Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Author: Fell Law Firm

  • 5 ways to deal with a difficult landlord

    5 ways to deal with a difficult landlord

    If you are renting a place to live in, it is important that you have a good relationship with your landlord. They will deal with any problems you have or any who have problems with you. A good landlord helps ensure that everything in your home runs smoothly. When you have a landlord who is more difficult than you would like, there are a few ways you can deal with him or her.

    1. Pay your rent on time

    Most landlords are easier to deal with if they get your rent on time and do not have to pester you each month. If you have a month when things are tight, do not just ignore your rent due date. Speak to your landlord about an extension.

    2. Keep records of all interactions

    You should document all interactions you have with your landlord in case a dispute ever comes up. Get copies of any canceled checks or online payments you have made for rent, and take notes on face-to-face meetings or phone conversations when you have a dispute.

    3. Know when you are being harassed

    Your landlord may oversee the property, but this does not mean that he or she can bother you on a regular basis. If your landlord willingly makes you feel so uncomfortable that you want to move out or terminate your agreement, you may be a victim of harassment.

    4. Ask for repairs in writing

    If you need your water heater fixed or dishwasher replaced, you can keep documents of these requests by submitting them in writing. It is easy to forget a phone call or a text message, but your landlord is likely to return to an email or letter asking for help.

    5. Know your rights

    Tenants have rights, and there are limits on how your landlord can treat you. If you feel you are being harassed or your landlord is unreasonable, we encourage you to speak to an attorney about your rights immediately.

  • Motorcycle safety tips for car and truck drivers

    You’re on the road and you see a motorcyclist coming up behind you. In most cases, a driver will make note that there is a motorcycle near him or her and pay close attention. But with hours and hours of driving every week, it’s not uncommon that some of us get a bit complacent. We may be distracted by what we are listening to on the radio or may even end up daydreaming. Once car or truck drivers get into this frame of mind, things can get very dangerous for motorcycle riders.

    For those that share the road with motorcyclists, there are a few things to keep in mind in order to keep everyone safe. First, try not to rely on a motorcycle’s brake lights. The rider may not always push the break in order to slow down. A motorcycle is a small vehicle and can easily slow down when the rider just takes his or her foot off the break.

    Be sure to check your surroundings several times before making a turn or merging into the next lane, especially if you are already aware that a motorcycle is somewhere on the road with you. In many cases motorcycles are actually closer than they appear to be in your rearview mirror, so do not rely on it completely. It can also be really hard to gauge how fast a motorcyclist is going so taking just a little extra time before you decide to turn or merge may mean the difference between life and death for a motorcycle rider. Both motorcyclists and drivers need to do their part in order to keep riders safe on our roadways.

  • 4 examples of bad faith actions from insurers

    Getting in a car accident, having your home destroyed in a storm or losing a loved one in an accident are all tragic, life-changing events. The devastation each one can cause is often overwhelming, and people going through these difficult times typically have a hard time figuring out how they will ever recover.

    Imagine being in this position and then learning that the insurance policy you thought was going to protect you and your loved ones actually will not. This is the experience too many Texans go through when their insurance company delays or denies a claim. In some cases, this is a truly unfortunate — but honest — situation; in other cases, it is an example of bad faith.

    Bad faith is an intentionally deceptive or dishonest action. However, in the context of an insurance claim, it can be very difficult to distinguish between bad faith and unfortunate. Below are some examples of failed duties by insurance companies that can warrant bad faith claims.

    1. Failure to conduct a proper investigation within a reasonable time could constitute bad faith. 
    2. Failure to pay you at all or up to your coverage limit could constitute bad faith.
    3. Failure to provide you with defense to claims under your policy could constitute bad faith.
    4. In some jurisdictions, failure to settle reasonably can be considered bad faith.

    We hope that this illustrates the fact that bad faith claims are not simply claims that are denied or delayed. They are claims that an insurer has not provided what was promised or fulfilled their duty as an insurer.

    If you feel your insurance company has violated your rights as a policyholder, robbed you of benefits you deserve or failed to provide the coverage you were promised, it would be wise to consider discussing the situation with an attorney. A legal representative familiar with Texas bad faith laws can examine your case and help you pursue any compensation you may rightfully deserve.

