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I recently discovered that the size of my newly constructed house, closed in September 2022, is incorrectly listed by about 400 square feet less on the county tax appraisal document. I have not yet contacted the county tax appraisal office about this discrepancy and am unsure if it has affected my... View More

answered on Apr 23, 2025
You may be including an enclosed garage in your own calculation of square footage. I'm just making an educated guess because a standard size two-car garage is 400 sq. feet. For appraisal purposes, "living area" only includes an enclosed garage if it has been converted into a room.
I am renting out a house in San Antonio, Texas, where the lease agreement with the tenant expired about a year ago. The tenant continued to pay rent on time, but I discovered during an inspection for a new property management company that the house is in poor condition. There are holes in the wall... View More

answered on Apr 23, 2025
Because the original lease term has expired, the lease is now month-to-month. You need to give not less than 30-days advance written notice in accordance with the terms of the lease of your intent to end the lease with the end date being on the last day of a rent-paying period. So, for example,... View More
I am renting out a house in San Antonio, Texas, where the lease agreement with the tenant expired about a year ago. The tenant continued to pay rent on time, but I discovered during an inspection for a new property management company that the house is in poor condition. There are holes in the wall... View More

answered on Apr 23, 2025
After the tenant has moved out or been evicted, you should immediately document all damages to the premises and make all necessary repairs. You can deduct the actual cost to make repairs from the security deposit of the tenant. You must refund the balance of the security deposit and provide an... View More
My husband passed away without a will. We are trying to administer his estate, which includes a primary home (listed as 'a married man'), a boat, two cars, and ranch land in another county in Texas. His daughters, one from a previous marriage and our daughter, are adults, and we are all... View More

answered on Apr 21, 2025
This is actually pretty straightforward, if all three of you are on the same page. You'll want to get a probate attorney to assist you with the probate process called "determination of heirship with independent administration". This will result in the appointment of an independent... View More
I'm seeking legal guidance on whether I can request my neighbor to share the costs of replacing a shared fence, which was destroyed by a natural disaster. I've been negotiating with my neighbor for six weeks, but they claim they cannot afford to contribute. The fence was approximately 80%... View More

answered on Apr 21, 2025
Both adjoining landowners have legal responsibility to maintain, repair, and replace a fence that is on the property line between two adjacent tracts of land. Most homeowners' insurance policies cover "other structures" including fences for damages caused by natural disasters.
My mother, who recently passed away, was left a property in Mineral Wells, Texas, in 'Et Al' with my grandmother's siblings as part of an inheritance. Now, all siblings have passed, leaving a son-in-law, a daughter-in-law, and multiple grandchildren. There is one holdout regarding... View More

answered on Apr 16, 2025
Yep. A lawyer can definitely guide you through this.
Step 1 - The lawyer will look at the real estate record to see what legal docs might be needed.
Step 2 - Depending on step 1, there might be some legal work to complete (such as a probate or affidavits of heirship).... View More
I reported an issue with my washer and dryer unit being improperly installed behind a glass mirror closet in my apartment over a year ago. Initially, the apartment complex acknowledged the washer's placement caused damage but assured us we would not be charged. Despite emails that go... View More

answered on Apr 16, 2025
You should send written notification to the landlord or the landlord's representative with copies of the photos and videos. Check your lease to determine if it contains a provision specifying where and how written notice is to be sent. If your lease does not contain such a provision, send... View More
I sold a piece of land using a Deed of Trust and Warranty Deed with a vendor's lien. The original buyer wanted out of the contract, and another buyer assumed the note. The property was transferred to the new buyer's name, and upon full payment, we issued a Release of Lien to them. Now,... View More

answered on Apr 16, 2025
Because you are not the one who sold the property to the new buyer, the preparation, signing, and delivery of a warranty deed is not your responsibility. The original buyer who sold the property to the new buyer and assumed the original buyer's note obligations to you is the party who should... View More
I am currently facing eviction threats from my elderly landlady, who has attempted to evict me three times over the phone. Additionally, her son came to the house indicating that they found someone else to buy the property due to irregular rent payments, despite having been here for four years. The... View More

answered on Apr 14, 2025
It appears you have a verbal month-to-month lease for an indefinite term. If that is true, then your landlady is required to give you 30-days advance WRITTEN notice to end the lease. She is not required to notify you of her intent or efforts to sell the house. Absent an agreement to the... View More
I need legal assistance regarding a personal injury and emotional distress claim against my apartment complex. My son and I were stuck in the apartment elevator for over an hour after a sudden power outage caused it to drop suddenly. I've attempted to make an incident report with the apartment... View More

