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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: Was told my job is no longer offering bigger discount on rent for my position. My lease still states that they do.

My lease reflects that I receive a standard 20% off my rent. I’ve recently been promoted to lead maintenance. In the lease it states that lead maintenance can get either a free one bedroom or a higher discount for larger apartments. It was never formally brought to my attention that the employee... View More

John Michael Frick
John Michael Frick
answered on Oct 12, 2023

A lease is a contract that is binding on both parties. If you choose to pursue this matter, your best cause of action would be for breach of contract under the lease.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What rights do I have as a tenet that is trying to be evicted?

Need to speak with someone

T. Augustus Claus
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answered on Oct 6, 2023

In Texas, if a landlord wants to evict a tenant, they must provide written notice to vacate, typically giving a three-day window. If the tenant doesn't comply, the landlord must then file an eviction lawsuit in a local Justice of the Peace court. Tenants have the right to a court hearing, and... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: A leasing company does not want to return my admin and app fee and security deposit

I have cancelled my leasing application within 48 hours. What can I do?

John Cucci Jr.
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answered on Sep 26, 2023

Your question is if you can get a refund b/c you never moved in and have decided not to take the apartment. I'm just making sure I have the facts correct.

I don't believe you are entitled to your application fee, if they reviewed it or went through it with you.

The Admin...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I appealed an eviction but couldn’t pay on the day I was supposed to. Can I file a motion to stay eviction? Or a motion
T. Augustus Claus
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answered on Sep 25, 2023

If you've appealed an eviction but couldn't make the required payment, you may still have some options depending on your jurisdiction and the specifics of your case. Filing a motion to stay the eviction could be one approach, where you request the court to halt the eviction process... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What's the best course of action when the execurtor and applicant is removed from the probate and wit of possession pen

Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More

Ronald Lee Baranski Jr
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answered on Sep 25, 2023

The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: will this court date show up on my rental history when I apply for a new apartment?

I just found out today my landlord is taking me to court for back rent when I’ve been waiting months to hear from them so I could apply for rental assistance. They never said anything to me but today all of a sudden my case got filed. After months of not being able to pay the rent.

I... View More

John Cucci Jr.
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answered on Sep 21, 2023

You have it right. If there is a judgment against you it will be a public record. However, simply filing an eviction or other case for rent will not show, unless you go to trial and lose.

I hope this helps.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord in Texas sell a house with a current binding lease holder and transfer ownership ?

If a lease is not allowed to be modified or changed, then how can there be a modification in ownership? Not trying to be argumentative just curious how that law applies?

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

Yes. Property owners often transfer income-producing rental properties to new owners. Most leases provide that they are assignable to new property owners.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: IS IT OUT OF JURISDICTION FOR A JP COURT TAKE AN EVICTION CASE THAT INVOVLES A DEED?
T. Augustus Claus
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answered on Sep 6, 2023

The jurisdiction of a Justice of the Peace (JP) court can vary depending on the state and local laws, and the specific details of the case. In many jurisdictions, JP courts have limited jurisdiction and typically handle cases involving small claims, landlord-tenant disputes, and other minor civil... View More

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

\

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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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 Real Estate Law and Landlord - Tenant for Texas on
Q: The management of my apartment complex is forcing the tenants to relocate to another of their properties because they're

gutting the complex. If I don't want to live in another one of their apartments and get an apartment on my own somewhere else, do they have to pay out my lease?

John Michael Frick
John Michael Frick
answered on Aug 14, 2023

No but they might have to pay any difference between the rent in a new comparable apartment and the rent required under your lease

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

1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Can we hold our complex liable for the excessive HVAC bill we got every month and our suffering all this time??

We have lived in our apt since June 16 of '22. When we moved in we were unaware that our HVAC system did not work correctly but we gave it the benefit of the doubt to see if it needed time to kick in. We sent in our first work order on July 3rd of '22 and they came out on the 5th and gave... View More

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

It is highly unlikely such a lawsuit would be successful. Do you really want to spend tens of thousands of dollars on a lawyer for such a claim?

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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2 Answers | Asked in Traffic Tickets and Landlord - Tenant for Texas on
Q: I had my car towed from my apartment complex for failing to register it for one night.
Grant St Julian III
Grant St Julian III
answered on Aug 7, 2023

I am not sure of your exact question. Review your lease agreement

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