  • What is considered ‘normal wear and tear’?

    If you rent property, you likely signed a lease and put a deposit down in order to do so. In that lease, you may have noticed language stating that a landlord can keep portions of the security deposit to cover repairs and damage outside of normal wear and tear.

    In accordance with Texas laws, expenses related to normal wear and tear cannot be deducted from your security deposit. This distinction is critical, and whether you are a landlord or a tenant, you should understand what is and is not generally considered normal wear and tear.

    Normal wear and tear includes:

    • Dustiness
    • Dirty blinds
    • Small pin holes in the wall (unless they are excessive)
    • Worn out batteries in smoke and carbon monoxide detectors
    • Fading in curtains, paint or wallpaper due to age or sun exposure
    • Broken light bulbs
    • Normal dirty and wear in carpets
    • Plumbing issues arising from normal use

    Things that may not be considered normal wear and tear include:

    • Numerous or sizeable holes in the wall
    • Appliances broken as a result of misuse
    • Unapproved paint on the walls
    • Excessive dirtiness in bathroom or kitchen
    • Pest infestation
    • Broken doors or disabled locks
    • Pet stains, burns or holes in carpet

    Essentially, damage caused by neglect, misuse or excessive force can fall outside the definition of normal wear and tear. 

    Tenants and landlords often disagree when it comes to distinguishing what is and is not normal in terms of wear and tear. However, you don’t have to just go off of what your landlord tells you if you are a tenant. You have the option of discussing the situation with an attorney who can examine the details of the case and the property in question in a legal context.

    If you have questions or concerns about your security deposit and any amount withheld by your landlord, you can consult an attorney who can explain your legal rights and options. If money was wrongfully deducted, you can take action to have that money returned to you.

  • Recent Texas accident shows danger of out-of-control trucks

    Many people think back to their high-school days with fondness. If you were fortunate, they were the days of school sporting events, dances and cruising with friends. Maybe you even have specific memories of taking a field trip and joking around on the school bus. 

    Now, imagine yourself or maybe your own teenagers enjoying the adventure of a school bus trip when disaster hits. The fun and innocent nature of the school experience gets completely turned upside down because of an 18-wheeler that loses control. A truck crashes into the bus and leaves more wreckage, injuries and even death in its wake.

    This story is not a hypothetical, as the Texas community of Mt. Pleasant has learned following a recent tragic truck accident involving its students and their coaches.

    Last week late at night, a semi-truck was driving the wrong way on the road. It drove into the path of the school bus. Though the driver of the bus tried to get the vehicle and its student passengers away to safety that night, he couldn’t avoid the crash entirely. The collision occurred and went further than that singular crash. Another car with another coach inside of it was hit, too. 

    As a result of the crash, 18 students were reportedly injured. The female coach driving behind the bus is one of two people who died in the Texas truck accident. The other person killed in the wreck was the truck driver. But will his death limit what authorities can identify as the cause of the severe traffic accident?

    In truck accident cases, investigators tend to look at some common possible causes. In this case, sources report the truck was seen driving erratically. Such behavior and the act of driving the wrong way on the road, combined with the fact that it was late at night, could point to the possibility that the trucker was sleeping at the wheel or otherwise too tired to drive. 

    Fatigued driving can be just as dangerous and deadly as driving under the influence, and it is not as uncommon as one might think. Commercial drivers face pressures from their employers that can push them to drive more than they should without getting the breaks that are required.

    While a truck accident is most definitely a personal and tragic matter for the unsuspecting victims involved, on the other end of the legal equation is a trucking company. As a business, the trucker’s employer will want to protect itself from the potential financial impact of personal injury and wrongful death lawsuits.

    This means that victims of an 18-wheeler accident need to work with a personal injury lawyer who will work to protect their best interests as soon as possible. Talking and agreeing to any sort of deal with any party before working with an attorney is a bad idea.

  • Should Texas landlords rent on a first-come, first-served basis?

