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Rafiq Zul Dhanani

Rafiq Dhanani’s Answers

45 total


  • I need advice on contracts. I paid a caterer $1400 in a deposit but did not sign a contract and need to cancel.

    My wedding is 5 weeks away and we no longer need catering for the wedding day. I asked the caterer to cater my rehearsal dinner the night before the wedding for the amount we have already paid. He declined and will not give me my money back. ...

    Rafiq’s Answer

    This will depend on what your agreement was, but without a written contract you should be able to get most of your money back. You might want to try sending a formal demand letter for a refund of all the money, but you will probably have to pay for the tasting and some of the other work he did. If he is completely uncooperative you may have to go to small claims court (justice court).

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  • I found mold inside my apartment and would like to move out but the manager refuse to refund me the rent.

    I just move in an apartment and after 1 week I notice a mold smell from A/C vent. I ask for maintenance and they came and clean the vent. However, after 2nd week the smell occurred again. I got sick. I opened the A/C unit and found mold in it. on ...

    Rafiq’s Answer

    If you want repairs done, you need to provide notice as required by the Texas Property Code, Chapter 92.052 (http://www.statutes.legis.state.tx.us/). You can follow the related sections if things don't work out. If you want to break the lease according to its terms, you should probably get an attorney. Of course, negotiating with the management is probably the simplest and cheapest method.

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  • Earlier this year i "bought" some stuff from Rent A Center.

    They would call nine times a day and come buy everyday for two weeks, no I have got a certified notice from a lawyer asking to return the merchandise. Can I be charged with a crime in Texas, I was always under the thought this is a civil matter. ...

    Rafiq’s Answer

    You need to examine your contract with RAC. Your payments were probably to rent the items for a month at a time, not to buy them. (If you do have a sales contract you should find a lawyer to help you resolve the situation.) If you stopped paying and kept the items, they can sue you for various things like possession of the items themselves, money damages, attorney's fees, interest, fees, etc. Keeping something that isn't yours is the crime of theft. Depending on the value of the items, you could be looking at a felony, but this is probably a Class A misdemeanor. Whether they refer you for criminal charges or not is up to them. They may also have the right to come and take the items back, like a car repossession. It all depends on the deal you made.

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  • Our landlord did not provide us with a valid address

    he left this space blank on the lease, and when i asked him for an address by phone he gave me one but it is according to google maps just an abandoned old building. Do we need to send our letter to the condo leasing office instead?Could this by a...

    Rafiq’s Answer

    If the condo leasing office is the landlord's agent for leasing/management you can send things to that office. If the landlord leases the condo on his own, then he needs to provide an address in writing, or you can send things to whoever collects rent. The lease would probably not be invalidated because of this. You could try sending a copy of your letter to the address he provided over the phone. Google may not be updated.

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  • Can my landlord make me add my brother who moved in with me temporarily to the lease agreement in the middle of the lease?

    Brother needs a temp. place to stay.

    Rafiq’s Answer

    Probably, yes. Typical leases have a section to deal with this. You may be able to get the landlord to waive the application fee, but your brother will probably have to sign a lease and take on all the same rights and responsibilities that you have under the current lease.

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  • How do you locate Pharmacy Records from a Pharmacy that is no londer in Business? Where do those records go?

    Person was prescribed several prescriptions that were led at a pharmacy that is no longer in business. The Dr that prescribed the medication is deceased and the office is closed. How can records of the prescriptions be obtained? Where do you look...

    Rafiq’s Answer

    The records may be in storage, or they may have been sent to the patient. Try asking the Texas Medical Board or Pharmacy Board for guidance. They should be able to direct you. http://www.tmb.state.tx.us/agency/contact.php and http://www.tsbp.state.tx.us/contact/ .

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  • Is it illegal to send porn photos (that are not of you but are publicly available) between adults?

    If I send a photo of a celebrity nude (which has been made public) to a friend, can I get into trouble?

    Rafiq’s Answer

    I am not a copyright attorney, but you are probably not doing anything wrong if it's freely available to the public. Check the terms of service for the source website, and also check the terms of service of your email provider. Also, be sure you're not violating any rules of anyone connected to your source computer like an employer, internet connection provider (if you're at Starbucks, etc.), or the like. It may be safer to share a link as opposed to saving and distributing the pictures.

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  • Can a landlord charge me a full months rent if I haven't moved in yet.

    My landlord required me to pay two months rent in advance for August and September and I did. But my lease does not begin until August 23͵ 2013. Move in date was set as August 19 and they called me August 17 at 10:30 p.m to tell me my move in dat...

    Rafiq’s Answer

    If you were actually charged for the 19th, 20th, or 21st you are probably owed a refund (unless the lease says otherwise). If you were only charged from the 23rd on, you are probably not owed anything. They may have allowed you an early move-in as a courtesy and given you a few days free. As annoying as this may be, it might be better for you to deal with the situation and start off on semi-friendly terms with the landlord.

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  • Eviction month to month tenant due to none payment

    Tenants are and have been late on rent. Now they do not answer door no calls. Done working with them and want then out! Heard TX laws sway toward tenants favor. What steps do I need to take to get them out

    Rafiq’s Answer

    You will have to give them a written notice to vacate (at least three days, maybe more according to your lease). If they do not comply, you will have to follow procedures to evict them with an eviction lawsuit in the JP court. If you win, you can get an order for the Sheriff to remove the tenants. The Texas Property Code will help get you started (http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm and http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm).

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  • My contractor is saying i owe double our agreed price, he threatens to put a lien on my house. it was a cash job and no contract

    it was a job for cash, no contract. wants double what we agreed on for price

    Rafiq’s Answer

    A contractor has an automatic lien on your house for work done under the Texas Constitution. He can also follow certain rules to get a statutory lien. An oral contract may support a lien, but only for the amount that was agreed upon. If the property is your homestead, the contract must be in writing, and the contractor can't put a valid lien on your property otherwise. This is a complicated area of law in Texas, and he has to follow a lot of requirements to be able to foreclose on a lien. He can also be liable to you for filing improper liens. You may need the help of an attorney if the contractor is trying to cheat you out of money not agreed to. For more details, see the Texas Property Code Chapter 53 and the Texas Constitution, Chapter 16, Section 37.

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