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Legislative Update: Residential landlords can no longer prohibit possession of firearms and ammunition.

6/11/2019

 
Section 92.026. of the Texas Property Code provides that effective September 1st 2019,
"Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:

(1) in the tenant's rental unit;

(2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or

(3) in other locations controlled by the landlord as

necessary to:

(A) enter or exit the tenant's rental unit;

(B) enter or exit the leased premises; or

(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests."
Landlords will still be able to prohibit firearms in common areas that residents and guests do not need to go through to enter or exit the resident's unit.

Landlord Charging Penalty and Reletting Fee After We Moved Out Early

10/20/2017

 
I had to move out of my apartment after only a few months, and the apartment complex is telling me I owe them rent and a reletting fee for not providing enough notice. Since moving in there was a water leak. We had to turn off the water at the wall and the toilet and had a leaky moldy toilet for a couple days before the landlord fixed it. We had other problems such as the electricity going out, trouble with the locks, and bugs.  This is why I moved out. Do I still have to pay considering it's their fault I moved out?

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Selling my house, buyer backed out after his option period and wants his earnest money back.  Do I have to give it back?

10/17/2017

 
Picture
I'm selling my house, and I had a buyer.  We signed the contract, did the inspections and all the usual stuff, and made it through the option period.  I thought this was a done deal, but he just backed out and is demanding his earnest money back.  Do I (or the escrow agent) have to give it back or not?  Keep reading for the answer.


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Can receipts be used as evidence of a contract for the sale of a home?

2/15/2017

 
We were purchasing a home from a friend with owner financing. We were working on a contract, and the seller gave us all these details about the contract for purchasing this home. We have a few receipts with our names, date, amount, and saying, for purchase of house on [#### xxxx Rd., TX,] and the seller's signature. Now, the seller is trying to back out and deny the sale ever happened. If we took this to civil court, would the receipts help us? Keep reading for the answer.

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I'm thinking of adding my husband to my deed. Will this make it community property?

11/21/2016

 
How does adding your spouse's name to the deed for your separate property affect the characterization of that property? Does putting your spouse's name on the deed make the property community property?

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Characterizing Marital Property, Inception of Title

3/7/2016

 
Q: I've been told that once I become married, everything will become community property. Is this right? I have a house I've already paid off. My fiance also has her own house, and she's almost paid off the mortgage. Is it true that these houses will become community property once we're married? What will my fiance's house be if I make some of the mortgage payments after we're married?

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I had an oral agreement to buy a house, but now the seller is trying to take it back. What can I do?

2/9/2016

 
In Texas, agreements for the sale of real property fall under the statute of frauds. This means they must be in a written agreement signed by the person against whom enforcement is sought. This can be found in Texas Business and Commerce Code sections 26.01(a), 26.01(b)(4).
... (a) A promise or agreement described in Subsection (b) of this section is not enforceable unless the promise or agreement, or a memorandum of it, is
(1) in writing; and
(2) signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him.
 
(b) Subsection (a) of this section applies to:
(1) a promise by an executor or administrator to answer out of his own estate for any debt or damage due from his testator or intestate;
(2) a promise by one person to answer for the debt, default, or miscarriage of another person;
(3) an agreement made on consideration of marriage or on consideration of nonmarital conjugal cohabitation;
(4) a contract for the sale of real estate; ...
Under Texas case law, the agreement must contain the essential elements of the agreement so that the court can determine what exactly the agreement was without resorting to oral testimony.

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Father died leaving me the house. His wife won't move out. What can I do?

11/26/2015

 
Under Texas law, a surviving spouse has a life estate in the marital homestead. This life estate gives the surviving spouse a right to live there for so long as she lives or until she chooses to move out.

First, what is a marital homestead? Generally, the marital homestead is real property and any improvements placed on it that's used by a married couple as their home. What qualifies as a homestead depends on whether the real property is urban or rural. Urban areas are those which are located within a municipality's limits, extraterritorial jurisdiction, or platted subdivision; have a police force and either a paid or volunteer fire department; and have at least 3 of the following services through a municipality: electric, water, sewer, storm sewer, and natural gas. Homesteads located in urban areas, urban homesteads, are limited to 10 acres. For more on the definitions of urban homestead and rural homestead, see Article 16, Section 51 of the Texas Constitution; Tex. Prop. Code §41.002(a).

If the father was married at the time of his death, then his surviving spouse has a right to continue living in the home for so long as she chooses. Tex. Const. art. 16, §52; Tex. Est. Code §102.005. The fact that the father left the property to his child doesn't change this. See Tex. Est. Code §102.002.

Despite the protections from forced sale provided by the Texas Constitution, Property Code, and Estates Code, there are certain circumstances under which a forced sale is possible under Texas law. These and other legal options should be discussed in private with an attorney.
     
    NOT LEGAL ADVICE. 


    Nothing on this website is legal advice. The information on this site is general in nature and might not apply to your individual situation.

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