After you go to court and you lose eviction.How long does judge give you to stay normally?Can you ask for like an extra week?: I have court date Nov 9th for eviction from my mother no lease but I found a place for myself and daughter to stay but apartment won't be ready until Nov 22nd will the judge give me that time to move?
Timothy’s answer:
The judge is limited by statute to give you 5 days. That's it. The Judge cannot give you more even if the landlord agrees. However, the landlord could agree to give you more time. I have seen a Judge take the matter "under advisement" for a few day to a week prior to ruling, effectively giving a longer period of time before the Constable shows up at your door.
Best of luck.
Can I break a lease within 24 hours due to mold, no smoke detectors, open electrical : We signed a lease yesterday and today we noticed a lot of things. We were not told about the propane tank which is at least 300-400 a month, no smoke detectors, black mold throughout the whole house, open electrical, no smoke detectors. We have a newborn baby and it's not safe to live there.
Timothy’s answer:
Texas law requires certain security devices to be installed at the landlord’s expense, including window latches and keyed deadbolt locks on all exterior doors. Landlords also are required to provide at least one smoke detector on the ceiling or wall of the apartment. Renters who discover that required safety devices are either defective or missing have the right to demand that the landlord resolve the deficiency.
The law gives landlords a reasonable amount of time, usually about seven days, to install or repair the devices.
Landlords also have a legal obligation to ensure their rental properties do not pose a threat to the tenants’ health or safety. However, landlords are not required to repair uninhabitable circumstances that result from damage caused by renters or their guests. If a landlord fails to repair problems that impact their tenants’ health, safety or security, the tenants must follow specific steps to seek a remedy. First, they must make sure that their rent is fully paid and no payments are delinquent. Then, tenants should outline the necessary repairs in a written complaint. To prove that the landlord received the complaint, tenants should send the letter via Certified Mail with a return receipt. When the complaint arrives in the landlord’s mailbox, the U.S.
Postal Service will require that the landlord acknowledge his or her receipt of the letter by signing a form. If the problems are not resolved and the tenant is forced to take legal action, the signature form will be helpful evidence during court proceedings.
Tenants who want to avoid going to court have a couple of additional options. First, if they’ve provided the required notice and the landlord still refuses to make repairs, the tenants can move out – even if their lease has not expired. Alternatively, tenants may make reasonable repairs themselves and deduct the repair costs from the rent they owe the landlord.
This info is directly from the Texas Attorney General
Does a commercial landlord have the right to have a key to all its offices even if the tenant does not want him to?: I own a small office building (4 offices). I was not given a working key to one office when we closed and the tenant refuses to give me a key or to let me in to inspect the premises, exterminate, etc. I tried to evict him but the judge decided the lease allowed a one year extension eventhough it was given after the initial lease expired term expired. The lease was very poorly written. The tenant refuses to surrender a key and threatens to call the police if we bring in a locksmith to change the lock...even if we give him a copy of the new key. I suspect he will change the lock anyway.
Timothy’s answer:
Hello and welcome to Avvo.com. I just wanted to add a little extra guidance to what the other lawyers have said...
If the lease is silent on tenant/landlord rights of entry, changing locks, etc., under common law, the landlord/owner has the right to enter the premises to ensure that the property is being used properly and to ensure no illegal activities are going on. Also, to maintain the premises (pest control falls under here). For the room you don't have a key, you can change the lock but you must immediately give a copy of the key to the tenant so as not to constitute a lockout.
Hope this helps,
Tim