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Texas Landlord - Tenant Questions & Answers
2 Answers | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More

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2 Answers | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Can the office at my apartment complex demand that i sign some paperwork regarding my portion of rent (housing).

Apparently there were changes done in January. We are now March. He won't let me read the forms "changes" or none of the paperwork. He wants me to sign it and not date it. I told them i would not sign them without reading first but he won't give me a copy either. He said he... View More

James L. Arrasmith
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answered on Mar 14, 2024

If your apartment complex office is demanding that you sign paperwork without allowing you to read it first, this is a concerning situation. You have the right to fully understand any documents you are asked to sign, especially when they relate to your housing and financial obligations. Here's... View More

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2 Answers | Asked in Landlord - Tenant for Texas on
Q: I received two notices to vacate. Does the law consider the first or second to be the active, effective one?

The first notice met all legal requirements and gave me 3 weeks to move out. The second was mailed to me by a legal aid attorney a month after the move out date in the first one. It fails to meet several legal requirements of a notice to quit. Can I use that in court to have the case dismissed? Is... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations involving notices to vacate, the legality and enforceability of such notices typically depend on the specifics of local tenant and eviction laws, which can vary greatly. If the first notice met all legal requirements and was properly served, it generally remains effective and... View More

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2 Answers | Asked in Landlord - Tenant for Texas on
Q: I received two notices to vacate. Does the law consider the first or second to be the active, effective one?

The first notice met all legal requirements and gave me 3 weeks to move out. The second was mailed to me by a legal aid attorney a month after the move out date in the first one. It fails to meet several legal requirements of a notice to quit. Can I use that in court to have the case dismissed? Is... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

The law does not preclude a landlord from giving multiple notices to vacate. For purposes of determining whether the landlord complied with the legal prerequisites for a notice, any legally correct notice is sufficient, but the landlord will be held to the contents of that notice. So, for... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

James L. Arrasmith
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answered on Mar 30, 2024

The UTMA, or Uniform Transfers to Minors Act, facilitates the transfer of assets, including real estate, to minors without the need for a formal trust. Generally, this law allows minors to receive gifts or transfers of property through a custodian until they reach the age of majority, which varies... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Would it be ideal to pay an attorneys fee for a demand letter that we are needing to send to a past landlord?

Our previous landlord is part of an investment company. They invest in properties. We had made a negotiation to end our lease early due to the home not being livable per say. Incidents kept happening with he home and the landlord agreed to let us out early. Come a few months later, we are sent a... View More

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

You likely do not need an attorney in this situation. You likely can write your own letter directed to whomever sent you the bill stating that you do not owe the bill because the landlord agreed to cancel the lease early without penalty. You should include a copy of the bill you received so they... View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: My car was stolen from my apartment complex can i sue my complex?

multiple cars have been stolen from the same complex before and after mine was stolen. the apartment complex was made aware of my car being stolen and my neighbors car being stolen. we are located in texas. or is there any way to force the complex to fix the gates

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

It is possible in good faith to sue an apartment complex under the circumstances you describe as long as you have not waived any right to do so in your lease. You will need to prove that the owners and/or property managers of the complex were aware of the previous car thefts and were aware of the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can you get a motion to stay writ of posession granted if there were errors made in court due to improper notice vacate

Landlord bamboozled my family got our money never fixed anything there ended up being mold no electricity in parts of the house kids room included major water leaks and damage ant infestation and it goes on and gets worse I have proof of all of this landlord admitted when asked in court if he had... View More

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

First, the mold, lack of electricity, water leaks, ant infestation, etc. are not relevant in an eviction case. The most common reason for an eviction case is non-payment of rent. If a tenant is not current on rent, the landlord has no duty to repair. Even if a landlord has a duty to repair, a... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: What does it mean by "no longer have available lease space for the next year"?

I have lived in my current apartment in Texas for about three years. It's been a 12-month renewal for the last two years, but I was offered 11 months this time. They said they couldn't offer a 12-month lease because they no longer have spaces available for more leases for the next year,... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

The phrase "no longer have available lease space for the next year" is not a legal term and has no specific legal meaning.

Many apartment communities that work on a leasing grid want the number of renewals (and therefore number of possible move outs) to be even across every...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I have any recourse if the apartment management will not make any agreement for me to terminate lease early?

