Archived
Tenant abandoned my property. They signed a personal guaranty on the lease. Can I put a lien on their house?
Stuart's answer
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Answered on November 29, 2018
Except for a limited class of creditors (taxing authorities, mortgage companies, home improvement lenders) you have no right to assert a lien...
How many times can my non paying tenants appeal a court order of eviction?
Stuart's answer
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Answered on November 29, 2018
The appeal will be heard in Lampasas County Court or District Court in a new trial. When the Ts lose, they can appeal again to the Texas Third...
Archived
I have a commercial tenant whom I served a 3 day notice to for nonpayment of rent. Tenant wrote check and was returned for NSF.?
Stuart's answer
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Answered on November 27, 2018
You'll need to go to the closest JP Court to file an eviction lawsuit, looks like there is one in Malakoff:...
Archived
My employer was locked out of their offices for non-payment of rent. Can I retrieve my personal possessions?
Stuart's answer
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Answered on November 26, 2018
In Texas, a commercial LL has a lien on the T's or Subtenant's properties within the building. Since your property is not owned by your employer...
Archived
Is a detailed text message between a seller and a buyer of a small business a binding contract in texas?
Stuart's answer
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Answered on November 23, 2018
There is a "part performance" exception to the Texas Statute of Frauds that can make an agreement enforceable that in other situations requires an...
Archived
What is my status now ?
Stuart's answer
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Answered on November 23, 2018
If you are truly a month-to-month Tenant, then your new Landlord may increase the rental or evict you after 30 days notice. If you are in default,...
Archived
Who protects/compensates Agents when their Broker's negligence caused a loss of earned commissions and Broker refuses to sue?
Stuart's answer
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Answered on November 21, 2018
Review your ICA - Independent Contractor Agreement - it will determine your rights and responsibilities and those of your Broker in this situation...
Archived
I am a Mortgagee of Owner Financed properties, when can I send out Notice of Breach if the payment is late ?
Stuart's answer
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Answered on November 05, 2018
You'll need to review your finance documents, particularly the Note, Deed of Trust, and Loan Agreement (if there is one) to determine if the...
Archived
Landlord says I destroyed his building, I did not, what should I do?
Stuart's answer
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Answered on November 05, 2018
Unless your commercial Lease provides differently, you are obligated to pay for damages that exceed "normal wear and tear." That term is defined in...
Archived
Can a buyer of my house in New Jersey sue me in Texas if I back out of the deal?
Stuart's answer
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Answered on November 02, 2018
You've received two great answers. I write only to add that if a Judgment is obtained against you in NJ, it must be brought to Texas for execution...
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