All Forum Posts by: Robert Melcher

The full amount is due on the due date.  Late fees continue to apply for the unpaid balance and I give notice and typically fiel before the 10th, leading to more charges.

Everyone is treated the same. No pay, part pay, late pay.  

the deposit is for damages, financial or physical, which are ultimately the same.  Take both from the deposit.

My fallback includes two items:

The state allows X days (in Texas it is 30). We batch process returns and they ALL mail out of our accounting office on or before the 30th day.

Also, I can never be sure when I will get any invoices, especially when it involves a GC with subs. To ensure an accurate accounting, it will be closer to the end of the 30 days.

I've used this attorney in DFW:

Suster-Law-Group1
1316 Village Creek Drive, Suite 500
Plano, TX 75093

I'm sorry.  Fratricide?

Since you collected the deposit and took the property off the market, It seems to me there is a valid lease in place.  Sorry for your troubles, but we have a contract.

They need to provide a death certificate and get a release of the security deposit from the other guy's estate.

If they qualify without the third member, I would execute a revised lease in their names only.

Don't forget that if they put in a security door, they won't want a thumb latch to operate the deadbolt, since anyone could reach through the bars to unlock it.  I suspect they would want a key lock on the inside, or some positive locking feature. 

This would make you liable for fire safety, since you can't (at least in Texas) have a double keyed-deadbolt on an exit door.  Envision little faces pressed against the bars through the smoke...

Odd conditions apply with water.  You may have a bad wax ring and unstable toilet, since its below a bathroom, but also be aware that water will run down a vent pipe that goes through the roof, if the boot on the roof penetration is bad.  Recent rain? Snow on the roof? How about a caulk leak in the shower/pan/tub?  Or a bad joint in in a gooseneck?  Sometimes they don't show up until there is a second problem, like a slow drain/obstruction.   Ask if your  plumber has a moisture meter/detector.  You need to pinpoint the source.  It ain't always easy.

The tenant was in residence for 9 years.  Carpet and paint, and most of the appliances are fully depreciated and only the items aggravated by failure to report them can be justified in court.

We have to hold the line with the landlord's responsibility to respond and repair the issue.  The resident has to insure their possessions, and the landlord's liability ends at the timely repair.