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  • 5 Reasons a Landlord Can Rightfully Sue a Tenant

    5 Reasons a Landlord Can Rightfully Sue a Tenant

    Being a landlord isn’t easy. You have many responsibilities, including taking care of your properties and your tenants. And when a tenant violates your contract, it’s your responsibility to uphold your rights and protect your rental business. 

    While suing your tenant might seem like the next best step, it’s important to ensure your claim is legal. Take note of the legal reasons for a lawsuit below and then consider reaching out to a landlord-tenant attorney for help.

    5 Legal Reasons a Landlord Can Sue Their Tenant

    1. To Recover Rent Payments

    Is your tenant failing to pay their rent? First, send them a notice that gives them time to make it right. If they still fail to comply, you can choose to follow the eviction process and sue them for the rent owed.

    Important note: Due to the COVID-19 pandemic, the national eviction moratorium is now extended through June 30th, 2021. This means you are currently unable to evict tenants due to unpaid rent. Stay abreast of changes to avoid unnecessary consequences.

    2. Property Damage

    If a tenant leaves behind serious damage that their security deposit won’t cover, you can choose to sue the tenant for the cost of repairs and/or replacements.

    3. To Recover Non-Paid Utilities

    Sometimes, tenants choose to move on unlawfully, leaving behind their utility bills. If this happens to you, it’s possible to sue the tenant for the costs required to settle the bills.

    4. To Recover Abandoned Property Costs

    If a tenant moves out and fails to take all of their property, it can cost quite a bit of money to have it removed or stored. This shouldn’t have to come out of your pocket. You can sue the tenant for the costs associated with the disposal of their left-behind property such as personal belongings and trash.

    5. Wrongful Use of Property

    Your lease agreement should have a statement prohibiting the wrongful use of your property. For example, this may include a no pets policy or a policy regarding illegal dealings such as drug sales. If your tenant doesn’t comply, you have the right to sue them for damages associated with the wrongful use.

    Planning to File a Claim Against a Tenant? Reach Out to an Attorney.

    As a landlord, there are specific requirements you must follow when filing any claim against your tenant. An attorney can help ensure you make the right moves. To learn more about your rights as a landlord, give us a call at 972-450-1418  or send us a message.

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  • Why Did My Insurance Company Cancel My Policy?

    Why Did My Insurance Company Cancel My Policy?

    There’s nothing worse than finding out your insurance policy has been canceled by your insurer. If it’s health insurance, this leaves you with medical bills. If it’s homeowner’s insurance, you may be left on your own to make repairs after a bad storm. 

    There are many reasons, lawful and unlawful, why your insurance company may cancel your policy. Let’s review some of those reasons together to determine what, if anything, you can do to get your coverage back.

    Legal Reasons Why Your Insurance Company May Cancel Your Policy

    One of the most common legal reasons why your insurance company may cancel your policy is your failure to pay your monthly insurance premium. Other reasons may include:

    • Too many claims filed
    • Significant changes in risk
    • Intentional damage to one of your covered assets
    • Fraudulent claims filed

    In most states, the insurer must provide written notice of policy cancelations at least 30 days in advance. This gives you ample time to negotiate continued coverage or find a new insurance policy to help protect you and your assets. You’ll want to do what it takes to avoid a gap in your coverage.

    Bad Faith: Unlawfully Canceling Your Policy

    There are many cases where insurance companies will attempt to save money by canceling policies without a clear reason. This is known as acting in bad faith. Most of the time, this occurs after you submit a claim for legitimate damages. 

    To avoid paying you, your insurer may cancel your policy, stating there are faults that then make your claim invalid. Yet, when asked, they may not be able to clearly define those faults or what you can do to reinstate your policy.

    What Can Be Done About a Wrongful Cancelation?

    Your insurance company cannot legally cancel your policy for any reason that isn’t stated inside of your contract. If they do, they can (and should) be held accountable. First, we recommend calling your insurer to gather more information about the cancelation. 

    Next, consider reaching out to an attorney to help you file an appeal if you wish to reinstate your policy. Or, perhaps your attorney can help you file a lawsuit against your insurer, which may help you recover damages to pay your bills and for the suffering caused by the act of bad faith.

