Texas Leases And Leasing Legal Questions

Since your lease is with the owner/landlord, you did the right thing sending payment to them.  You must continue to honor the terms of your lease with the owner/landlord despite what the other tenant does.Your rights with respect to your co-tenant will be determined by the terms of your agreement with your co-tenant.  A co-tenant cannot evict another co-tenant.  But, if the arrangement is a sublease rather than a co-tenancy in the lease with the owner/landlord, the sublessor would have the same rights as a landlord with respect to the sublessee.... Read More

Unless the lease agreement provides otherwise, a tenant is liable to the landlord for any damage to the leased premises during the tenant's occupancy unless such damage was caused by the landlord or his agents.  If the estimate to repair the damage is $21,000, you can deduct $2,500 from the security deposit leaving a balance owed of $18,500, which is within the jurisdictional limits of a small claim for a justice of the peace court.Given the small amount involved, it is probably not worth it to hire a lawyer.  Whether to pursue the claim depends heavily on the financial condition of the tenant.  Texas has very generous exemptions, meaning that there is a lot of stuff you can't have a sheriff or constable seize to satisfy a judgment.  So, in many instances, a judgment becomes nothing more than a piece of paper that says the tenant owes your son a sum of money.  Of course, a judgment for damages to leased premises will appear on the tenant's credit report, which could create difficulties for the tenant in renting in the future.  So it may be worthwhile to pursue.... Read More

You can only collect storage fees if your friend AGREED to pay you storage fees.  Just because you want him to pay storage fees and told him that you want him to pay storage fees does not create an obligation on his part to pay you storage fees unless he agreed to them.You might be able to argue that he has abandoned the vehicle.  In Texas, you can apply for a certificate of authority to remove an abandoned vehicle from your own property.  https://www.txdmv.gov/motorists/buying-or-selling-a-vehicle/abandoned-vehiclesOnce you apply, the DMV will give notice to the registered owner to remove the vehicle.  If the owner fails to do so, the DMV will issue you a certificate of authority which will allow you to have the vehicle removed from your property.This may not be a perfect solution, however, as he has told you (apparently multiple times) that he will remove his truck from your property.  So he has an argument that you have actual knowledge that he has not abandoned the vehicle.  And he has an argument that you agreed to allow him to park his truck in your driveway, which creates what is called a "bailment" in law.  As the bailee, you are strictly liable to redeliver the property to the true owner.  So, if you choose to apply for a certificate of authority to tow the truck off your property, I strongly recommend that you deliver it to your friend's property to avoid being liable for misdelivering the truck.... Read More

Typically, a tenant is entitled to quiet enjoyment of the leased premises during the term of the lease.  As long as you are current on your rent payments and have not otherwise breached your lease, your landlord cannot make you move out until the end of your lease term.  If you do not have a written lease agreement, or if a prior written lease agreement has expired, your lease is most likely now month-to-month.  If so, your landlord can give you not less than 30 days written advance notice that he is terminating your lease.  Unless your lease permits your landlord to enter the premises during the lease term to show the property, you have no legal obligation to allow the realtors to enter until the lease ends.  It would be a kindness on your part to allow them to enter.... Read More