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The landord is now aware of the dogs and is threatening to either absolve the lease or change it and increase the rent by $200. Can he do that?
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answered on Jan 18, 2024
In Texas, if you have signed a lease via DocuSign and have two emotional support animals (ESAs), the landlord is generally bound by the terms of the lease agreement. The landlord's representative handling the process and the use of DocuSign are common practices in modern leasing transactions.... View More 
I have lived in my current apartment for years now but have always had trouble with the office staff. Currently, I'm living in my apartment without a renewed lease because they have yet to make one for me to sign. My lease expired 4 months ago, and went up $200 as well if I were to renew,... View More
answered on Jan 17, 2024
Most residential leases are set to shift to month-to-month status after the expiration of the original contract and require at least a full 30-days notice prior to move-out. You’ll want to take a look at the fine print in your original lease to make sure there aren’t any alternative... View More
My gf at the time helped me rent an apartment by using her credit, essentially leasing the place in her name but I paid the deposit and rent. I was added as an adult occupant however when the relationship soured I left and I voluntarily removed myself from the lease. The apartment is in Houston... View More
answered on Jan 16, 2024
Typically any portion of a security deposit due back to the occupant at the end of the lease is returned to the named leaseholder. You may want to consult with the leasing office to determine your status as it relates to the security deposit. If you signed the lease with her, you may be entitled to... View More
What can I do?
answered on Jan 14, 2024
So many questions for a seemingly simple situation. Assuming this is an adult, non-household resident, not living there with your GF, and your GF doesn't approve of his drug use; call the sheriff or local police agency so that they can assist you in removing this person and hear any threats... View More
I’m behind on my payments . The letter I got telling me about the auction stated that I had until January 10th to pay or my storage would be auctioned on January 11th online . I randomly checked the auction website on January 6th and my storage was already posted as being up for sale . They also... View More
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answered on Jan 10, 2024
In Texas, self-storage facilities typically have the right to auction off a tenant's storage unit contents if the tenant falls behind on payments. However, there are legal procedures and timelines that must be followed. If the storage manager has removed items from your unit before the... View More
My son is under a 12-month lease agreement on a newly constructed apartment building adjacent to a college campus. Move-in was mid August but was delayed several weeks due to construction delays. At move-in the many construction items were still not complete and complaints from residents led to... View More
answered on Jan 8, 2024
It depends on the particular facts and circumstances of your case. One "bright line" rule is that if a certificate of occupancy ("CO") was not issued, your son could reject the lease for not yet being suitable for occupancy. The lack of completion of items could have an effect... View More
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answered on Jan 8, 2024
In your situation, withholding rent due to an unresolved issue with taxes can be legally complicated and might not be the best initial course of action. Tenant rights and landlord responsibilities vary by location, and specific laws in Austin, Texas, govern these matters.
Firstly,... View More
My daughter and her fiancé applied through a property management company for an apartment. When she called to check on the status, she was told that they did not meet the age restrictions because they have a 3 month old daughter and their application was denied. I called the office to verify, and... View More
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answered on Jan 4, 2024
Under the Fair Housing Act, it is illegal for housing providers, including property management companies, to discriminate against tenants on the basis of familial status. This includes refusing to rent to families with children under a certain age, unless the property qualifies as housing for older... View More
I stopped by 12/12 to inquire was given my final account and check request paperwork, was told because they took so long they would not charge me for the carpet cleaning bringing my refund to 2100 instead of the 1900 previously stated. This was my last conversation face to face 12/18 and i still... View More
answered on Jan 2, 2024
As long as a tenant provides the landlord with the tenant's forwarding address, the landlord must refund the tenant's security deposit, along with a written description and itemized list of all deductions, within 30 days of the date the tenant surrenders the premises. A landlord who... View More
I stopped by 12/12 to inquire was given my final account and check request paperwork, was told because they took so long they would not charge me for the carpet cleaning bringing my refund to 2100 instead of the 1900 previously stated. This was my last conversation face to face 12/18 and i still... View More
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answered on Jan 2, 2024
If you provided notice on August 21, moved out on October 19, and your lease officially ended on the same day, you are entitled to the return of your security deposit. Despite multiple attempts to discuss the deposit, you only received information during a face-to-face meeting on December 12.... View More
Texas. I owe a balance of to my landlord for alleged damages and he said he will send me to collections. I have video evidence there were no damages and the balance has a current petition in small claims court. I have not paid the balance. Can he still send the unpaid balance to collections while... View More
answered on Jan 2, 2024
The collections process generally begins with demand letters for payment of the debt and reporting of the debt to credit bureaus, and then moves into legal action. These are not mutually exclusive, so they may occur simultaneously.
