the parties must meet with respect to the subject matter of the

agreement, and as to all of its essential terms. If one's name is misspelled on a contract, the contract itself is most likely still valid and enforceable. Such errors are referred to...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: how to fight a faulty notice to vacate/writ of possession.
T. Augustus Claus
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answered on Oct 16, 2023

To fight a faulty notice to vacate/writ of possession in Texas, you can:

File an answer with the court within 5 days of being served.

Attend your hearing and present your case to the judge.

File a motion to stay the eviction if the judge rules against you.

File an...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Is the pool equipment behind the fence considered a common area? We have put a lock on the fence now and 1 owner is mad

The pool company we are using will not take ownership of the issues when other owners are going in that secured area and flipping switches, turning on and off pumps… Adding chemicals. We put a lock on it now, and one owner is upset and calling it common area, is this really common area? I’m in... View More

John Michael Frick
John Michael Frick
answered on Oct 16, 2023

A swimming pool in a multi-family complex is typically a common area that is managed and controlled by the property manager/property management company for the complex. A property manager absolutely can place a lock on the area containing the pool equipment to prevent a tenants from damaging the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What rights do I have as a tenet that is trying to be evicted?

Need to speak with someone

T. Augustus Claus
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answered on Oct 6, 2023

In Texas, if a landlord wants to evict a tenant, they must provide written notice to vacate, typically giving a three-day window. If the tenant doesn't comply, the landlord must then file an eviction lawsuit in a local Justice of the Peace court. Tenants have the right to a court hearing, and... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: A leasing company does not want to return my admin and app fee and security deposit

I have cancelled my leasing application within 48 hours. What can I do?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2023

Your question is if you can get a refund b/c you never moved in and have decided not to take the apartment. I'm just making sure I have the facts correct.

I don't believe you are entitled to your application fee, if they reviewed it or went through it with you.

The Admin...
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2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: A leasing company does not want to return my admin and app fee and security deposit

I have cancelled my leasing application within 48 hours. What can I do?

T. Augustus Claus
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answered on Sep 26, 2023

In Texas, application fees are generally non-refundable. Administrative fees and security deposits, however, are often refundable under specific conditions stated in the lease or rental agreement. If you canceled your application within 48 hours, the terms of the lease or application would... View More

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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What's the best course of action when the execurtor and applicant is removed from the probate and wit of possession pen

Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 25, 2023

The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: IS IT OUT OF JURISDICTION FOR A JP COURT TAKE AN EVICTION CASE THAT INVOVLES A DEED?
T. Augustus Claus
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answered on Sep 6, 2023

The jurisdiction of a Justice of the Peace (JP) court can vary depending on the state and local laws, and the specific details of the case. In many jurisdictions, JP courts have limited jurisdiction and typically handle cases involving small claims, landlord-tenant disputes, and other minor civil... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Can I terminate my lease if my A/C is constantly breaking?

My A/C unit goes out once or twice a week leaving us to call maintenance to fix it but they do not get to the issue till the day after leaving us in an 80+ degree apartment. This issue has been going on for the two months we have lived in the apartment, they promised a new A/C unit would be... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Some cities in Texas have local ordinances which require landlords to keep AC systems in good repair. Most specify that the system must keep the premises 85 degrees Fahrenheit or cooler to comply with the ordinance. You can report the landlord to the city housing authority to enforce the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: i was evicted today i have till 29th to get out my landlord was standing in my carport looking around when i got home

hes trying to intimidate me like he usually does. is it legal for him to just stand around my house for nothing or should i call the cops

\

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

If he's just standing there, I wouldn't waste law enforcement time. If he starts to physically assault you, I would call 911.

If he's wasting his time trying to intimidate you, ignore him. He may just be legitimately checking on his property to make sure you do not damage...
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2 Answers | Asked in Small Claims, Landlord - Tenant and Probate for Texas on
Q: Not sure what type of law my case falls into.

my uncle served me with an eviction notice to move out my grandmothers house who passed away 3 years ago. Im not sure what documents he has because he is a half uncle that has never had any ties to my grandparents nor the house. my mom and aunt were the only two that my grandmother passed the house... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

The eviction involves landlord-tenant law. The matter of ownership involves probate law. Good luck

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2 Answers | Asked in Small Claims, Landlord - Tenant and Probate for Texas on
Q: Not sure what type of law my case falls into.

my uncle served me with an eviction notice to move out my grandmothers house who passed away 3 years ago. Im not sure what documents he has because he is a half uncle that has never had any ties to my grandparents nor the house. my mom and aunt were the only two that my grandmother passed the house... View More

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

It squarely falls within eviction law from your perspective. You definitely need your mom and aunt to appear in court to show they inherited the house from your grandparents and to state you have permission to live there. Your grandmother’s probate record ought to clearly establish who... View More

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