Houston Business Litigation, Consumer Debt, and Real Estate Attorney
Call Today: (832) 305-7694
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Houston, Texas 77036
 
Within two days of the flood, I received multiple emails for help. One person said, “My rent house was completely flooded, and my landlord kicked me out. I have no place to go.”

Whether you are a Landlord or a Tenant, you have certain rights and obligations with a rent house after a natural disaster. For a quick review of your rights, read your written lease. You may also want to speak with a professional who practices Landlord/Tenant Law. For a free consultation, call (832) 305-7694.

How long does a Landlord have before repairs must be completed?

Do you have the right to terminate your Lease?

Can a renter withhold rent while repairs are pending?

What must a landlord do if a residential rental unit is uninhabitable?

Can hotel and food costs be refunded?

Don’t act without knowing the answers to your specific questions. Many answers are fact specific to your situation and to your lease. Don’t risk making yourself a target for an Eviction or a Repair & Remedy lawsuit.

 
 
The court is only allowed to give you 5 days after an eviction.  After 5 days, the landlord will have the right to obtain a Writ of Possession.  That grants the constables the authority to come to your residence, force you and all other occupants out, seize all of you personal property, and then auction that property for the benefit of your landlord.  

Don't let this happen.  You can either move out, or you can appeal.  To appeal, you'll have three options.

1.  Cash Bond.  You pay an amount set by the court, pay filing fees, and wait for the county to send notice of the new trial setting;

2.  Surety Bond.  You and another resident (who does not live with you) of Harris County swear to be bound to the judgment on appeal.  You  
pay filing fees and wait for the county to send notice of the new trial setting;

3.  Affidavit of Inability to Pay.  You file a sworn affidavit with the Court which explains why you are unable to pay the Cash Bond.  However, within five days, you must pay one month's rent into the Court's registry (and every future month until your appeal is heard).  If the Court accepts your affidavit, you pay no filing fees and wait for the county to send notice of the new trial setting.

While filing the appeal may give you additional time, it does nothing to remove the judgment from your record.  Talk to an attorney about how a negotiated settlement can help you move into your new home within a comfortable time frame and without the harm that comes from a judgment for eviction on your record.  

Legal Disclaimer

This blog site provides only general information about the law and does not, under any circumstances, constitute legal advice. You should not act or refrain from acting based on these materials without first obtaining the advice of professional legal counsel.

 
 
This happens all the time. The lease for a rent house or an apartment is up. A deposit was paid, but the owner claims that none of the deposit will be returned. What are your rights?

Well, unless the owner has a valid legal justification, which is possible, you should probably get your deposit (or some portion of it) back. However, what happens if it turns out that the owner had no valid legal justification for withholding that deposit? Will a Texas court require the owner to pay up?

If your facts are right, the courts can award your deposit, your attorney fees, and a sizable penalty against an owner who illegally withholds a deposit. To know if your situation fits the recipe for civil recourse against a bad landlord, contact an attorney. You may be entitled to recover your lost deposit and more.

Legal Disclaimer

This blog site provides only general information about the law and does not, under any circumstances, constitute legal advice. You should not act or refrain from acting based on these materials without first obtaining the advice of professional legal counsel.


 

Houston Business Litigation, Consumer Debt, and Real Estate Attorney