Zachary Aaron Copp's Answers

Can I sell the house I'm leasing without the tenant permission

Sure, you can sell the house. The most prudent thing to do is evict the tenant first. It is a fairly simple process and the statutes are landlord friendly. Once the eviction is complete, you will have a much easier time selling the house. Should you decide to sell the house with a tenant in the property, the new owner may have to file the eviction and could possibly look to you for damages. File the eviction soon as it takes a few weeks to get a judgment. If this answer was helpful,...

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How does a Texas LLC add or remove members and managers?

Your answer will most likely be found in your operating agreement (aka company agreement). The operatiing agreement should address the process for removing a manager, if the LLC is manager-managed and should also address how you would add new members. Typically, the managers are voted in and can be voted out. To add a member, you would typically just transfer/assign a interest (membership interest) to the new member. The operating agreement may require approval from the other members or the...

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After a foreclosure can the new owner increase a tenants rent during our 90 days period?

Should the landlord end up being foreclosed a "bonafide tenant" does have rights that you appear to be aware of. You may want to contact an attorney to discuss your strategies/options going forward with regard to rent. Your lease will no longer be in effect after the foreclosure sale is final, but the new owner may attempt to charge rent unlawfully. I have yet to see a tenant in your situation required to pay rent involuntarily. Good luck! Zac zac@copplaw.com DISCLAIMER—This...

I am renting a home that have gone into forcloser. what are my rights? My lease is good until june 2010

Unfortunately, your situation is not rare. However, there is a relatively new law that protects you in the event the house you are renting is actually foreclosed. Should the property be foreclosed, you should contact an attorney as soon as possible so your rights can be asserted. I know you are concerned about your landlord's payment of the mortgage, but remember that the foreclosure is not a certainty. Your landlord could cure the default tomorrow and if you are not paying the rent...

Tenant has abandoned property, do I give up my commission received for the contract?

Probably not, but the answer could be found in your listing agreement. You may loose future business with this landlord, but legally, you are probably entitled to commission when the tenant signed the lease. If this answer was helpful, please indicate below. DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an...

Who do I pay rent to if house is foreclosed and the government fanniemac owns the house.

Technically, your landlord could cure the default on the mortgage and the foreclosure would not occur. As such, if you fail to pay the rent the landlord could evict you. If the property is actually foreclosed you will want to hire an attorney who is familar with both foreclosure and eviction laws. There are remedies available to you (additional time to move), but you must assert them. Good luck! Zac Copp The Copp Law Firm, PC zac@copplaw.com If this answer was helpful, please...

Landlord is not paying their mortgage

Technically, your landlord could cure the default on the mortgage and the foreclosure would not occur. As such, if you fail to pay the rent the landlord could evict you. If the property is actually foreclosed you will want to hire an attorney who is familar with both foreclosure and eviction laws. There are remedies available to you, but you must assert them. Good luck! Zac Copp The Copp Law Firm, PC zac@copplaw.com If this answer was helpful, please indicate below. DISCLAIMER—...

Residential lease recourse if property is put on sale 8 mos before lease end

For the purposes of this answer, I will assume the lease was signed in June of 2009. If this is the case, you would have remedies available to you if the landlord sold the house while a valid lease existed. If the lease was signed in 2009 you will want a lease termination agreement. Additionally, I would recommend asking for compensation to sign the lease termination agreement. If this answer was helpful, please indicate below. DISCLAIMER—This answer is for informational purposes only...

Landlord is losing house due to foreclosure. What are my rights?

Technically, your landlord could cure the default on the mortgage and the foreclosure would not occur. As such, if you fail to pay the rent the landlord could evict you. If the property is actually foreclosed you will want to hire an attorney who is familar with both foreclosure and eviction laws. There are remedies available to you, but you must assert them. Good luck! Zac Copp The Copp Law Firm, PC zac@copplaw.com If this answer was helpful, please indicate below. DISCLAIMER—...

Can my mom evict me and my daughters from her house even though I have been paying all bills and rent on time

I assume you do not have a written agreement to reside in the property? If there was a written agreement, you would be entitled to reside in the property as long as you are in compliance with the agreement. If your mother is willing, why don't you have your mother deed the property to you? Just remember...if a mortgage exists, your mother would likely need written consent before she conveyed the property to you. Good luck! If this answer was helpful, please indicate below. DISCLAIMER—...