Mabank Landlord-Tenant Lawyer, Texas
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CONTACT 208 N. Market St., Dallas, TX 75202
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Jennifer A. Mitchell
Landlord-Tenant, Banking & Finance, Credit & Debt, Bankruptcy
Status: In Good Standing
12801 North Central Expy., Dallas, TX 75243
Profile LAWPOINTS™36/100
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LEGAL TERMS
USUFRUCT
The right to use property -- or income from property -- that is owned by another.
DEMURRER
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.
GOODS & CHATTELS
See personal property.
EXECUTRIX
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or femal... (more...)
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or female, this person is called either the executor or the personal representative.
DOWN PAYMENT
A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the... (more...)
A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the balance remaining, and pays it off in monthly installments over time.
WORK MADE FOR HIRE
A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright own... (more...)
A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright owner of a work is the person who pays for it, not the person who creates it. The premise of this principle is that a business that authorizes and pays for a work owns the rights to the work. There are two distinct ways that a work will be classified as 'made for hire.'the work is created by an employee within the scope of employment; or the work is commissioned, is the subject of a written agreement, and falls within a special group of categories (a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an atlas, an instructional text, a test, or as answer material for a test). The work made for hire status of a work affects the length of copyright protection and termination rights.
INVEST
(1) To formally grant power or authority to someone. For example, when the President of the United States is inaugurated, he is invested with all the powers of ... (more...)
(1) To formally grant power or authority to someone. For example, when the President of the United States is inaugurated, he is invested with all the powers of that office. (2) To contribute money to a business venture, or to buy property or securities, with the intention and expectation of making a profit.
INHERITORS
Persons or organizations who receive property from someone who dies.
APPRAISER
A person who is hired to determine the current value of real estate or other property.
SAMPLE LEGAL CASES
Coastal Oil & Gas Corp. v. Garza Energy Trust
... [23] Professors Prosser and Keeton explain: Thus a landlord cannot sue for a mere trespass
to land in the occupation of his tenant. ... [24]. Salinas's reversion interest in the minerals leased
to Coastal is similar to a landlord's reversion interest in the surface estate. ...
US Bank Nat. Ass'n v. Freeney
... To prevail and obtain possession in its forcible detainer action, the law requires appellant to show:
(1) the substitute trustee conveyed the property by deed to appellant after the foreclosure sale;
(2) the deed of trust signed by appellee established a landlord-tenant relationship ...
5 Star Intern. Holdings v. Thomson, Inc.
... Landlord shall furnish Tenant a written statement estimating: (i) Common Area expenses;
(ii) the total taxes dues for said calendar year; and (iii) total insurance premiums due
for the year (herein collectively the `Estimate'). Beginning ...
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