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Real Estate Law - Landlord/Tenant: Although Texas law favors tenants in disputes with landlords, the tenant must abide by the terms and conditions of the written lease. The landlord must give at least three days written notice prior to filing an eviction. However, if the landlord hires an attorney and wants to recover the cost of an attorney, the notice period must be ten days. The Justice of the Peace Court of Texas has exclusive original jurisdiction and must hear the case within seven days of the tenant being served and subject only to a request of the court from either party for a delay. A Justice Court finding for the landlord can grant no more than five days for the tenant to vacate the property. The landlord may then seek and obtain a writ of possession, which is a court order to the Constable, to physically remove the tenant, if necessary. The measures which allow a landlord to regain possession of property are very specific and in some cases, severe. Not all landlord/tenant disputes end up in court or in successful evictions. Each landlord/tenant dispute must be examined as to the lease agreement and facts pertaining to the tenancy. Real Estate Law - Property Transactions: Buying or Selling a home or business property involves numerous rights and obligations on all the parties involved. Title Companies provide title insurance guaranteeing indefeasible title to the property being purchased. Fees charged are set by The Insurance Commission of Texas, as well as the policy form of insurance. The price of insurance is regulated and is the same among all title companies in Texas. In addition to insuring title, they provide assistance in closing the transaction. Preparing closing statements, gathering the necessary documents, having the papers signed and dispersing all monies according to the instructions of any lenders involved. Securing surveys, tax certificates, release of liens, Condo Certificates, Homeowner Association Certificates, recording of the conveyancing documents are part of the responsibilities of a title agent. Having the assistance of a Real Estate Agent makes the closing process smoother, however, a knowledgeable Real Estate Attorney protects your interests and sees that you are not taken advantage of in the transaction. Many times Buyers and Sellers are told that "Lawyers just make it more complicated" in an effort to make the closing happen without that Buyer or Seller having knowledgeable representation protecting them. The purchase of property is a large expenditure and requires considerable thought, preparation and close scrutiny to make sure that the transaction is as it is supposed to be. Previous property tranmsactions without any problems should be considered fortunate, however, only one problem in a sale or purchase can cause catastrophic problems. |
