Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
answered on Jun 13, 2024
Yes, unless you have received a criminal trespass notice from the landlord or tenant.
answered on Jun 12, 2024
You can use any of the available methods to collect any money judgment, e.g. writ of execution, garnishment of bank accounts, etc.
answered on Jun 6, 2024
A hotel can be liable for certain types of injuries and damages depending upon the facts and circumstances which caused them. But a hotel is not an insurer.
I live in an apartment building. Above me I can hear babies crying non stop, loud stomping noises, and below there is 3 dogs that bark non stop. It wakes me up every morning at 3 even when I turn on the tv. I told my leasing agent about these ongoing issues multiple times, but nothing is getting... View More 
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answered on Mar 26, 2024
In situations where noise interferes with your quiet enjoyment of your apartment, the lease terms cannot override state laws or local ordinances regarding your right to quiet enjoyment. In Texas, the law of quiet enjoyment is implied in every residential lease, which means that excessive noise that... View More
Landlord claimed to have filed notice to vacate but it was never posted on my door it was not sent via mail or certified mail dude shows up to court with a notice to vacate for Nov 15th no date on his signature for vacate notice provided in court and he said he does not know how it was delivered... View More
answered on Mar 6, 2024
If the JP believes that the notice to vacate was not properly provided, the JP most likely will deny the eviction. If the JP makes an erroneous ruling in this regard, the tenant can appeal the JP's decision to the county court.
My father owns the house and is ok with me staying. He no longer wants her to stay there. What can he do legally?
I am a landlord in Dallas, Texas. I had a tenant under 18 months lease agreement starting November 1st 2023 to May 1st 2024. The tenant paid $7500 cash before moving in. $7500 included first and last month rent (rent was $3500 per month) and $500 security deposit. He did an early termination from... View More
answered on Feb 19, 2024
Since the amount involved is under $20,000, you should file a small claims case against him in the JP court for the precinct where the property is located.
answered on Feb 13, 2024
When property is leased to two individuals, each individual has the right to possession of the premises and can independently allow guests to enter and remain on the premises as long as doing so does not violate an express term of the lease.
Hello,
Due to financial issues, I'm in an eviction process. I filed for chapter 13 which granted me a stay. The apartment management lifted the stay at a hearing on Jan 10th. I was given 14 days to move out. I plan on moving but finances and time are making it immensely difficult. the... View More
answered on Jan 25, 2024
It depends on where you are in the eviction process. If a writ of possession has already been issued by the court, the constable will customarily serve the writ and give you 24 hours to remove your possessions from the premises.
I paid rent for December and she asked me to leave by Jan 31st and she's still asking me for Jan rent
answered on Jan 3, 2024
If you are on a month-to-month, your landlord is required to give you 30-days advance notice of the termination of your lease unless your lease requires a longer period of advance notice. You are obligated to continue pay rent through the end of your lease.
I want to take pictures as they have removed my personal property. They have threatened to burn house down if I kick them out. Electric is in their name because my husband's electric was turned off as the bill was 2599., water meter has been removed as they had it turned back on after non... View More
answered on Dec 26, 2023
Unless the tenants allow you to enter the property or you have a written lease agreement in which the tenants allow the landlord to inspect the property, you have no right to enter the property. You will have to evict the tenants first.
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
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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.... View More
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
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... View More
I have a property management company who is threading to stop useing my services because I told the tenant then water heater needs replacement. I have a special needs child and a split if wife . They constantly threaten me with this as I am a new company ? But have worked with same property... View More
answered on Nov 7, 2023
I see no legal issue. A property management company can stop using a plumbing contractor if they want to. A plumber can tell a tenant a water heater needs to be replaced if it does.
Atty told landlord to refuse to accept rent for 33 months due to a pending appeal for holdover. Full payments were returned. 1 partial payment was accepted. Atty filed for possession of the unit due to non-payment to circumvent the eviction for holdover because "it wasn't a real eviction... View More
answered on Nov 3, 2023
It would need to be filed in the justice court in the eviction proceeding while the justice court still retains plenary jurisdiction.
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
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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
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.
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... View More
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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... View More
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
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
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