Commercial and Residential Landlords:
Whether you are a business or an individual, if you are operating as a landlord, it is imperative that you have a working relationship with an attorney. Texas Law is very complex when it comes to Landlord-Tenant issues and a simple mistake could cost you dearly.
Landlords must follow strict laws when it comes to security deposits, official notices, and legal actions, including evictions. A savvy landlord should always have a Landlord-Tenant Attorney on retainer, so that if any issues arise, they can be dealt with promptly.
If you are a landlord, you should seek legal advice about your lease, potential liabilities, and courses of action for problematic tenants as soon as they arise. Texas law provides for attorney’s fees and court costs to the prevailing party in most landlord-tenant actions, so you have a financial incentive to seek legal representation. There are four main reasons why landlords consult with a Landlord/Tenant Attorney:
Commercial and Residential Tenants:
We are one of few real estate law firms that represent commercial and residential tenants in the Dallas/Fort Worth area, as well as landlords. Although most of our clients’ problems have to do with maintenance (or lack thereof), we have seen every kind of landlord/tenant dispute you can imagine. From maintenance issues to lease and code enforcement disputes we handle every type of case that tenants have.
For tenants, the most common calls, and inquiries we receive every day are either for maintenance issues or unreturned deposits. Various types of cases we handle for tenants are:
Comprehensive Lease Assistance:
When entering into a lease agreement, it is vital to understand your commitments, duties, and contractual obligations. Both Landlords and Tenants have rights and legal responsibilities to one another and often the lynchpin of a landlord/tenant dispute is the blatant disregard for one such obligation. Litigation is the last resort in such cases because not only is it financially damaging, but lengthy, and contentious for both parties. At the Kazi Law Firm, we assist landlord and/or tenants in all aspects of commercial and residential leases, including but not limited to:
The most common residential lease contracts used in Texas are the Texas Association of Realtors (https://www.texasrealestate.com/) and Texas Apartment Association Residential Lease (https://www.taa.org/) forms. Use of these forms requires membership in the applicable association and the forms are copyrighted. It is highly recommended that one of these lease forms be used when entering a residential lease in Texas, as these forms are following the Texas Property Code and the courts are accustomed to the form and provisions in each of the agreements.
Negotiating real estate leases allows the opportunity for a landlord or tenant to gain certain benefits (as well as avoid specific pitfalls) in the transaction. Unlike brokers and real estate agents, attorneys can modify the actual language of the form and draft special provisions and addenda as part of the lease contract. Realtors are limited to simply filling in the blanks on promulgated forms. The most common issues and adjustments made by real estate attorneys to the residential lease contract include:
Hiring an experienced real estate lawyer for comprehensive contract review and drafting in residential lease transactions can greatly benefit a landlord or tenant in a transaction. At the Kazi Law Firm, we provide this service for an affordable flat fee.
What is the eviction process in Texas?
Eviction lawsuits in Texas are brought by landlords to regain possession of their property and unpaid rent. Justice of the Peace (JP) courts in Texas have jurisdiction over eviction or “forcible detainer” lawsuits in Texas. The eviction process is complicated and includes requisite notices, affidavits, and technical pleading requirements. Therefore, we highly recommend retaining an experienced real estate attorney to aid you with this course of action.
Evictions are primarily governed by Chapter 24 of the Texas Property Code. Steps in the eviction process include:
While the outline above depicts a simplified version of the foreclosure process, the reality is that notice requirements, IRS liens, bankruptcies, military service of borrower, and other laws make foreclosure a highly technical process. Whether you are in the position of borrower or lender, it is wise to use a real estate attorney to navigate the foreclosure process in Texas.
The Kazi Law Firm is proud to be one of the most respected, premier landlord-tenant firms in the Dallas-Fort Worth Metroplex. We aggressively and consistently serve clients in the following suburbs: Frisco, Plano, Prosper, Little Elm, Allen, McKinney, Celina, Richardson, Aubrey, Southlake, Colleyville, Flower Mound, Coppell, and Fairview.