We want to purchase a home, and the closing date is 30 days from time of agreement, but rental lease calls for a 60-day notice. Management also will not make any conciliations apart from terms of lease, such as converting to a month-to-month lease rather than a term lease. We need to terminate our... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If your lease allows subletting and you can find a will subtenant, you may be able to sublease your apartment for the remainder of your lease term.

You may also consider postponing your closing date.

You may also consider short-term leasing of your home such as through VRBO or...
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1 Answer | Asked in Small Claims and Landlord - Tenant for Texas on
Q: Can I sue my ex for keeping my possessions and not allowing access after wrongful eviction/writ of possession

I need to know if I have any grounds to be able to sue my ex boyfriend for both A.) wrongful eviction & B.) not allowing me my possessions, and then after being granted the eviction & writ-(due to the fact that he had the papers served to his place, and I never got any of them) he then... View More

John Michael Frick
John Michael Frick
answered on Feb 22, 2024

In order to state a claim for wrongful eviction, you will need to plead and prove you were evicted based on your race, sex, national origin, disability or family status, or that the eviction was in retaliation against you for filing maintenance requests or complaints about the condition of the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: The owner wants only verbal lease - nothing in writing for his house I want to lease for a year in texas, is this Ok
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The Texas statute of frauds only requires a lease to be in writing if it is longer than one year. So you legally can lease a house for one year without a written lease.

It may not be the smartest thing to do. Usually it is best for the landlord and tenant to put into writing the substance...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: If you rent a townhome in Texas, the sliding glass door has been broken since October, really before, you notified them

In Oct 2023, and other problems. They said they cannot afford to fix. Can I get out of early lease termination!

John Michael Frick
John Michael Frick
answered on Feb 14, 2024

Sections 92.056 - 92.0563 of the Texas Property Code outlines the procedure to follow if the landlord is responsible for the repair of the sliding glass door under the terms of your lease. Follow that procedure exactly.

Until the landlord makes the repair or use exercise one of your...
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1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

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

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Water is allocated @ property & management is knowingly letting non tenants use & charging tenants.
T. Augustus Claus
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answered on Feb 7, 2024

In Texas, if property management is knowingly allowing non-tenants to use water that is allocated for the property and then charging tenants for this usage, it may be considered a violation of the tenants' rights under Texas law, specifically regarding utility billing and the allocation of... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Been in rv park in breham tx It has been paying on the 6th for 10 months. Under motel laws what are my tenants rights

I have been paying monthly for 8 months in the motels laws of Texas it states that after 30 days you are conceder a tenant and must be evicted

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The answer to your question depends on whether you are a tenant or guest under your contract with the RV park. The question of whether RV occupants are tenants or guests is an important one and depends on the circumstances of the occupancy. In Texas, most RV parks operate like apartment complexes.... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I rent a place that is run by a management company and they have given me a “1 Day” notice to vacate for unpaid rent!

I rent from a property management firm that is guilty of overcharging late fees on many occasions and falsifying the records of payments and fees paid that are beyond the scope of accounting errors and punitive in late fee fees that are fraudulently reported and over the Texas maximum on several... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

You should hire an attorney in or near the county where the property is located with experience in residential landlord-tenant law and be prepared to pay a reasonable hourly fee for their services. Depending on where that is, expect to pay an hourly fee of somewhere between $300-600. A property... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I sue a landlord if I haven't received the security deposit after 30 days? Or do I need to wait 10 days afterwards?

I would like to know if I need to take the mailbox rule in account.

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

I recommend considering "the mailbox rule" in your calculation.

While there is a presumption that a landlord is acting in bad faith if it does not refund a security deposit within thirty days, it is a rebuttable presumption. Which means that if the landlord mailed it, you sue,...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Mental harassment by flatmate

My flatmate has been mentally harassing me. He pays utility bills but is not willing to share the account details with me. Our apartment complex charges us for internet but he has the Xfinity account under his name. He is not willing to share that as well. He also does other stuff like throwing... View More

James L. Arrasmith
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answered on Jan 21, 2024

In your situation in Texas, dealing with a difficult flatmate can be challenging, but there are steps you can take to address the issues you're facing. Firstly, try to communicate with your flatmate calmly and express your concerns about the shared expenses and his behavior. Attempt to reach... View More

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