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Texas Landlord - Tenant Questions & Answers
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

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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

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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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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1 Answer | Asked in Landlord - Tenant for Texas on
Q: My landlord did not make ready house as promised. After certified mail does he have to fix everything or I can move out?
John Michael Frick
John Michael Frick
answered on Aug 19, 2023

If the landlord has not completed agreed make ready items, DO NOT MOVE IN.

Before you move in, you can reject the premises as not conforming to the premises promised by your landlord in your agreement.

But once you accept the premises, sign a lease and move in, the balance of power...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apartment manager told me I couldn’t have my pets in the pool, but on the pool rules specifically state pets are allowed

Then she falsely accused of having my animals in the pool when they never were in the pool, and assumed that they were not on a leash.

So therefore I took my pet home

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

Your legal rights and obligations depend on what your lease agreement says. It is not uncommon for a lease to say tenants will abide by any rules. If there is a sign that says pets are allowed but a property manager told you otherwise, I would send a letter to your landlord pointing out this... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law and Civil Litigation for Texas on
Q: I was recently involved in an unlawful eviction & lost all my possessions during this. Who do I sue?

I was not a resident but was the one that they caught at home and made me leave with what I could carry and they threw out the rest. They wouldn't allow me to return to get my things. I have a lot of other details to include

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

There is a disconnect in your question. If you were not a resident, how were you evicted--lawfully or unlawfully. Why would you have more things in the premises than you could carry is you were not living there?

You may or may not have a valid claim, but ascertaining who may be legally...
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2 Answers | Asked in Landlord - Tenant for Texas on
Q: Our Landlord in the rented house is causing us mental fatigue, loss of health and other seriou issues. what we can do

We moved in about 3 months ago in a very large house 2950 sq ft. 2 story. Landlord told us to wait 2 weeks so that he can install carpets and fix other things. we said OK. After 2 weeks or so we moved in. Our AC was not cooling the second floor 3 rooms and downstairs 3 rooms. The garage door was... View More

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

IMO you have a very weak claim against your landlord. I recommend you take him up on the eviction, move out, and find new premises that are more suitable for your needs.

There is a process to follow set forth in chapter 92 of the Texas Property Code if a landlord refuses to make necessary...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: In Texas, is it legal to not refund an application deposit after denying a rental application?

I have found that section 92.351 defines an application deposit that is refundable. I am trying to find law to cite and attempt to just get my deposit back from an apartment complex attempting to claim they will not refund this. I made it clear and understood that the application fee is lost and... View More

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

Section 92.351(1-a) defines an application fee as a nonrefundable fee. Section 92.3515(a) requires the landlord to give the tenant notice of the landlord's tenant selection criteria. If the landlord fails to give that notice, the application fee (despite being called nonrefundable) or an... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: Our lease ended 7/1/2023 and our security deposit hasn't been refunded. They will not return our calls or emails.

Do we have any recourse?

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

Yes. You can sue them in small claims court under the Texas Property Code for refusing to refund your security deposit. You will need to prove the amount of your deposit, that your lease ended when you say it ended, and that you timely provided your landlord with your new address when you... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Is it legal to change an approval of an apartment application after knowingly that the person had an eviction?
T. Augustus Claus
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answered on Aug 4, 2023

In Texas, as in many states, it is generally legal for a landlord or property manager to deny an apartment application if the applicant has a history of eviction or other negative rental history. However, once an application has been approved, it is generally not permissible to change the approval... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it legal for a self-storage facility to lease or rent out units that do not lock
T. Augustus Claus
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answered on Jul 31, 2023

In Texas, self-storage facilities are generally required to maintain a duty of care to protect the property of their customers. While there might not be a specific law stating that self-storage units must have locks, it is generally considered a standard practice and a matter of safety and security... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I ask the landlord to pay for my hotel fees due to landlord not repairing a/c for 3 days, extreme heat unsafe

Heat advisory over 105 degrees a/c stop working landlord did not repair for 3 days. Had to get a hotel, the heat was unbearable and effected my health. I want to deduct hotel cost for 3 days out of next month rent can I do that

T. Augustus Claus
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answered on Jul 21, 2023

In Texas, tenants have certain rights regarding habitability and repairs. If your rental property becomes uninhabitable due to the lack of essential services like air conditioning during extreme heat, you may have the right to request repairs and potentially seek compensation for alternative... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I'm 73 and my apt a/c hasn't worked in about 3 weeks. Its 90 degrees there and my landlord is not responsive.