    People all across Texas rent commercial or residential space from a landlord. Renting gives tenants more freedom to move and it allows them to occupy space they can’t afford to buy; it also puts many obligations and responsibilities on landlords.

    This is not to say the landlord-tenant relationship is without flaws. For instance, as a tenant, you might be concerned that your rental application will be or has been denied unfairly because of a discriminatory landlord. This is a very real problem for people in Texas and all across the U.S., and one city has put in place a controversial solution to address it.

    According to news reports, Seattle is now requiring landlords to select tenants based on a first-come, first-served model. Instead of allowing landlords to choose whomever they want to rent property, the policy orders them to review applications in the order received, and then offer the property to qualified applicants in the same order.

    Supporters of this model say that it prohibits landlords from discriminating against people based on race, gender, or reliance on alternative sources of income. Too many people are treated unfairly and denied housing because of certain characteristics that have nothing to do with their rental capabilities.

    On the other hand, critics argue that this policy is heavy-handed and unnecessary. Further, a lawsuit that was recently filed maintains that the policy violates a landlord’s right to select a tenant of their choosing in a nondiscriminatory manner.

    While there is not a similar policy in place here in Texas, there are laws that prohibit discrimination against protected classes trying to rent a home or apartment. Whether you are a landlord or a tenant, it is important to be aware of this and other legal protections in place.

    What do you think? Are discrimination laws sufficient in protecting rental applicants from discrimination in this state, or is there some benefit to the first-come, first-served model? Would a policy like this increase or decrease the likelihood of a landlord-tenant dispute?

  • 4 essential steps to take in vacating a property

    If you are getting ready to vacate a property because of the end of your lease or an eviction, the process can be overwhelming to say the least. Moving all of your belongings, finding a new home or storefront and ending your relationship with your former landlord are all stressful prospects. You can manage the situation and protect yourself, though, by taking care of a few important details. Follow these four steps if you are getting ready to vacate a property.

    Document the condition of the property

    After you vacate the property, your landlord will likely do a walkthrough to assess its condition and record any damages that you are responsible for. In some cases, you might receive a bill for damages that you did not incur or are not responsible for. Your best defense against such situations is to proactively document the condition of the property. Take photos of all rooms, walls and fixtures so that there is no question as to what damage-if any-has been incurred.

    Get all transactions and agreements in writing

    As you prepare to leave the property, you will likely interact with your landlord and negotiate dates and stipulations. If you have these conversations over the phone, it is essential to confirm all information in writing, too. The best policy may be to communicate through email so that all interactions and transactions are documented by your paper trail. This makes it difficult for your landlord to renege on an agreement later or change the terms of your arrangement. 

    Adhere to all conditions specified by landlord

    Perhaps the easiest way to avoid conflict as you vacate a property is to adhere to the conditions set forth by your landlord. If you agree to vacate by a certain date, abide by your agreement. If your landlord requests that keys be returned to the leasing office, return your keys to the leasing office. This can help you prevent any unnecessary conflict or misunderstanding.

    Leave the property in the condition you found it

    According to Texas A&M University, tenants in Texas are not responsible for normal wear and tear, which includes standard deterioration of property resultant of expected use. Beyond this, however, you should leave the property in a condition as close as possible to that which you found it in. If you have altered or damaged it for any reason, it is a good idea to complete repairs to restore the property.

    If you are involved in a dispute with your landlord, you should be aware of your legal options . Contact an attorney understand your rights as a tenant.

  • Forcible Entry and Detainer in Texas

    As a landlord, you will from time to time, encounter a tenant who refuses to vacate a premises. While a landlord has a right to evict a tenant in such a situation, it is important to ensure that proper procedure as required by the Texas Property Code is followed.

    Requirements include that there is a landlord-tenant relationship and either the tenant has violated a term of the lease agreement or they lack authority to be on the premises. There is a requirement of at least three days written notice. This is important. Property owners should make a habit of handling any interaction with their tenants in a written manner to ensure compliance with the Property Code and to provide a complete record of those interactions.

    While you are entitled to file an action to recover delinquent rent in addition to the eviction proceeding, you need to make a decision based on the likelihood of recovery. Because tenants are granted exemptions from property that may be attached, you may find it more cost-effective to negotiate with the tenant if you are hoping to recover some of the rental value at issue.