    Has Your Insurance Company Acted in Bad Faith?

    If you believe your insurance company has acted in bad faith or fear losing your insurance due to unfair insurance practices, an attorney can help. To learn more about bad faith, reach out to the attorneys at The Fell Law Firm by calling 972-450-1418  or send us a message.

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  • Unpaid Rent Leaves Landlords Struggling Across Texas and the US

    Unpaid Rent Leaves Landlords Struggling Across Texas and the US

    COVID-19 has affected us all in some way, from mask mandates to social distancing requirements. Although we’re seeing an ease in restrictions and perhaps a light at the end of the tunnel, many are still struggling to make ends meet, including landlords.

    A recent article published by CNN Business outlines the difficulties landlords are facing due to eviction moratoriums and unpaid rent. While the recently extended moratorium came as a relief for millions of renters, many landlords are questioning whether they can continue to do business.

    The federal moratorium was put into place last September to assist renters by banning evictions for rent non-payment. While the initial order was set to expire in December, President Joe Biden extended the moratorium through the end of March.

    Mom-and-Pop Property Owners Are Hit the Hardest

    It’s true that all landlords who own any number of properties are greatly affected by the order. Yet, according to Bob Pinnegar, president and CEO of the National Apartment Association, the mom and pop property owners are hit the hardest.

    These landlords own approximately 22.1 million rental units, more than half the nation’s supply. Without income coming in, it’s nearly impossible to afford maintenance or improvements which could greatly affect their properties down the road.

    Unpaid rent also makes it hard to pay the mortgage on these properties as well as the property taxes. This increases the risk of property foreclosure and the subpar funding of schools and other community services.

    How Long Will This Last?

    Should landlords prepare for more legislation? The future is uncertain. Some states are continuing to extend the eviction moratorium past the end of March. For example, Governor Newsom of California extended the state’s moratorium through the end of June.

    The most recent COVID-19 stimulus package also doesn’t mention an extension of the national ban on evictions. However, this is due to the relief bill being passed through the process of budget reconciliation, which means limits are set on what’s included.

    Any further extensions will need to be enacted by President Joe Biden. Many continue to call on him to extend the order to prevent a wave of evictions. Only time will tell if that occurs.

    What Can You Do as a Landlord?

    Right now, it can feel overwhelming to be a landlord with even one property. Yet, there are some things you can do to make ends meet. If you’re paying the mortgage on your properties and fear default, call your lender for support. They’ll help you understand what relief is available to you.

    It’s also possible for you to communicate with your tenants to come up with a payment arrangement that works. Can they only pay half? Consider making it work. This will help you pay your bills and help renters avoid a huge amount of back rent in the future.

    Reach Out to Your Legal Partners at The Fell Law Firm

    If you’re struggling during this time and would like more information about your rights as a landlord, we can help. Give us a call at 972-450-1418  or send us a message today.

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  • Pain & Suffering, Loss of Consortium & More: Car Accident Damages Explained

    Car accidents can leave you reeling from pain, emotional trauma and piles of medical bills. You don’t have to try and make it through the aftermath alone. An attorney can help you file a car accident claim to pursue damages that will help you move forward.

    Common Car Accident Damages Explained

    We know that now is not the time to get lost in legal jargon, so let’s address it. The term “damages” simply means a sum of money or compensation awarded for a loss or injury. It’s the cash you may receive by filing a claim after your accident.

    Under the umbrella of damages are many other terms that specify each type of compensation you may receive. Some are relatively simple; others, not so much. Let’s dive into the most common damages available.

    • Disfigurement: Disfigurement refers to a permanent change to an individual’s body. Often, this relates to scars or injuries that may change your appearance. Disfigurement may increase the compensation available to you.
    • Loss of earning capacity: This damage may be available if you lose your ability to work and earn a living for the foreseeable future. It could be the result of a disability or injuries that require extensive rehabilitation.
    • Loss of consortium: Loss of consortium is typically filed by the spouse or family member of an accident victim. The claim is that the victim can no longer provide the same comfort or care as they did before the accident.
    • Loss of use of vehicle: Lack of transportation is costly, especially if you need to travel back and forth to doctor’s appointments or work. This damage covers that.
    • Lost wages: Lost wages differ from loss of earning capacity. Instead, it covers the actual amount you lost due to being off of work.
    • Pain and suffering: This refers to the actual physical pain you feel resulting from your injuries as well as the emotional trauma sustained.

