Leonard Landlord-Tenant Lawyer, Texas
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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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One Bent Tree Tower, 16475 Dallas Parkway, Addison, TX 75001
Profile LAWPOINTS™35/100
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Sohrab Gilani
Insurance, International Other, Landlord-Tenant, Property Damage
Status: In Good Standing
Plano, TX 75026
Profile LAWPOINTS™22/100
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Susan Zonca Wright
Landlord-Tenant, Clean Air Practice, Collaborative Law, Family Law
Status: In Good Standing Licensed: 34 Years
Rockwall, TX 75087
Profile LAWPOINTS™29/100
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LEGAL TERMS
HOUSE CLOSING
The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has b... (more...)
The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has been recorded.
OFFER
A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some... (more...)
A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some essential terms--including the price and subject matter of the contract--and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract.
CLEANING FEE
A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave ... (more...)
A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave the place spotless. Cleaning fees are illegal in some states and specifically allowed in others, but most state laws are silent on the issue. Landlords in every state are allowed to use the security deposit to clean a unit that is truly dirty.
DEVISE
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some s... (more...)
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some states, 'devise' now applies to any kind of property left by will, making it identical to the term bequest. Compare legacy.
RIGHT OF SURVIVORSHIP
The right of a surviving joint tenant to take ownership of a deceased joint tenant's share of the property. See joint tenancy.
PRECEDENT
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judg... (more...)
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.
FRIENDLY SUIT
A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two compani... (more...)
A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two companies might bring a friendly suit to court in order to clarify a legal interpretation of a contract between them.
UNCONSCIONABILITY
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.
EXPRESS WARRANTY
A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most expres... (more...)
A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most express warranties come directly from the manufacturer or are included in the sales contract. If you want to hold the seller to an oral guarantee, it's best to get it in writing or have witnesses to the guarantee so that it doesn't come down to your word against the seller's if a problem arises.
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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