Texas Landlord-Tenant Statutes, (Property Code, Title 8), Chapter 91, Provisions Applicable to All Landlords and Tenants (Residential and Commercial)

Texas Landlord-Tenant Statutes, (Property Code, Title 8), Chapter 91, Provisions Applicable to All Landlords and Tenants (Residential and Commercial)

This is part of the Real Property Law Class for Real Estate Salespersons and Brokers.

First, we review what every Principal needs to know.

Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) one month after the day on which the notice is given.
(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(d) If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.
(e) Subsections (a), (b), (c), and (d) do not apply if:
(1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or
(2) there is a breach of contract recognized by law.

Acts 1983, 68th Leg., p. 3625, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 200, Sec. 3, eff. Aug. 26, 1985.
Sec. 91.003. TERMINATION OF LEASE BECAUSE OF PUBLIC INDECENCY CONVICTION. (a) A landlord may terminate a lease executed or renewed after June 15, 1981, if:
(1) the tenant or occupant of the leasehold uses the property for an activity for which the tenant or occupant or for which an agent or employee of the tenant or occupant is convicted under Chapter 43, Penal Code, as amended; and
(2) the convicted person has exhausted or abandoned all avenues of direct appeal from the conviction.
(b) The fee owner or an intermediate lessor terminates the lease by giving written notice of termination to the tenant or occupant within six months after the right to terminate arises under this section. The right to possess the property reverts to the landlord on the 10th day after the date the notice is given.
(c) This section applies regardless of a term of the lease to the contrary.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.004. LANDLORD’S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.
(b) To secure payment of the damages, the tenant has a lien on the landlord’s nonexempt property in the tenant’s possession and on the rent due to the landlord under the lease.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.005. SUBLETTING PROHIBITED. During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.006. LANDLORD’S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.
(b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.

Added by Acts 1997, 75th Leg., ch. 1205, Sec. 8, eff. Sept. 1, 1997.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Now, this is the part that licensees need to remember for the Texas Real Estate Licensing Test

The recommended advice to agents is to NOT allow a situation where the Buyer moves in before closing, however.  It is a ready opportunity for Buyer’s Remorse, or any problems with the Buyer’s loan, the survey, even with the Seller’s title corrections could lead to a situation with having to terminate the temporary tenancy without completing the closing.

The opposite, where the Seller remains after closing has fewer dangers, since the Seller is already aware of the property condition, and the promulgated agreement takes care of other problems, like damage, or casualty, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS

Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) one month after the day on which the notice is given.
(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(d) If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.
(e) Subsections (a), (b), (c), and (d) do not apply if:
(1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or
(2) there is a breach of contract recognized by law.

Acts 1983, 68th Leg., p. 3625, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 200, Sec. 3, eff. Aug. 26, 1985.
Sec. 91.003. TERMINATION OF LEASE BECAUSE OF PUBLIC INDECENCY CONVICTION. (a) A landlord may terminate a lease executed or renewed after June 15, 1981, if:
(1) the tenant or occupant of the leasehold uses the property for an activity for which the tenant or occupant or for which an agent or employee of the tenant or occupant is convicted under Chapter 43, Penal Code, as amended; and
(2) the convicted person has exhausted or abandoned all avenues of direct appeal from the conviction.
(b) The fee owner or an intermediate lessor terminates the lease by giving written notice of termination to the tenant or occupant within six months after the right to terminate arises under this section. The right to possess the property reverts to the landlord on the 10th day after the date the notice is given.
(c) This section applies regardless of a term of the lease to the contrary.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.004. LANDLORD’S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.
(b) To secure payment of the damages, the tenant has a lien on the landlord’s nonexempt property in the tenant’s possession and on the rent due to the landlord under the lease.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.005. SUBLETTING PROHIBITED. During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord.

Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 91.006. LANDLORD’S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.
(b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.

Added by Acts 1997, 75th Leg., ch. 1205, Sec. 8, eff. Sept. 1, 1997.

 

Best Bankruptcy Attorneys in San Antonio

You may ask, how do I find the best bankruptcy attorney for my foreclosure defense, debt relief, etc, near me?

My  suggestion is to look at the ones that are in Bankruptcy Court every day, doing motions to modify, defending lift stays, Chapter 13 confirmations, obtaining cash collateral for their clients.

Where do we find the best,  most active attorneys? Look in the docket calendar for the bankruptcy courts.

Upcoming bankruptcy dockets can be found at http://www2.txwb.uscourts.gov/calendar/calendar_index.htm

Let’s look at one of the larger dockets of the last year, January 28, 2016 in Judge Gargotta’s Court.

Which attorneys had the most cases?

J. Todd Malaise 387
Joris Robert vanhemelrijck 79

Heidi Mcleod 47

Rick Flume 24

Raymond J Vale Jr 7

Madgalena Gonzales 20

Ricardo Ojeda Jr 11

Lewis E. Buttles 10
John L. Sanders Sr 5
Ruben E. Vasquez 48
Morris Joseph Kirschberg 4

source: Attorney David Bosworth
www.mysanantoniolawyer.com

 

 

 

New Location for Foreclosure Auction and Bid Purchases in Bexar County

For a few months the Buyers, Bidders, Trustees, and Sheriffs have been meeting at a new location, on the First Tuesday of the month, of course, for the foreclosure sale. This is much better than the cramped stairway at the Courthouse, or the Federal building, with its undependable elevators. There is no protection from rain, or Summer heat, though, so it makes bidders work for their bargains. It is actually alongside the old Main Street between the Courthouse and the Elizondo Tower and Justice Center.

The “legal description” is: Bexar County in San Antonio, Texas, at the following location: the Courthouse, between the Bexar County Courthouse and the Paul Elizondo Tower near the intersection of E. Nueva Street & S. Main Avenue.

Some of the properties available are on this site:

https://www.auction.com/residential/tx/san-antonio_ct/

Tagged as: attorney, foreclosure, real estate, repossession, san antonio, taxes, texas

Residential (Non-Commercial) Real Estate Sales and Closings

Friends,

Another prospective client called the office recently, asking for legal counsel and assistance on a real estate closing transaction.

This office has had a set price for that type of transaction for some years. In sending this gentleman an email about hiring this office, I put in the general terms that I would use for anybody. With putting them in this post, I can inform the public, and copy those statements back for future prospects.

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Thank you for calling about handling a contract for the sale of real estate. As stated on the phone, our office usually handles a non-commercial transaction for $950 in fees, not including any filing fees, or other costs, taxes, certificates, surveys, title insurance, etc.

On these, I expect that to be a set price for any and all work that this office can do the counsel on the sale, from prospective contracts, counseling on inspectors, surveyors, etc,, reviewing contracts and title reports, preparing deed, note, deed of trust,closing statement, etc., if needed, and closing at this office is needed. There is probably some sensible limit if this goes on and on, with multiple buyers, etc, but we really haven’t ever hit that.

Please send me information as to the location, tax receipt, last deed if you have it. [Guadalupe/Wilson/Real/Atascosa/Frio County] doesn’t have quite the availability of documents that Bexar County has.

We can start with a down payment of $450, and with paypal charges of about $10, that can be paid at the bottom of the page on www.mysanantoniolawyer.com.

Please contact me with comments or questions.

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And that goes for you, too.