    Which Damages Will I Receive?

    We can’t predict which damages you may receive for your specific claim. Each accident is unique and requires a personal touch. We recommend reaching out to an attorney who can review your case and determine which compensation is best to pursue.

    Have You Been Injured in a Car Accident? Call an Attorney Today!

    If you’ve been injured in an accident, the attorneys at The Fell Law Firm are available to help. To learn more about how to file a claim or to discuss your concerns, give us a call at 972-450-1418  or send us a message. We’re here to support you.

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  • Watch Out for Bad Faith Practices During the Spring Storm Season

    Spring is officially upon us. And while that means enjoying the sound of birds chirping and basking in the warm sunshine, it also means storm season. Tornadoes, hail, strong winds and lightning can damage your home severely.

    Unfortunately, this is also a prime time for your insurance company to try and deny your home or business damage claim or offer far less than you need for repairs. This is called bad faith and it’s something you should look out for this season.

    How to Spot Bad Faith Insurance Practices

    There are many ways an insurance company can act in bad faith. For example, you may follow the exact steps of filing a claim and receive no response. Or you might be denied coverage for damage that’s listed as covered in your policy.

    Other examples of bad faith include:

    • Failing to communicate changes to your policy relating to what’s covered
    • Failing to acknowledge receipt, denial or approval of your claim
    • Failing to promptly investigate your storm damage claim

    What to Do If You Suspect Your Insurance Is Acting in Bad Faith

    Storm damage can’t wait. If your insurance company fails to act, you must do so instead. If you suspect your insurance company is acting in bad faith, there are some things you can do.

    First, document everything that has occurred between you and your insurance company thus far. When did you file your claim? Why did they deny your claim? Answers to these questions and more can help support your claim in the event you need to take legal action.

    You may also choose to speak to a leader within your insurance company. Some claim denials or failures could be the result of miscommunication or errors. If this doesn’t resolve the matter, we recommend reaching out to a bad faith attorney for help.

    Call the Bad Faith Attorneys at The Fell Law Firm

    If you’re struggling with your insurance company, we’re here to support you. Allow our team to help you fight for your rights. To learn more about bad faith practices or to speak with an attorney, call us at 972-450-1418 or send us a message.

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  • The Most Severe Car Accident Injuries & How to Avoid Them

    Some car accidents result in a bit of vehicle damage and some stiffness in the days to follow. Other car accidents result in serious life-threatening injuries. 

    The Top 3 Most Severe Car Accident Injuries

    According to the CDC, about 3 million people are non-fatally injured in vehicle crashes within the US each year. Unfortunately, some of these injuries are severe and require immediate medical attention.

    1. Brain Injuries

    Traumatic brain injuries due to force can lead to permanent disabilities such as vision or speech loss. And if left undiagnosed, they can also lead to death. Traumatic brain injuries include internal hemorrhages, skull fractures, brain contusions and hydrocephalus.

    2. Spinal Cord Injuries

    Your spinal cord is critical to your ability to move freely and feel. Injuries to your spinal cord can result in paralysis of your extremities or your body as a whole. Most spinal cord injuries are caused by disc ruptures or bone fragments from breaks. It’s also possible for the spinal cord to tear due to force.

    3. Internal Injuries

    Your skeletal system helps to protect your internal organs such as your lungs, heart and kidneys. Unfortunately, broken bones and the sheer force of the accident can lead to internal injuries to these critical organs. 

    How to Protect Yourself in the Event of a Car Accident

    While completely preventing an accident is impossible, there are some steps you can take to protect yourself. 

    1. Wear your seatbelt: Your seatbelt is meant to hold your body in place. Make sure the belt isn’t twisted and that the lap belt portion is positioned flat across your hips.
    2. Adjust your seat: You should be able to comfortably reach the pedals without being too close to the airbags.
    3. Practice good posture: Don’t slouch or lean while driving—sit upright. Otherwise, your vehicle’s safety mechanisms such as your seatbelt and airbags won’t work as they should if you’re hit.