Small claims cases proceed fairly quickly in Texas. If you... View More
Texas. I owe a balance of to my landlord for alleged damages and he said he will send me to collections. I have video evidence there were no damages and the balance has a current petition in small claims court. I have not paid the balance. Can he still send the unpaid balance to collections while... View More
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answered on Jan 2, 2024
In Texas, while your case is being petitioned in small claims court, the landlord has the right to pursue the unpaid balance through collections. The legal process for collecting a debt and the small claims case are separate matters. If the small claims court rules in your favor and determines that... View More
I recently applied for an apartment in Texas. I paid an application fee and deposit, totaling $850. I decided on another property and notified this property that I would no longer need the apartment. They said they are then allowed to keep my entire deposit because I canceled my application after I... View More
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answered on Dec 29, 2023
Typically, landlords are entitled to keep application fees to cover the costs associated with processing the application, such as background checks and administrative expenses. However, retaining the entire deposit if you decide not to move in may be subject to the terms outlined in the lease... View More
There’s cameras which they do not want to show footage of
answered on Dec 27, 2023
In most lease agreements, the parties agree that the landlord is not responsible for thefts occurring on the complex premises.
In the absence of such an agreement, you will need to show that either the landlord agreed to undertake the security measures mentioned in your question or that... View More
They quoted us $1,498 for a 14 or 15-month lease. They said the pricing was incorrect when I responded to renew us at the 14-month deal. Should they have to honor that original pricing?
The pricing they corrected it to is $1,869 a month for a 14-month lease.
answered on Dec 27, 2023
Because the lease is for longer than one year, a written lease agreement is required to hold either party to the terms. Without a written lease signed by them, you cannot hold them to the quoted renewal rent. You can holdover and pay whatever rent is required under your existing lease as a... View More
I moved to a apartment in June Since day one I always had problems with the apartment. The A/C unit was not working it was heating instead of cooling and the temperature was always above 85 degrees in the apartment. I have put in a request manys times, called them multiple times. The service guys... View More
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answered on Dec 20, 2023
First: Keep records and pictures of all problems and broken items, and other losses, as you may need proof in court one day.
If you were my client, I would send your LL a lease termination letter listing all problems and breaches of the lease by LL.
I would then make sure you have a... View More
My fiance just signed a contract for a tenant. The landlord didn't ask for a criminal background check just wanted to know who was staying in the home. I have a criminal background so now after we gave up the deposit and 1st month rent the landlord is saying that I might not be able to live... View More
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answered on Dec 17, 2023
In your situation, it's essential to first review the lease agreement that your fiancé signed. Check if there are any clauses regarding criminal background checks or requirements for tenant approval. If the lease was signed without such stipulations, the landlord's later refusal to allow... View More
answered on Dec 1, 2023
A landlord duty to repair or remedy, what notice a tenant is required to give, how much time is allowed, and when a tenant can make repairs themselves and deduct the cost from their rent are painstakingly detailed in Sections 92.051-92.062 of the Texas Property Code. These are fairly detailed,... View More
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answered on Nov 30, 2023
Your written lease would probably have this issue explained. If the lease does not have any reference to this situation, you can call, and text or write your landlord about the specific danger and the specific problem and state that if they do not correct the danger within 24 hours, you will do so... View More
I requested to break my lease and they are trying to force me to sign a release form within 72 hours and I don't understand what the form it means. I told them I would prefer to have a lawyer review it prior to signing.
answered on Nov 29, 2023
Barring very unusual language in your lease, you likely do not have the legal right to break your lease. You do, however, have the legal right to refuse to sign a release.
Your landlord can choose to allow you to break your lease, but is not legally required to do so, and may require you... View More
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