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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,717 total


  • 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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  • Bed bug addendum. Can I break lease. Am I liable

    I'm middle of my apt lease and out of nowhere I come home with a letter on my door. A bed big addendum. I haven't signed and it's been about 2 months. Last night I go into my kids bedroom to check and see 2 little bed bugs. Upon further inspection...

    Cheryl’s Answer

    You must first give notice and an opportunity to cure to the landlord. As my colleague recommended, go to www.texastenant.org and download their pamphlet. It will outline the steps you need to take. Everything must be in writing. Best of luck.

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  • Can I file a civil suit against neighbor ?

    I lease a house & the neighbor built an adjoining fence & blocked my side access gate to back yard. I talked to the neighbor & advised him that he blocked gate & my trash receptacles were in back yard. He replied, not my problem." Needless to say ...

    Cheryl’s Answer

    To answer your question, the answer is yes, you can file a suit against your neighbor, but you may want to join the landlord in the action. It would be best to consult with a personal injury lawyer (not a real estate lawyer) to assess the feasibility of your claim.

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  • Purchased Home from Owner to owner on an agreement extended until January 2015, he has lien tied to my home. What can I do?

    I live in Texas and purchased a Home from Owner to owner on an agreement extended until January 2015 with a well known local Attorney . I still owe 32k and was notified by McLennan County Clerk there is a lien tied to my property and may not...

    Cheryl’s Answer

    As my colleague stated, you need an attorney on this one. It is not a do-it-yourself project. Sorry.

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  • Real Estate Question: How much do I have to give to the child if I sell the house.

    My husband left me his house. I am on the Deed. If I sell the house how much of a percentage of the proceeds from the sell of the house do I have go give to his son.

    Cheryl’s Answer

    It depends. Have an attorney go over the particulars with you. Barbara Jouette in Mckinney should be able to help you with this if you don't already have an attorney.

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  • I am obligated on a mortgagee. The mortgage is secured by property I don't own. Can I sue the owner to sell property.

    I owned a piece of property. I took out a loan against the property with a note and deed of trust. The Court ordered me to transfer title of the property to someone as part of a lawsuit. Now I don't own the land and the owner sometimes skips pa...

    Cheryl’s Answer

    Consult with an attorney to see if you have the right to foreclose. If not, see if the present owner will deed the property back to you so you can cure the default.

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