answered on Apr 13, 2025
You will need a personal injury attorney with an emphasis on premises liability at apartment complexes. Regarding your injuries, you likely have a claim for negligence due to the sudden drop of the elevator. The drop could be due to skipped maintenance or lack of emergency systems, causing your... View More
I purchased a home in 2011 while single. I got married in 2014 and sold the home in 2017, using the $90k cash received as a down payment for a new home with my husband. My husband is on the deed but not the mortgage loan. We are now divorcing. Is the $90k I used for the down payment and fees... View More

answered on Apr 11, 2025
If you can trace the $90k down payment to the proceeds received from the sale of your separate property home, you have a valid argument that your new home is an asset of mixed character--meaning it is partly your separate property and partly community property.
For example, if the price of... View More
I am seeking legal advice after my house was raided by police who had a warrant. The incident began when my wife had a seizure at a store, and police were called. I was not present during this medical emergency. They found paraphernalia in our car, but neither my wife nor I were charged at that... View More

answered on Apr 11, 2025
I would challenge that warrant. I believe that the paraphernalia in your car is way too tenuous, to get a good warrant. If you were charged, you have the right to get a copy of the affidavit that was the basis for the warrant.
I can not believe you can't find a lawyer to go after that... View More
I own a rental property in Texas, and my property management company was negligent in screening tenants and maintaining the property. The tenant who signed the lease allowed multiple families to live in the house. Despite repeated complaints and monthly HOA violations, the management company failed... View More

answered on Apr 9, 2025
The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to... View More
I purchased my home in Texas in October 2023. My mortgage company estimated MUD property taxes based on the land value instead of the newly completed home and the selling price. I discovered this issue in March 2025 when I received a statement showing an escrow shortage of over $1,200, resulting in... View More

answered on Apr 9, 2025
No this is not a RESPA violation. Property taxes are the legal responsibility of the owner (YOU). Lenders almost always require a borrower-owner to timely pay their property taxes. Sometimes, lenders require the borrower-lender to escrow money by paying an additional sum each month with the loan... View More
I'm looking to find an attorney who works on a contingency basis to help with a breach of contract and deceptive trade practices case concerning a leased premises. For about a year, I've been living with mold and bad water. Despite my written complaints over the past 11 months, the... View More

answered on Apr 9, 2025
In the absence of significant damages, it will likely not be possible for you to locate an attorney willing to work on such a case on a contingency fee basis. You would need to show some sort of "value" to the leased premises. If it is a commercial property in a prime location with a... View More
My stepmother passed away on October 6, 2024, before finalizing her will. I moved in with her a year before she passed to take care of her and am still living on her property. The property was originally purchased by my mother and father, but my dad received it in their divorce. Before my dad... View More

answered on Apr 9, 2025
If the property was in your stepmother's name only, and she left no prior will that indicated you as a beneficiary/devisee, her estate will most likely pass through intestacy. Intestacy rules stated that her assets will pass to her children, not her stepchildren. Therefor, based on the... View More
My house has been in short sale for almost five months, and today is the last day. The bank did not accept any offers from buyers because they were considered too low. My agent suggested applying for a deed in lieu of foreclosure. As a homeowner, what is the best option for me? If the house goes to... View More

answered on Apr 10, 2025
Typically, a deed in lieu of foreclosure is preferable because you are in greater control of the outcome. Issues that will need to be addressed are the waiver of any deficiency by the lender, the tax implications of a deed in lieu of foreclosure versus a foreclosure, the date you have to vacate,... View More
I'm getting ready to move out and have concerns about certain provisions in my lease. My landlord added a clause stating that tenants are responsible for repainting and refilling nail holes, which I understand to fall under "normal wear and tear." Is this legal in Texas? They also... View More

answered on Apr 7, 2025
I think you are correct that the lease by agreement between the parties has shifted what would normally be the landlord's responsibility for cleaning and "normal wear and tear" to you as the tenant.
There is no legal prohibition on the parties agreeing to do this.
I lived in a property for six months under a one-year lease agreement. After I requested to be removed from the lease agreement, the property management refused, stating it was a court matter outside their jurisdiction. In the meantime, I discovered that both tenants took over my room without my... View More

answered on Apr 7, 2025
The answer to your question depends on whether the "two tenants" are people you were sharing the premises with you under the lease (cotenants) or new people who rented the premises after you stopped living there.
When you sign a lease for one year, you commit yourself to paying... View More
I've been married for 16 years, and my husband moved out of our Texas home to a motel, leaving me and our dog. The mortgage and utilities are in his name only. I haven't been able to contact him, and I believe he might have a girlfriend. We haven't filed for divorce yet. Am I allowed... View More

answered on Apr 4, 2025
Yes, you can stay in your marital residence even though he has moved out.
Yes, he can legally turn of utilities that are in his name before a divorce is filed.
Because you are also an owner of the home, you can turn the utilities back on in your name.
If you file for... View More
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