Archived
I recently found bed bugs in the house where I am renting, is it the landlords responsibly to exterminate?
Brent's answer
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Answered on July 29, 2015
You could make the argument it goes to health and safety of the premises (if residential) and there are statutory requirements against landlord for...
Archived
Should I hire an Attorney for Appeal in County Court for eviction? If so, what can they accomplish? Or hire Attorney for TRO?
Brent's answer
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Answered on July 29, 2015
I would be cautious about filing a TRO in your real estate lawsuit (I assume in district court) to stop an eviction that is already being processed...
Archived
Once the order for administrative closing due to bankruptcy stay had been filed, when or will my bank release my frozen funds?
Brent's answer
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Answered on July 24, 2015
You may need to file a 522f motion to avoid the attachment on your account if the funds are exempt.
Otherwise, the creditor may be able to move...
How will small claims court treat a frivolous countersuit by a landlord? My suit is for return of security deposit.
Brent's answer
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Answered on July 24, 2015
The residential deposit provision in the property code provides for a presumption of bad faith if the deposit was not returned in 30 days from move...
Archived
What can be done if I co-own property with someone going through a bankruptcy and they are not paying on time?
Brent's answer
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Answered on July 24, 2015
As long as one of the owners is in bankruptcy, they should be precluded from a foreclosure without the bankruptcy court allowing a lift stay. In a...
How do I convey partial interest in the real-estate property to a spouse, without triggering due-on-sale clause?
Brent's answer
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Answered on July 24, 2015
There is a federal law that specifically overrides due on sale clauses under some circumstances:
12 U.S. Code § 1701j–3 - Preemption of...
How do I proceed when the occupant (former owner) of a foreclosed home files bankruptcy after the eviction has been granted?
Brent's answer
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Answered on May 13, 2015
Any effort to take possession from the debtor would almost certainly violate the automatic stay in bankruptcy. The safe thing to do is to file a...
Archived
Can I break my lease if I found roaches on the day of moving in?
Brent's answer
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Answered on May 13, 2015
Take a look at section 92.056 of the Texas Property Code regarding health and safety violations.
Archived
Personal property of others left on my property; after continued requests to remove, nothing is done.
Is this property mine?
Brent's answer
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Answered on May 13, 2015
If there was a written lease, there should be an abandonment provision/paragraph that addresses rights under this situation.
Also take a look at...
Archived
What are my rights to property during appeal?
Brent's answer
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Answered on May 13, 2015
You need to consult your attorney about staying the enforcement of the judgment pending appeal. Normally, you need to post a bond.
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