    The three-day notice period is the default and if it has been changed by the terms of the lease, that period then controls. You may be able to recover attorney’s fees in addition to the eviction and the delinquent rent, but it too, has a specific written notice requirement. 

    It is important to recognize the technical nature of property law, and that strict adherence to these requirements is important. Failure to follow that procedure may compromise your case.

    It can help to work with a real estate attorney when drawing up residential and commercial leases and to rely on an attorney when needing to remove tenants from your property, as they can work to ensure the process is done properly.

  • Texas court finds “fence” can be a “dwelling” for insurance

    When it comes to claims involving insurance contracts, some of the most important factors in whether a company will have to pay a claim is based on the definition of the terms of that insurance contract.

    The Texas Supreme Court recently decided a case that found based on the terms of the contract that a fence attached to a home was considered part of the “dwelling.” This was significant because the homeowner had 4,000 linear feet of fence that was heavily damaged by Hurricane Ike in 2008. The claims adjuster found they had suffered $70,449.02 in damage to “other structures” that included the fence. The policy included a $24,720 limit for “other structures” and their damage exhausted that policy limit far below their actual losses.

    The Supreme Court found that the policy lacked definitions for the terms “dwelling” and “other structures.” The policy’s dwelling provision included structures that were attached to the dwelling, and the homeowners argued this included the fence because the fence was attached to the house in four locations. The Court agreed this matched the plain meaning of the words used in the policy.

    The court remanded the case back to the trial court to determine if a fence connected to another fence that was attached to a dwelling constituted an “other structure” or not. As this case demonstrates, definitions of terms in your insurance contract are very important.

    If you are uncertain whether a term includes items on your property that you assume will be covered by your policy, you should request, in writing, clarification from the insurance company. In this case, the fence damage was calculated to be more than $56,000. If you have some item that presents a significant level of exposure, you should confirm that your policy would provide adequate coverage.

  • 3 steps to follow as a landlord in Texas

    Following landlord-tenant laws is crucial to being a responsible property manager. If you fulfill your legal responsibilities you will spend far less time dealing with disputes and lawsuits. Knowing the rights of your tenants and  understanding the law   is the first step to being a successful landlord. Here are the best things you can do to stay away from complaints and claims in Texas.

    1. Obey fair housing and anti-discrimination laws

    Landlords are required to follow certain laws when it comes to advertising, including questions on rental applications, interviewing conduct and dealing with tenants. While you are legally able to reject applicants based on negative references, bad credit history or past behavior, this does not mean you can discriminate. Understand that you must not deny prospective tenants because of race, national origin, religion, familial status, sex, mental disability or physical impairments.

    2. Provide a clear rental agreement or written lease

    All landlords and tenants should sign a contractual agreement to establish the relationship and provide concise details. It sets out the rules both parties need to follow. Be mindful of what clauses you include in your lease. You cannot waive responsibility to provide habitable premises or fail to provide legally required disclosures. Avoid confusion and disputes by writing a clear and legal document that informs your tenants of their rights and responsibilities.

    3. Abide by termination and eviction laws

    While something a tenant does might bother you, it does not necessarily give you the right to retaliate. For example, tenants are legally allowed to do the following:

    • Complain to you about illegal or unsafe living conditions.
    • Complain to a health inspector about illegal or unsafe living conditions.

    You are not allowed to terminate the tenancy, file an eviction suit, decrease services or increase rent based on a tenant exercising a legal right. Terminating a tenancy must be done according to specific rules set by state law. For example, if your tenant has not paid rent, you must provide a notice three days before eviction procedures begin.

    Landlords who fail to carefully comply with landlord-tenant laws often end up in several disputes or lawsuits. When you comply with fair housing laws, follow rent rules, adhere to security deposit limits, provide habitable housing, prepare a thorough written agreement and avoid retaliation, you are more likely to manage your property without unnecessary problems. If you have questions regarding a dispute or your rights as a landlord, contact a landlord-tenant attorney. Whether you manage residential or commercial properties, you can get the legal help you need.