Landlord And Tenant Legal Questions

In an eviction suit, the issue is usually did the tenant timely pay the rent required to the landlord.  Your request for a continuance should focus on why you need more time to obtain and present evidence that you timely paid the landlord the rent due.  If your particular eviction is based on something other than non-payment of rent, you need to focus on why additional time is needed to obtain and present evidence refuting whatever breach of the lease the landlord is using to evict you.  Note that the trial of an eviction case can only be postponed a maximum of 7 days unless the parties agree.  TRCP 510.7(c).One of the biggest mistakes tenants make in eviction proceedings is reciting excuses for why they couldn't pay their rent on time.  Making such excuses helps to prove the landlord's case that the tenant did not pay rent on time.  If you couldn't--and therefore didn't--pay your rent on time, you should negotiate with your landlord to pay what you owe plus a little extra for the landlord to waive, or forbear on exercising, its right to evict you.  ... Read More

Hello, Generally speaking, you have 5 days from the date the eviction judgment was signed to appeal it to the County Court or County Court at Law. You must also post a bond or file a statement of inability to post bond. Once at the County Court, you will have a "trial de novo" which essentially means a brand new trial from scratch. Note that while your appeal is pending, you must continue to pay rent if you are staying at the rental property. For more information, the following links are very helpful: https://guides.sll.texas.gov/landlord-tenant-law/appealing-an-eviction  https://texaslawhelp.org/article/appealing-an-eviction  If you believe that you may still need to appeal it or if the grounds for your eviction are more complicated than non-payment of rent, I strongly suggest you hire an attorney to handle the appeal as the rules of evidence and procedures are more strict in County Court than in the Justice Court where the original eviction is done. Best wishes, James M. Ringel... Read More

If the lawyer lied and you can prove it, you can file a complaint with the attorney grievance commision to do that: you need the transcript or document that the attorney filed that is false and then irrefutable documentation that it was false understand that there is a difference between saying something wrong without intending to lie and saying something wrong and you know or should have known it was wrong. the last bit is the sin the grievance commission does not tolerate. this is a high bar to reach. attorneys are allowed to rely on what their client's tell them until it is obvious that there is not chance what they are saying is true. if this matter is in 36th district court, there are a couple of lawyers there who have well earned reputations for falsehood. To prevail against them, you will probably need to team up with several other defendants to show a pattern and practice of this conduct. If you want to call and get more information about this process, feel free do so. ... Read More

Best to give notice to the landlord and ask them to excuse the lack of notice (they need a few days to get the place ready for the next tenant) ask they excuse the late notice IN WRITING, otherwise, you might owe rent for both places. depends on how difficult your current landlord wants to be... Read More

Yes you can. Once the eviction is appealed after the Justice Court, the new court will hear it "de novo" which means the new court will not look at the arguments made at the Justice Court and all of the facts/law must be re-argued from scratch. Therefore, it's important you attend the new trial and argue it just as well (or better!) than you did at the Justice Court. Do note that technically different rules of civil procedure apply to Justice Court and District/County Courts.... Read More

If you have a lease - your lease likely controls the issue not the sale of the property. If you are a MTM or WTW renter, then all you get is a written notice terminating the tenancy. There is no "legal papers" involved unless you refuse to leave, in which case you bait the landlord to file an eviction which will damage your rental record. ... Read More

Michigan law is very specific about security deposits. Many landlords do not comply but, if they have a lawyer, you will be at a distinct disadvantage. It is likely that a lawyer review of your lease and case would be a very good idea. If you are looking for a consultation am located in Southeast Michigan. Best of luck to you. ... Read More

You will need to retain a lawyer to pursue such a claim and in most instances will have to pay for the experts and costs and often the legal fees in advance. That stated urine tests for mycotoxins are generally sale gimmick garbage and have specifically be rejected by the FDA and CDC as being worthless. The first step is to secure a written opinion from a licensed mold assesor after testing and inspection of the property re what type and how much mold is present. Black colored mold or mildew is not inherently toxic black mold. Once the extact type and circumstance of mold is determined then you will need to secure written opinion from a treating physician, commonly a neurologist, toxicologist or immunologist to address any toxicity issues. Stay away from holistic nutbag doctors as they are typically going to skim your cash for snake oil treatments, and have little ot no credibility in court. Mold toxicity issues are VERY expensive and difficult to establish abent excpetional cases as a general rule. ... Read More

Your question has nothing to do with Wills and Probate, which may be why any first post you made was deleted. I've changed the practice area to Landlord and Tenant Law in hope of helping you get some answers from attorneys who practice in the relevant area. You will likely have to evict your daughter even if she isn't paying rent.... Read More

No you cannot just rescind things after the facts. "Do overs" and "take backs" stopped in 3rd grade. if you are no on a lease and are MTM you need to comply with Fla. Stat. 83.57 and terminate the tenancy properly. If you have a lease you are stuck unless the lease has some form of early termination provision. ... Read More

The problem with cosigning anything is that you are taking on the responsibility of payment if the person primarily responsible doesn't pay.  See if you can work things out with the landlord regarding the past due rent.  It is not likely that he will agree to remove you from the lease.  Your daughter could also apply for ERAP the Emergency Rental Assistance Program.  Contact your County Bar Association to get information for a non-profit that can assist your daughter with the application.   ... Read More