I was hospitalized 6/29 -- 7/4. I cant go home because it's 90 degrees there and hospital staff is warning me to stay away. What should I do? Escrow next months rent? Get ugly? (Don't want to). Call Bruno and Dominic to apply pressure? (Also not something I want to do). Interviewed by... View More

John Michael Frick
John Michael Frick
answered on Jul 13, 2023

My recommendation is that you send a written demand to your landlord notifying it of the problem with your A/C and demanding that the landlord timely make repairs and notify you upon completion. Your lease may have specific provisions concerning such a notice, so carefully read your lease and... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Does our landlord have to compensate us for broken A/C during heat advisory?

We rent a house in Texas and were displaced for 14 days due to the A/C not working during a heat advisory. The property management company said via text that we would get $25/day deducted from our rent for each day the A/C is out. It has been two weeks since the issue was fixed and we have already... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2023

You may be able to sue the property management company based on the text. The amount is well below the small claims court jurisdictional limit of $20,000, so you can file suit in a justice of the peace court under its small claims jurisdictional amount without hiring a lawyer.

A word of...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I'm a 60 yr.old.disabled lady on ssi.i was living with a friend who has gone to jail for at least 3 months.i was paying

Him 500 dollars month.plus all utilities have been in my name.a wk.ago when my friend went to jail I spoke to landlords who were ok with me staying on in the house so it wouldn't be open to vandalism. I didn't know my friend was behind on rent a few months.well after they said all was OK... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

It seems likely that the landlord simply wants the rent brought current. A landlord cannot evict a tenant with only two-weeks notice other than for non-payment of rent. You say that you are able to pay rent. I recommend you contact the landlord, find out exactly how much is owed to bring the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I HAVE A THREE WHEELED BICYCLE THAT YOU LAY DOWN ON AND RIDE . IWAS TOLD I COULD NOT HAVE IT IN THE APARTMENT I STAY IN

I ASK WHY MY BIKE IS BEING DESCRIMINATED AGAINST AND GOT NO ANSWER I WAS TOLD TAKE MY BIKE COUTSIDE OR BE WROTE UP.

John Michael Frick
John Michael Frick
answered on Jun 28, 2023

It is not uncommon for landlords to include in their lease agreement a requirement that the tenant abide by the rules of an apartment complex, and it is not uncommon for those rules to prohibit storing bicycles of any type, or of a particular type, inside the premises or on balconies.

Read...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I sue an apartment complex. My apartment was broken into and a lot of my things were stolen.

There are inadequate security measures in place. Tenants are not safe from violence and crime. There are no security cameras around the property, no security guards, and lack of good lighting around the property. There was a big shooting on the property were tenants were evacuated from the... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

Whether you will be successful depends on numerous factors. Sections 92.151-92.170 define a landlord's responsibilities when it comes to security devices for leased premises. Your lease agreement can impose additional responsibilities, but most don't. Your lease may also contain an... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I was served a writ of possession 2 days ago. I filed a motion to stay writ of possession. Can the constable still show
John Michael Frick
John Michael Frick
answered on Jun 22, 2023

Yes, the constable can still show. The filing of the motion alone does not stop the writ of possession. You need to secure an Order from the court staying the writ of possession. It would be error for the court to grant your motion if you have not deposited a supersedeas bond in the amount set... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I had a leak for months at my apartment after they fixed it but now it leaked again and it's worse what can I do?

The HOA has been called and it's turned into a big project of taking the whole living room wall needs to be redone for both water damage and termites and it has spread to the bathroom and the closet. They refused to put us in a hotel making us out to be bad for calling the HOA when the leak... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

It's odd that an HOA is involved with repairs to an apartment. Typically, the management company managing the apartment complex would be responsible for repairs to leaky plumbing and a tenant would contact his/her renter's insurance company to handle any claim associated with water... View More

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