Robert W. Doggett's Answers

Do I have legal standing to force my landlord to fix a security issue?

Your lease is important, but Texas law requires landlords keep premises free of health and safety issues regardless of what the lease says. The law requires corrections of conditions that materially affect the health or safety or an ordinary tenant. Some judges may disagree, but I think your concern is legitimate and the landlord should just fix it. You might even see if city code enforcement will help you encourage the landlord to do the right thing. Put your request in writing, pay your...

Selected as best answer

What is a landlord's right to begin eviction under Texas landlord tenant law

You cannot re-enter the premises unless the tenant consents to vacate voluntarily, or with the help of a constable who is acting under the authority of a court order. Your lease does not and cannot change this. Follow the notices required by the lease and if the tenant has not cured the default timely, then in order to recover possession of the premises you must first give a notice to vacate, and then if the tenant is not out you must then go to justice court and file an eviction suit (all...

4 people marked this answer as helpful

Under TX landlord tenant laws can I break my lease for landlord's failure to disclose trains that pass by at night

If the tracks were hidden, then it was not your fault in my view. (This is a key factual issue so take pictures.) The landlord knew, and should have made this problem clear to you before you rented. You are probably not the first tenant that got a rude awakening. I would send the landlord a letter demanding to be released from the lease, plus damages for loss of sleep, moving and the time involved changing mail and other services. If the landlord is reasonable, he will let you out of the...

3 people marked this answer as helpful

Does a tenant have to vacate on landlord's 1 day notice or can tenant remain for the days left that have been paid?

In Texas, if a landlord wishes to regain possession of residential premises, and you don't voluntarily leave, the landlord must obtain a court order that is executed by a constable. The basics of an eviction suit are found in Chapter 24 of the Texas Property Code, and Rules 738-755 of the Texas Rules of Civil Procedure. Before a landlord can file a suit for eviction, the landlord must first demand you vacate in writing. Normally the landlord must give you three days to vacate, but it can be...

3 people marked this answer as helpful

Landlord rent

I assume this is a residential tenancy. A landlord can refuse to accept rent which is often done in anticipation of terminating the lease and beginning the eviction process. (A notice to vacate is given, then an eviction case filed in justice court.) Make sure you tender the rent in the usual fashion and be able to prove you tendered the rent if need be in court. (You do not want the landlord to be able to claim that you failed to pay the rent in court if this dispute gets that far.) You...

3 people marked this answer as helpful

How soon after the tenant vacates is the landlord required to return the deposit in state of Texas

I assume we are talking about a residential tenancy of a dwelling. A landlord has to either return a security deposit or an itemized list of deductions within 30 days of vacating the premises. The landlord must have a forwarding address to do so, and the only exception to this rule is if it is uncontroverted that the tenant left the premises owing rent. The landlord can make deductions authorized by the lease, but cannot deduct for normal wear and tear to the premises. To find out more...

1 lawyer agreed with this answer

1 person marked this answer as helpful

Landlord / Tenant dispute

From the facts above the landlord cannot terminate the lease legally. He can claim to himself, but he cannot evict you without a court order enforced by a constable in Texas. To get the order he has to file an eviction suit in justice court (or JP, justice of the peace). Before he can file suit he has to give you a notice to vacate -- three days is the required time unless the lease provides a shorter time (up to a day). After the notice to vacate period expires, and you are still in the...

2 people marked this answer as helpful

I live in Texas and am leasing my home. I let a friend move in with me. I want them to leave but they are not. What can I do?

IF her name is not on your lease either as a tenant or authorized occupant, then once you asked her to leave she arguably became a trespasser. In that case, you could in theory call the police or file an eviction. However, the best plan might be to come clean with the landlord that you helped a friend in need, but it went bad and enlist the landlord's help. By law you are entitled to have the locks changed at your request. Sometimes at the landlord's expense and sometimes at yours. Keep in...

1 person marked this answer as helpful

TX landlord tenant law, tenant's rights against illegal eviction

Sue the owner of the property. The owner is responsible for the actions of his agents, and the owner is likely to be solvent meaning you probably can collect on the judgment if one is awarded. (The place you rented for example is property that can be used to pay judgments.) You should check tax records to confirm the name of the owner of the property (most of the appraisal districts have this information on websites). I would first send a letter to indicate your intentions and request...

1 person marked this answer as helpful

Tenant's rights under TX landlord tenant act, can landlord require tenant to buy renters liability insurance

I am familiar with Texas law in this area and I do not think a requirement to purchase insurance violates any law. As long as a landlord is not illegally discriminating (e.g., on the basis of race, color, religion, etc.) or retaliating, then a landlord can require just about anything he wants. If a tenant wants to lease from him with that condition, then that is their option. I believe it is a good idea for tenants to have insurance, but many do not because of the cost.

1 person marked this answer as helpful