Tag: Landlord-tenant Matters

Leases of property in Texas, such as a house or apartment, are very common. When problems arise and either party is unhappy, a landlord-tenant issue may head to court. When that happens, a tenant will want pre-existing proofs of what the arrangement was, to support his or her claim.

Like other contracts, the Texas Property Code states that an enforceable lease in Texas can be oral or written. The law provides for various default duties of landlords and remedies of tenant. Oftentimes, the parties can agree to change some of the default rules of the landlord-tenant.

To change these statutory standards, there must often be a writing to that effect. Typically, both the landlord and the tenant will sign the writing to give it affect. Some examples of changes that should be in writing include the following:

• Expanding the duties of the landlord with regard to security devices or smoke alarms
• Requiring tenant to pay for certain damages to doors, windows and screens
• Requiring tenant to pay for certain damages caused by doors or windows left open
• Waiving a tenant’s right to trial by jury
• Charging a reconnection fee in an electricity shut off situation

As noted by the Texas Young Lawyers Association and the State Bar of Texas, tenants can protect themselves if they have a written lease with the owner from the start. However, even in an oral lease, often a tenant will want a subsequent understanding or arrangement to be  in writing. For instance, there are times when Texas requires a property owner to provide repairs within the rented dwelling as a matter of law.

The basic duty to repair certain items need not be in a written lease to be the tenant’s enforceable right. However, certain procedures must take place to trigger that duty to repair with regard to a specific item. A tenant must give a landlord notice that an item needs repair.

Verbally advising a landlord can cause a tenant problems later if the landlord fails to repair. It is difficult to prove that a conversation about repairs took place at all if one party denies it. It is more effective to put the request to repair in writing. Ideally, the tenant will send the dated writing by certified mail, return receipt requested via the United States Postal Service.

There are many steps a tenant can take as a matter of course to ensure that if there are problems with the landlord down the road, the tenant has proofs beyond mere allegations of what transpired. Putting things in writing, dated, is one of the most basic of habits a tenant can practice.

If your child is preparing to head off to college in the coming weeks, he or she is not the only one feeling some pressure and excitement. As a parent of a college, you also have a lot to think about and worry about, whether your child is going to school in the same city or moving across the country.

One concern you may have is where your child is going to live. Many students live off-campus in apartments or rental houses. This allows them much more freedom and independence than if they lived on campus, but it comes with some important responsibilities of which parents should also be aware.

1. Whoever signs the lease is ultimately responsible for payment. In many cases, parents sign or co-sign a lease for their child, which means that if your child and/or his or her roommates do not pay rent, you could be on the hook for payment.
2. A property can be too good to be true. Property owners in college towns know how to appeal to students. However, if the amenities and offers that attract young renters seem too good to be a true, a parent would be wise to investigate.
3. The lease is a legal document. Make no mistake about it: a lease is a legal document. Once you or your child signs it, you (or they) are agreeing to the terms set in that document. Make sure you read it thoroughly and address any questionable terms.
4. Issues can arise with the security deposit. A landlord might wrongfully withhold the deposit or take the money and run off without your child getting the property. To avoid this, make sure you do some research into the property owner, ask a lot of questions and again, read the lease and terms of the security deposit thoroughly.

As a parent, your children’s safety and well-being is likely your top priority when they are away at school. Ensuring they have a good place to live and are not being scammed or cheated out of money is a responsibility you should take seriously.

If a dispute does arise between the landlord and you or your child, it is important to take that seriously as well. Working with an attorney to protect your rights and resolve the matter fairly can be in your best interests.

Commercial leases are in place to provide critical guidance to landlords and tenants. These agreements should be clear and enforceable, as any inconsistencies, vague terms or missing information can spark disputes later on.

For instance, Texas-based grocer Whole Foods is involved in a dispute regarding one of its stores in another state. The store and the landlord are battling over the closing of the store, which became necessary after owners learned that it was infested with pests, including rodents and insects.

According to the terms of the commercial lease both parties signed, store closures are permitted, as long as they are not in excess of 60 days. This location has been closed since March 13, and there are no immediate plans to open until a massive renovation is completed.