    Involved in a Car Accident? Call The Fell Law Firm Today!

    Sometimes, even practicing safe driving can’t prevent a serious accident, especially if it’s the fault of someone else. If you’re the victim of a car accident, you deserve support from an experienced attorney. Reach out to our team today by calling 972-450-1418  or send us a message.

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  • Why You Need an Attorney as a Landlord

    As a landlord, you have many responsibilities. You need to manage your properties, secure new tenants, and ensure current tenants are following the guidelines of your contract. Additionally, you might be faced with potential evictions, late rent payments and tenant concerns. To help protect yourself and your rental business in these situations, it’s important to consider hiring an attorney.

    3 Landlord-Tenant Scenarios an Attorney Can Assist With

    An attorney can be helpful in a wide range of scenarios you’ll face as a landlord. Whether you’re ready to bring on your first tenant or have years under your belt, an attorney can be a great support for you.

    Preparing Rental Agreements

    The rental agreement or contract is a critical part of the rental process. The agreement should be written to protect yourself and your tenants and include things such as payment terms, liability terms and length of the lease.

    An attorney can help you draft a rental agreement that best protects you and your business. Attorneys understand the legal requirements of your state and how to translate them into legal documentation. Even if you’ve drafted your own contract, an attorney can look it over and give you advice on what to change for the best protection.

    Tenant Evictions

    The eviction process isn’t cut and dry. In fact, there are many rules you must follow as a landlord, set forth by your state. Some of these rules require forms and documentation that may seem foreign to those without training in the law. An attorney can help you navigate the eviction process correctly.

    Accusations of Discrimination by Tenants

    If a tenant believes you discriminated against them based on race, sex, age, or any other factor, they have the right to pursue legal action. Unfortunately, the consequences of discrimination violations can directly harm your bottom line and your reputation. An attorney will help you resolve these accusations, so you can move forward.

    Going through something other than these scenarios? Landlord attorneys have a breadth of experience in many subjects. As a result, they’re a great source of advice and information when it comes to owning and protecting your rental properties.

    Reach Out to The Fell Law Firm Today

    From eviction assistance to legal support, we’re here to support you. To learn more about the benefits of hiring an attorney as a landlord, give us a call at 972-450-1418 or send us a message.

  • What If the Insurance Company’s Offer Isn’t Enough After a Car Accident?

    Car accidents can cause severe property damage and life-altering injuries. Unfortunately, car accident repairs and injuries can result in bills that don’t seem to stop rolling in. In Texas, the at-fault driver’s insurance company is responsible for covering these expenses. Even still, their settlement may not be enough to cover them all. If you’ve received a low settlement offer, there are some things you can do.

    You Have the Right to Negotiate With the Insurance Company

    When you’re in the thick of trying to heal and pay your bills, any offer might feel like much-needed relief. Unfortunately, the insurance company is trying to do what’s best for their bottom line. This often results in early settlement offers that don’t cover all of your expenses, including:

    • Medical bills
    • Pain and suffering
    • Lost wages and earning capacity
    • Property damage
    • Loss of use of the vehicle
    • Disfigurement

    If their offer is too low, you don’t have to accept it, even if the company tells you otherwise. It’s your right to negotiate for fair compensation. It’s also your right to ask how they calculated their offer amount.

    Why You Should Call a Personal Injury Attorney

    If you receive a low settlement offer, you shouldn’t try to negotiate on your own. We recommend reaching out to an experienced personal injury attorney, who can negotiate on your behalf. 

    There are many benefits to hiring an attorney. For example, your attorney can help you calculate the compensation you need for all expenses. They’re skilled in forecasting and can help you pursue what you need now and in the future.

    Your attorney can also help you properly reject the offer and create a counteroffer that explains your reasoning behind the rejection. This is a critical part of pursuing additional compensation. 

    Additionally, your attorney will manage all communications with the insurance company, which can allow you to focus on healing.

    Will I Need to Go to Court?

    The insurance company may reject the counteroffers you and your attorney put forth. To pursue additional compensation, there’s a chance you may need to go to court. Your attorney will assess the situation and advise you on the best course of action.

