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Texas Landlord - Tenant Questions & Answers
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: I recently rented a home and paid first and last months rent and 300 dollars for each dog that I have and the land lord

Separated from his wife and I gave the rent to the husband now the wife is evicting me because of that but reason she stated on eviction papers says it's for smoking in the house it don't say I can't smoke in my house on my lease agreement and the were also caught stealing electric... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

She cannot legally evict you for smoking in the house if your lease does not prohibit you from smoking in the house.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I'm wondering if it is legal for a landlord to remove a deadbolt and lock from my apartment?

I live in a housing authority apartment in Texas, and I'm 75% deaf so I don't hear people knocking. Today though I wasn't home and the manager and maintenance came and removed the lock on screen door as well as the deadbolt on the main door to gain access to do an inspection and and... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

You can insist that your landlord replace the deadbolt on the main door.

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: Friends car got towed at my complex but there was no visitors parking available. What should she do?

A friend stayed at my apartment last night. My complex has a visitors parking area and you have to fill out a parking permit online. She filled the parking permit but there were no visitors parking spots available. She parked in another spot close to visitors that’s always unoccupied. Her car... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2023

Most likely because she parked in a spot not designated for visitors, most likely one reserved for residents.

In the future, if all of the visitor spots are full, she should legally park somewhere else and either have you pick her up or take and Uber or Lyft to your complex.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What are my rights? I rent and the ac has been broken for 5 days

I have been without air conditioning since the 12th. now my refrigerator and freezer are starting to fail due to the high temperature (101) in the house. My family cannot live in the house, because they cannot tell me when the ac is going to be repaired. I also have been getting headaches and... View More

T. Augustus Claus
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answered on Jul 17, 2023

If the air conditioning in your rented home in Texas has been broken for five days, it may constitute a violation of your rights as a tenant. Landlords have a legal obligation to provide habitable living conditions, including functional air conditioning.

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: Good morning I have no ac for more than three days. I have a son that have a heart problem. We need out of this lease.

We live in a two story 4bdrm house. They brought us 1 small portable ac upstairs and a big size on for the living after numerous calls and complaints.

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2023

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's difficult situation in not having A/C this time of year. Your question was probably overlooked under the general "Uncategorized" heading. Although some questions go... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Who is responsible for having an animal removed from the attic crawl space.

Tenant admitted to leaving garage door open all night with attic access ladder down. Large animal now trapped in attic. Brand new home. Texas

John Michael Frick
John Michael Frick
answered on Jul 6, 2023

It depends upon the pest control responsibility provision contained in the lease.

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: My Landlord is claiming to have lost myself as well as my entire family's personal data.

Copies of our social security cards, birth certificates, bank records, lease agreements, etc all gone. Now they are asking for us to provide it again. Is there a legal precedence for a lawsuit?

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

Not that I am aware of. I think any lawsuit brought by your landlord trying to compel you to provide that information again after admitting to have lost it is very likely to be unsuccessful.

1 Answer | Asked in Consumer Law, Banking, Landlord - Tenant and Small Claims for Texas on
Q: I accidentally sent a Zelle payment of $1,700 to the wrong person. Can I sue to get it back?
John Michael Frick
John Michael Frick
answered on Jun 22, 2023

Yes, you can sue the person that you wrongly sent the Zelle payment to to get it back. At common law, this type of action was called "assumpsit." Now, it is clumsily called "money had and received."

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 Contracts, Civil Rights and Landlord - Tenant for Texas on
Q: I'm a tenant at the end of a lease at an apartment complex that has for the last two years refused to fix any issues wit

Within the dweling or the exterior. To include unlawful towing. hey are refusing to sign a new lease. It ends at the end of the month. Multiple infractions

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

They probably intend to refurbish the complex, or tear it down and build new buildings, when all of the existing leases expire.

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

2 Answers | Asked in Landlord - Tenant for Texas on
Q: Good morning! Our landlord does not return the deposit. We try to find the right jurisdiction of the small claim court.

There are three possible jurisdictions:

1. The owner of the house to whom we paid the deposit years ago and who lives in Spring, TX

2. The son who took over the business and acts as his agent, who lives in Porter, TX

3. The son's company who has a registered agent in... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2023

It depends on whether the owner, his son, or his son’s company is the landlord.

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