Cheryl Rivera Smith’s Answers

Cheryl Rivera Smith

Frisco Real Estate Attorney.

Contributor Level 20
  1. Can my in-laws kick me out if no contract was signed?

    Answered over 1 year ago.

    1. Andrew Endicott Schrafel
    2. Eric Edward Rothstein
    3. Jayson Lutzky
    4. Cheryl Rivera Smith
    5. Steven Warren Smollens
    5 lawyer answers

    Technically they would have to give you proper notice and follow eviction procedures. The inlaws would be liable if they remove your items so they are subject to theft. If they throw your property out, you could file a complaint against them. However, I agree with my colleague, you should move as soon as possible.

    8 lawyers agreed with this answer

  2. How long does a landlord have to fix a furnace in Texas on x- mas eve ??

    Answered 12 months ago.

    1. Teri A. Walter
    2. Cheryl Rivera Smith
    3. Robert Neil Newton
    3 lawyer answers

    If this went to court a judge might find a week or two to be reasonable.

    Selected as best answer

  3. My apartment flooded due to a broken water heater. Am I resposioble for damged items or is the aprtment complex?

    Answered over 1 year ago.

    1. Cheryl Rivera Smith
    2. Jacob Douglas Thomas
    2 lawyer answers

    The easiest thing would be to file on your renters insurance. If apt is responsible, the claims adjustor will look to them to pay the claim. This is why you buy insurance - so they do the work for you!

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  4. Can we get out of a lease agreement prior to move-in date if we have to change our mind due to re-location to another state?

    Answered over 1 year ago.

    1. Cheryl Rivera Smith
    2. Kevin Matthew Koel
    3. Benjamin Robert Peppard
    3 lawyer answers

    You signed a binding contract. The best way to start this is to have an open conversation with your landlord. If you default, the landlord has an obligation to mitigate damages. Perhaps you can work out a small penalty for breaking the lease.

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  5. Do I Need a Foreclosure Attorney or a Bankruptcy Attorney

    Answered about 1 year ago.

    1. Cheryl Rivera Smith
    2. Michael Glynn Busby Jr.
    3. Robert Chamless Lane
    4. Christine B. Adams
    5. Marc Gregory Wagman
    5 lawyer answers

    The bankruptcy attorney can get the foreclosure "stayed" temporarily. The foreclosure attorney can assess the problem and advise you accordingly. Hopefully the house is also your homestead which will be very helpful. Bottom line, you need both.

    6 lawyers agreed with this answer

  6. Do I need to probate a will?

    Answered over 1 year ago.

    1. David M. Pyke
    2. John Gus Zgourides
    3. Celia R Reed
    4. Cheryl Rivera Smith
    4 lawyer answers

    You might be able to get an attorney to draw an affidavit of heirship. Go over facts, with the attorney and that may be all that is needed.

    6 lawyers agreed with this answer

  7. Landlord is suing for rem. of rent but he already rented out the property to someone else. Do I need a tenant lawyer?

    Answered over 1 year ago.

    1. Kevin Matthew Koel
    2. Cheryl Rivera Smith
    2 lawyer answers

    You probably do. It sounds like the landlord is trying to double-dip. Best of luck.

    6 lawyers agreed with this answer

  8. Ex-husband suppost to put house in his name after divorce never did, but deed was signed over loan in my name can I sell house

    Answered over 1 year ago.

    1. Cheryl Rivera Smith
    2. Celia R Reed
    3. Michael T Millar
    3 lawyer answers

    You need to either get your ex to deed to house to you (BTW - don't use a quit claim deed in Texas); or have your divorce attorney file a motion to modify your settlement agreement and get the house awarded to you. It is obvious the person at the loan company is not an attorney. Do not take that advice.

    6 lawyers agreed with this answer

  9. If a man dies intestate, leaving a widow who is not on the deed. He has two adult children. who gets the house he owned?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Adam Nelson Rieck
    3. Cheryl Rivera Smith
    4. Robert William Haley
    4 lawyer answers

    My colleague provided an excellent answer. I just want to highlight the fact that the surviving spouse has the right to remain in the home for life.

    6 lawyers agreed with this answer

  10. Should I pay my condo fees or hire a lawyer?

    Answered over 1 year ago.

    1. Kati M. Amarantes
    2. Cheryl Rivera Smith
    3. Alan James Brinkmeier
    4. Shawn B Alexander
    4 lawyer answers

    Are there a number of you as unhappy with this situation as you are? If so, you can call a special meeting and elect a new board who will properly manage the property. Alternatively a group can get together and hire an attorney to assist you with the process. Best of luck.

    Selected as best answer