However, Whole Foods argues that the landlord will not sign off on the renovations, and the grocer filed a lawsuit after it received a notice of default from the landlord.

On the one hand, it makes sense that Whole Foods would need more than 60 days to renovate the location to remedy the infestation problem.

On the other hand, the lease agreement states that the 60-day limit can be extended only in situations where the extension stems from matters beyond the control of either the landlord or the tenant

Now it will be up to the courts to determine if the planned renovation meets the standard necessary to qualify for an extension.

This case is a good example of how two sides can have two different opinions on a seemingly clear element in a lease agreement. One side can see an exemption or exception as reasonable, while the other side has a very different take on the matter.

When there is money and real estate on the line, it can be crucial to fight for your side to prevail.

If you are a commercial landlord involved in a dispute with a tenant over the terms of your lease, it can be crucial that you consult an attorney who can help you make your case. With legal guidance, you can request that the courts enforce the terms of a lease agreement or find a way to resolve the matter directly with the tenant.

Large or small, luxurious or modest, your home should be a place where you feel safe and comfortable. It is where your family is, where your pets live and where you keep your most valuable possessions.

Considering all that people have under their roofs, it makes sense that they typically go to great lengths to ensure their home is protected. Threats of eviction can put all of this into jeopardy, so it is crucial that Texas renters understand the basics of the eviction process. Below are some important clarifications.

1. You cannot just be tossed out on the street. To be lawfully evicted, landlords must give proper notice to a tenant who is unlawfully using or in possession of a rental property.
2. Evictions will typically stem from certain violations. This can include failure to pay rent, engaging in illegal or undesirable actions or violations of specific lease terms, such as smoking or having a pet.
3. After you receive notice, eviction is not immediate. You may be able avoid the eviction by remedying the violation that sparked the action. For example, you can pay unpaid rent or relocate unapproved pets or guests.
4. Even if you can’t or won’t correct bad behavior, you still have three days from the time you receive notice to move out, in accordance with Texas eviction laws. However, you may have more or less time if you agreed to such a period in a lease.
5. If you still have not vacated, then a landlord can file a lawsuit for forcible entry and detainer against you. If legal action is successful, law enforcement agents can come to your property and remove you.

As you can see, you still have rights as a tenant, even if you are facing eviction, and the process doesn’t happen overnight.

However, it is generally not in anyone’s best interests to just hope for the best or do nothing when an eviction notice is filed. Tenants and landlords would both be wise to consult an attorney to assess their legal options and rights. Based on the details of an individual case, there can be ways to resolve a dispute without having to go to court and without having to lose a home.

One of the biggest fears Texas tenants have when they are leasing residential space is that they could lose their home if they get in a dispute with the landlord. However, there are protections in place that prohibit landlords from retaliating against tenants for various reasons.

In other words, landlords cannot take negative action against tenants for unlawful reasons. If you are a tenant, knowing what these reasons are will give you confidence that you can protect yourself without risking eviction.

According to Texas laws, a landlord cannot take negative action against a tenant who:

• Requests that a landlord complete repairs
• Reports building or housing code violations to government entities
• Attempts to enforce the terms of a lease agreement
• Organizes or participates in a tenant group or association

These are all lawful, protected actions that tenants are allowed to take without having to face consequences from their landlord for six months.

These consequences include cancellation of lease, increase of rent, decrease in services, filing of eviction papers or interfering with the tenant’s rights. Engaging in any dishonest or misleading action in response to a tenant’s exercising of his or her rights is also prohibited.

What all this means is that tenants have the right to report violations and hold a landlord accountable for lease terms without fear of losing their home in retaliation. However, sometimes it is not clear if certain actions are retaliatory or not, or if certain tenant actions are protected or not. 

Because of this, it is wise for a tenant to discuss with an attorney any concerns or questions about their rights and legal protections, should a dispute arise. Disputes between tenants and landlords can become quite contentious, and tenants often feel at a disadvantage. However, with legal guidance, Texas tenants can protect themselves and their home.

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.