leases/landlord tenant

Question 1

What is a tenancy at will?

Answer 1

A tenancy is with the landlord’s permission that can be terminated at any time by either party. Typically occurs after the completion of an actual lease.

Question 2

What is a tenancy at sufferance?

Answer 2

A tenancy where the tenant remains in possession of the property without the landlord’s consent.

Question 3

How are damages calculated in a tenant at sufferance situation?

Answer 3

The proper measure of damages is the reasonable rental value of the property during the holdover period.

Question 4

What is the “Property Owner Rule”?

Answer 4

A rebuttable presumption that the owner of a property is personally familiar with his property and knows its fair market value, and thus is qualified to express an opinion on the value.

Question 5

Can a commercial tenant terminate a lease for a material default by the lessor?

Answer 5

Termination is available as a remedy for breach of the implied warranty of suitability. If the landlord does not provide a habitable space, the tenant can terminate.

Question 6

What must a tenant provide to a landlord to receive a refunded security deposit?

Answer 6

A written statement of their forwarding address for the purpose of refunding the security deposit.

Question 7

How long does a landlord have to refund a security deposit un 92.103

Answer 7

Thirty days.

Question 8

What must a landlord provide to a tenant if the landlord retains any of the tenant’s security deposit?

Answer 8

Landlord must give the tenant a written description and an itemized list of all deductions along with the balance of the deposit.

Question 9

What is the penalty for unlawfully retaining a security deposit?

Answer 9

Sum of $100 + three times the amount of the retained deposit + tenant’s reasonable attorney’s fees

Question 10

Forcible Entry is:

Answer 10

An entry without the consent of the person in actual possession of the property; an entry without the consent of a tenant at will or by sufferance or an entry without the consent of a person who acquired possession by forcible detainer.

Question 11

Forcible Detainer is:

Answer 11

a tenant or subtenant who willfully and without force holds over after the termination of the tenant’s right of possession; a tenant at will or by sufferance, including an occupant at the time of foreclosure of a lien superior to the tenant’s lease; or a tenant of a person who acquired possession by forcible entry

Question 12

Who has exclusive jurisdiction over eviction matters

Answer 12

JP court where the property is located

Question 13

What are the legal requirements for an assignment of alease?

Answer 13

Since an assignment for a lease is an interest in real property the statute of frauds applies if the lease is for longer than 1 year.

Question 14

What are the applicable time frames for a notice to vacate?

Answer 14

Per 24.005; if the tenant defaults on an existing lease or holds over after the lease expiration, the landlord must provide at least three days’ written notice to the tenant prior to filing suit for forcible detainer. 2) if the tenant is a tenant at will or by sufferance the landlord must give 3 days’ ntv prior to filing a FDE suit; 3) If the occupant was a tenant of a foreclosed property and the occupant is current on their rent-the new owner must give 30 days’ notice that the owner will not be continuing the lease prior to filing suit

Question 15

What must be provided in a notice to vacate?

Answer 15

Per 24.005; the notice to vacate shall be given in person or by mail at the premises in question; personal service must be to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. If affixed to the door the notice must be in a sealed envelope with the All caps “IMPORTANT DOCUMENTS” on the outside of the envelope. Notice by mail may be by regular, registered, or certified mail return receipt requested to the premises in question.

Question 16

What damages may be sought in an eviction case?

Answer 16

unpaid rent, possession of the property, and if a 10 day notice to vacate was given-reasonable attorney’s fees.

Question 17

What must be included in an affidavit to appeal as a pauper?

Answer 17

1) Tenant’s identity; 2)nature and amount of tenant’s employment income; 3)income of the tenant’s spouse, if applicable and available to the tenant; 4) the nature and amount of any government assistance the tenant receives; 5)all other income of the tenant; 6)the amount of available cash and funds available in the savings or checking accounts of the tenant; 7)real and personal property owned by the tenant; 8)the tenant’s debts and monthly expenses; 9) the number and age of the tenant’s dependents and where they reside;

Question 18

What is the process for opposing a pauper’s affidavit?

Answer 18

The pauper’s affidavit can be challenged at a hearing in the JP court or when the case goes to county court. The court that has jurisdiction over the case may modify the amount or form of bond.

Question 19

Must a tenant under a lease pay rent during appeals?

Answer 19

If an eviction is granted in JP court, the court shall set the amount of monthly rent payments to be made into the registry of the court during the appeal or the owner who received judgment can seek a writ of possession.

Question 20

When can a writ of possession be requested?

Answer 20

No earlier than after the 6th day after the judgment was signed.

Question 21

What is a warehouseman’s lien?

Answer 21

If personal property is removed from a tenant’s premises as the result of an eviction and stored in a bonded or insured public warehouse, the warehouseman has a lien on the property to the extent of any reasonable storage and moving charges incurred by the warehouseman. The lien does not attach to any personal property until the property has been stored by the warehouseman.

Question 22

How long does a warehouseman have to wait to execute the lien

Answer 22

30 days.

Question 23

Can a non-lawyer represent a corporate entity in an eviction appeal case?

Answer 23

Only if the person is an employee, owner, officer, or partner of the entity.

Question 24

Is there civil liability for a landlord that permits or facilitates entry to a residence in accordance with a writ of possession?

Answer 24

No. A Landlord is not civilly or criminally liable for an act or omission that arises in connection with permitting or facilitating the entry.

Question 25

Is it a criminal offense to interfere with a person or peace officer executing a writ of possession?

Answer 25

Yes. It is a class B misdemeanor.