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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 Civil Rights and Landlord - Tenant for Texas on
Q: What if I get locked put of my apartment of an intruder committing intrusion The deadbolt lock to my apartment has nokey

My claim iam an illegal alien living a life of compliance in lubbock texas

James L. Arrasmith
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answered on Oct 20, 2024

If you find yourself locked out of your apartment because of an intruder, your safety is the top priority. First, ensure you are in a secure location away from any immediate danger. Call 911 to report the intrusion and let the authorities handle the situation. They can provide protection and help... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Texas landlord will not give back rental deposit/pet deposits after 60 days, but we never received a lease renewal

My landlord will not give us back our rental and pet deposits even though it has been over 60 days since we moved out of our rental house. However, I'm not sure what legal ground we have considering even after asking multiple times, our landlord did not provide us with a renewed lease for the... View More

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

You can sue the landlord in small claims court under Section 92.109 for retaining your security deposit in bad faith. Potential damages include $100 plus 3X the portion of the deposit wrongfully withheld plus attorney fees (however, you do not need an attorney in small claims court).

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I got rental assistance from a church. The check takes 2 weeks to mail. Can they still evict me or make me pay?

The property manager is the one who told me to call this organization to help. She is telling me now I have to balance or she will file for eviction. They have already mailed the check out. She just hasn’t received it.

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

A landlord can evict a tenant if the tenant fails to timely pay rent as agreed in the parties' lease agreement.

2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What are my chances of winning in JP Court after breaking a lease due to uninhabitable conditions where I had to a Doc.

The house was infested with fleas I was bitten over 80% of my body I went to the doctor I took pictures also sent them to the landlord without any response. He sent me a letter afterwards and also text me saying that don't mistake his kindness for weakness. Here in Texas the amount starts at... View More

John Cucci Jr.
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answered on Sep 5, 2024

It was hard to determine exactly what you were asking about. Winning an Eviction trial, or winning a damages case for negligence or breach of contract by the Landlord when he refused to remedy the bug problem in your apartment.

If it is about an Eviction trial coming up, your lease will...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can you be fined for unauthorized occupants?
John Michael Frick
John Michael Frick
answered on Sep 4, 2024

If you agreed in your lease to such a fine, yes. Otherwise, an unauthorized occupant would just be a breach of lease which the landlord could enforce by terminating the lease or by exercising any other remedies provided in the lease.

1 Answer | Asked in Bankruptcy, Contracts and Landlord - Tenant for Texas on
Q: Will signing a updated lease effect my bankruptcy case and look unfavorable in eviction court?

so ive been struggling financially for a few months now which has caused me to fall behind on bill including rent. i received a notice to vacate but it hasnt gone further in court yet. i recently filed bankrupt including my past due rent. today my landlord practically forced me to sign a new lease,... View More

James L. Arrasmith
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answered on Aug 30, 2024

Signing an updated lease after filing for bankruptcy can have potential implications, but it doesn't necessarily mean it will negatively impact your case. If your landlord pressured you into signing without a thorough review, this could raise questions about the validity of the agreement,... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I am a landlord in the process of evicting a tenant for non payment of rent. We have done the legal process via the JP

Court and the County Court who she appealed to then rejected her appeal and sent it back to the JP Court. She has since filed for bankruptcy - can we proceed with issuing the Writ with the JP Court or because of her filing bankruptcy are we prohibited to filing the writ and having the constable... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

The bankruptcy does not stay the issuance of the writ of possession.

1 Answer | Asked in Family Law, Real Estate Law, Small Claims and Landlord - Tenant for Texas on
Q: Me & my ex partner separated shortly after buying a home together we only lived together in the house for a month.

She refuses to vacate the property, list for sale, and remove herself from the deed. I called the bank to remove my bank information for the monthly payments but they stated it had be authorized by both which she is not cooperating. I had a lawyer I was working with but he has been stating for the... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

When two or more persons own a home together, each owner has the right to occupy the home absent a written agreement to the contrary signed by all of the owners. An owner can only sell that owner's interest and it requires all of the owners cooperating together to sell the entire interest in... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Do I have to move out by the specific time my landlord stated, when my lease doesn’t have a specific time?

My lease is up on July 31st, this month. My landlord sent email stating that I have to move out on that day by 12pm or I will be charged $200+ for a late move out fee. But, the thing is, in the lease there is no specific time, only the date, the 31st. She said they advertised that you have to move... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

The landlord is incorrect. What matters is what is stated in the lease agreement, not what is stated in the advertisement.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My lease is due in a month for renewal land lord told me I had 15 minutes to renew at a specific rate

New lease includes a $300 monthly increase I want to rent another place am I obligated to new lease which I signed under great pressure

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

If you signed a new lease, you are obligated under the new lease until it terminates.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Re: Chapter 24 - Forcible Entry and Detainer Section 24.0061. Writ of possession Does court have to notify me?

I could not attend the hearing and I did not know what the judgment was.

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

Yes. A constable must physically deliver the writ of possession to you at the premises either by handing it to you in person or by posting it on the main entry door.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Tenant living in same house

Tenant living in same house hasn’t paid rent in 2 weeks and has not moved after I gave notice.

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

If you are the Landlord and have given proper written notice as required by law, you can file an eviction lawsuit in justice of the peace court.

1 Answer | Asked in Family Law and Landlord - Tenant for Texas on
Q: What do I need to do to get someone off my land that has moved in and won't leave
John Michael Frick
John Michael Frick
answered on Jul 3, 2024

File an eviction suit in the justice of the peace court for the county and precinct where the land is located.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What to do if landlord breaches your lease?
John Michael Frick
John Michael Frick
answered on Jun 26, 2024

Sue the landlord for breach of the lease seeking whatever damages you sustained as a result of said breach.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: in texas is it legal for someone not on your lease to call your landlord and attempt to get personal info about you
John Michael Frick
John Michael Frick
answered on Jun 21, 2024

Yes, it is legal. There is no law which prohibits them from calling your landlord or anyone else to try to get that information or that requires your landlord to provide it to them.

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