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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,722 total


  • Dogs and dog walking allowed in condo. can ccr's be changed for those owners already established.

    Assoc is deciding to not allow dogs access to grass in complex. this includes dogs that have lived there before rule change. I understand changing for new owners or tenants, but many bought or rented because condo was pet friendly.

    Cheryl’s Answer

    You would have to read the CC&Rs to see what authority the board has. Chances are they can change the rules and regulations with aren't actually a part of the recorded CC&Rs, but are still effective. Keep in mind that any city ordinance against non-leashed pets would trump the condo rules.

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  • I live in an rv park and my rent is paid for november in full and i wanted to know if they can serve me a 72 hr move out notice

    I have not broken and regulations or rules. The acting mgr. was concerned i was using to much electricity . The electricity is included in my rent .

    Cheryl’s Answer

    Unless the overuse of electricity is a default, I don't know that your landlord would win if he or she akes you to eviction court. Maybe you should offer your landlord a little extra money for the electricity. Best of luck.

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  • Does my mother have any recourse to come back at me if I evict her. She does not pay rent.

    I took my moither in in January because she was displaced, trailer home was destroyed, she was only supposed to be there on a temporary basis. She now does not want to leave and I can no longer financially keep her. If have eviction papers drawn...

    Cheryl’s Answer

    I can't think of any claim she could make against you. Just be sure you follow the correct eviction process. You might want the help of a local attorney.

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  • What is my best action, my apartments have not cashed my rent checks for the last 6 months.

    The last 6 months I have paid my rent before the start of the new month on the 1st, whish have not been cashed. I have brought it up to management and they said that my account is paid. What is my next best option? I do plan to move once my lease ...

    Cheryl’s Answer

    You owe the money. If they come back later and ask for it, it will your responsibility to pay or provide proof of payment according to your lease agreement..

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  • Signed a lease with my roommate for 1 yr. Moved in, discovered roommate is an alcoholic, situation is getting worse. What to do?

    Shortly after moving in with my roommate, I realized he is an alcoholic, and it's pretty bad and getting worse. We're talking too drunk to get his keys into the lock at 3AM on a Tuesday so he calls me 5+ times, leaves food on the stove and passes ...

    Cheryl’s Answer

    The easiest thing is to have a frank talk with your roommate and get him to mutually cancel the lease in writing with you. You may have leverage in that should his behavior become dangerous for you to live there, you might need to contact the police. If you can't come to an agreement that will allow you both to move on, then call an attorney.

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  • Renting out my house

    I purchased a house in harris county 4 months ago using FHA loan. I'm moving out of state to attend college and wanted to know what my options are. Can I rent my property? What if I have family take over the payments? What are the tax implications?

    Cheryl’s Answer

    Since it appears you don't know much about being a landlord, I would strongly recommend that you hire a property manager to help you. Fees are paid out of the rent. Tax implications vary. It would be best to ask a CPA.

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  • Will a non disclosure come up on a Real Estate Application for my license?

    I'm applying to get my Texas Real Estate license and I asked my attorney if I needed to put on the application that I had a non disclosure and they said no. And now TREC is sending me to get fingerprints and they will also do an FBI background c...

    Cheryl’s Answer

    I agree with Mr. Freytag. All applicants are fingerprinted. Take it one day at a time and if any questions arise (and hopefully there aren't any), you can address it then. There are attorneys who help with the licensing process should it come to that. If you can't find one on the Avvo attorney search, I have seen advertisements in the Texas Realtor magazine. Best of luck.

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  • How do I get police to arrest someone on stolen Property

    My uncle let me store my tool box at his house till I found another job(my only source of making a living) since then the family had a falling out and I went to retrieve my tool box to find out it is not where I left it what can I do

    Cheryl’s Answer

    Call the police and file a complaint. They will make the decision as to whether a crime has been committed.

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  • Can landlord charge?

    When I moved out of the place I was renting, I had the utilities turned off...as I've done with any place I have rented. Now the landlord wants to charge me for them having to turn the utilities ON to show the place or shampoo carpets. None of whi...

    Cheryl’s Answer

    You shouldn't be, but check your lease to be sure. The answer will be there.

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  • Can tenant deduct the door knobs expense from the rent because the all door knobs inside the house have no keys to it.?

    Because all of the bedrooms (3) inside the house have no keys to it, tenant complained that it is a hassle because they cannot lock the door since has no keys. He wants to go buy the locks himself and replace it then deduct the expense from the r...

    Cheryl’s Answer

    Do you really want to go to court, defend yourself, and win? You should only be required to provide secure outside locks and a keyless deadbolt to the exterior doors. 3 keyed doorknobs should only cost about $30. Just go buy some, install them, and keep a key for yourself. That way you won't have the hassle of replacing the locks when the tenant moves if you don't have keys. Problem solved.

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