    Call the Attorneys at The Fell Law Firm Today

    If you’re struggling with the aftermath of a car accident, we can help. For assistance in dealing with the insurance company or to speak with an attorney, give us a call at 972-450-1418 or send us a message.

  • 3 Steps to Take After Your Home or Office Is Vandalized

    There’s nothing quite as frustrating as discovering your home or office has been vandalized. There are many ways you can experience vandalism, including spray painting, tire slashing, window tampering, and even arson. If your home or office is vandalized, there are several things you ought to do.

    3 Steps to Take After You Experience Vandalism

    Vandalism can cause serious damage to your property. For example, broken windows can result in water damage, while slashed tires can result in towing charges, new tires and other costly items. 

    The good news is your homeowner’s insurance or business insurance may cover the damage resulting from vandalism. Yet, you must act fast to ensure proper coverage. Here are the steps you should take next:

    1. File a police report: First, call the police to ensure your file a police report. Your insurance company may require a police report to process your claim. Plus, it allows you to have a complete record of the damage for your records.
    2. Gather evidence of the scene: If you can do so, take some photos of the vandalism around your property. These photos will also be helpful when working with your insurance company.
    3. Call your insurance company: Next, you’ll need to call your insurance company to file a proper claim. They may send an adjuster to your property to accurately assess the damage. If so, do what’s necessary to avoid further property damage, such as covering a broken window, but leave everything else as is.

    Once your claim is processed, you’ll receive payment to help with any necessary repairs—assuming all goes well. Unfortunately, not all claims go smoothly. 

    Bad Faith Insurance and Vandalism Claims

    Some insurance companies fail to uphold the terms in your policy. While most comprehensive policies cover vandalism, your insurance company may try to deny or delay your valid claim. This is an act known as bad faith. Some signs of bad faith include:

    • Failure to investigate the property damage in a reasonable amount of time
    • Failure to send payment after claim approval
    • Failure to approve or deny your vandalism claim in a reasonable amount of time

    If you suspect bad faith, we recommend reaching out to an experienced attorney who can help.

    Reach Out to The Fell Law Firm Today

    You don’t have to go through the insurance claim filing process alone. And if you suspect your insurance company is acting in bad faith, we can help. To learn more about bad faith or to speak with an attorney, give us a call at 972-450-1418 or send us a message.

  • What Landlords Must Know About Commercial Lease Evictions

    The commercial lease eviction and residential lease eviction processes in Texas are similar. Yet, a commercial eviction will affect more than a single tenant. Often, commercial properties include office buildings, retail establishments and other places of business. 

    As a landlord, it’s your responsibility to handle the eviction process lawfully to protect your rights and the wellbeing of your commercial tenants.

    Understanding the Texas Lockout Law

    Texas law allows landlords to change the locks on a commercial property to communicate late rental payments. You’re able to lock tenants out of a commercial property if three factors are met:

    • If the tenant owes rent, your lease allows a lockout, and you follow the specific notice requirements
    • If you need to do repairs or construction
    • If the tenant has abandoned the property

    It’s important to understand that a lockout isn’t a formal commercial lease eviction, and your tenant can still regain access to their property.

    Next Steps in the Commercial Eviction Process

    In some cases, a lockout may not work or be appropriate. If that’s the case, it may be in your best interest to move forward with the formal commercial eviction process. We recommend reaching out to an attorney who can help you through the process. 

    The basic steps of the commercial eviction process are as follows:

    1. Review your lease agreement: You must make sure there are grounds for eviction. For example, if your tenant is late on rent but you offered a grace period, the eviction process can’t begin until after the period is over.
    2. Offer notice to vacate: You must first give your tenant at least three days’ notice to vacate the property unless your lease agreement states another period.
    3. File a forcible detainer suit: After the notice period is up, you can file a forcible detainer suit. If you win your case or your tenant fails to appear, you’ll receive a writ of possession for the property. This means your tenant will have 24 hours to vacate the premises.

    Trouble Evicting a Commercial Tenant? Let Us Help.

    The eviction process can be cumbersome for busy landlords. If you need assistance with evicting a commercial tenant, we can help. To learn more about commercial eviction or to speak with an attorney, give our legal team at The Fell Law Firm a call at 972-450-1418 or send us a message.