Archived
Is it illegal to hire a locksmith to open my commercial property after I have been (illegally) locked out?
Stuart's answer
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Answered on March 01, 2019
Under the provisions of TPC 93.002(g), you are entitled to seek damages from the LL, + one month's rent, + attorney's fees, + court costs, if the...
Archived
Which party is right?
Stuart's answer
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Answered on February 28, 2019
Not enough facts, sorry. Did the Seller match the institutional lender's offer in *every* respect regarding loan amount, origination fees, discount...
Archived
When the easement papers have already been signed can they go back and amend them ??
Stuart's answer
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Answered on February 27, 2019
No. One party to a contract (easement) may not unilaterally amend or terminate the contract without the consent of the other party, unless the...
Archived
What if I miss my court date for eviction hearing?
Stuart's answer
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Answered on February 27, 2019
If you do not attend, then the case will be called by the bailiff and the JP will hear the testimony of anyone who is present. If the LL or...
Archived
Can I still file the writ of possession if the tenant paid partial payment after court adjustment?
Stuart's answer
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Answered on February 27, 2019
Presumably the Judgment is composed of two components: possession of the property, and money. The post-Judgment payment will be applied to the...
Archived
Current commercial lease is ending, need to rent for one more month. What is the estimate amount they could charge in TX?
Stuart's answer
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Answered on February 26, 2019
Your desire to remain in occupancy is called a "holdover," and typically there is a "holdover" rental provision in your commercial Lease. Most...
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Archived
Does a lender have rights to go after the owners of a residence in the event of a default in the state of Texas.
Stuart's answer
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Answered on February 25, 2019
Yes, but you might be entitled to a "fair market value" offset. You should review TPC 51.003 regarding deficiency judgments and be prepared to...
Archived
Can I sell Right of Way on a property that I have a Sherrifs Deed to?
Stuart's answer
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Answered on February 25, 2019
If you own the property and are not restricted by covenants, deed restrictions, state laws, or city / county ordinances, then yes you may sell or...
Archived
Can a deed distraction stop a concrete plant from being built?
Stuart's answer
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Answered on February 24, 2019
It may be possible, but an attorney will need to closely review the Deed Covenants and apply them to these facts. You'll want to engage an attorney...
Revised - Under what circumstances or circumstance is a Texas LLC regarded as a general partnership?
Stuart's answer
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Answered on February 23, 2019
There are many facts that determine the viability of a Texas LLC. The ones you raise offer a compelling start to that analysis, but are not...
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