The relationship between landlords and tenants is delicate. It does not take long for the link to fracture. Lessees and lessors both have rights and responsibilities. It is essential to understand those rights and obligations with a Waco real estate lawyer. Making your lease less complicated is our main priority. Proper contract drafting can avoid future litigation involving landlords and tenants.
Our Waco real estate lawyers help tenants and landlords in all aspects of commercial and residential leases, including:
- Contract drafting and interpretation
- Early rent or past-due rent collection
- Foreclosure evictions and defense
- Lease termination disputes
- Negotiation of lease terms
- Property use disputes
- Wrongful evictions/unlawful detainers
In many situations, an agreement can be reached through negotiation. However, if a satisfactory solution between landlords and tenants cannot be reached, taking the dispute to court may be required. We go to court over these disputes when it’s the right call for our client. Dunnam & Dunnam has handled many commercial and residential landlord-tenant disputes. If you are facing a landlord-tenant matter, contact our real estate attorneys to discuss the legal rights that apply to your specific situation at 254-753-6437.
Residential Real Estate Leases
For a tenant who has a month-to-month lease, as long as he or she has already lived at the property for more than one month, at least one month’s notice for termination of the lease is required. But if the tenant has signed a contract saying only 24 hours’ notice is necessary, that shorter notice can be held up in court.
Nonpayment of rent is the most common reason for termination by a landlord. But it can also include other violations like having a dog in a no-pets apartment or disturbing the neighbors in a way that is prohibited by the lease.
All Texas tenants have the right to live in decent, safe, and sanitary conditions. Landlords in Texas must make necessary repairs to ensure that it remains that way. This includes resolving problems with pests, providing hot water, functioning locks on windows and doors, operational smoke detectors, and other health and safety issues.
But to hold a landlord accountable, the lessee must:
- Make sure all rent is paid.
- Send a written request by certified mail or delivery service that can confirm delivery.
- Give the landlord seven days from the point of receiving the letter to repair.
- If seven days have passed, send a second letter as a final notice, mail or delivery service, and receive confirmation of delivery.
Landlords have 30 days in Texas to refund a tenant’s security deposit. Should the landlord retain all or part of the security deposit, the tenant should receive an itemized list and description of the deductions and costs.
Landlord-Tenant Attorney in Waco
If you have a landlord-tenant issue in the Waco area, contact Dunnam & Dunnam. We can provide you excellent legal advice for your matter to avoid court and superb advocacy if you need to go to the courthouse for resolution—call 254-753-6437 for a free consultation.