
Areas of Practice
Residential Tenants
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:
Association Harassment – Is the HOA or COA (Homeowners Association or Condo Association) that governs your residence making unreasonable demands of you as a tenant? A lawyer on your side can make a huge difference in how you are treated by the association. A simple cease and desist letter from a reputable landlord/tenant attorney may very well get the association permanently off your back.
Claims of non-compliance by Landlord – If your landlord claims non-compliance by you, the tenant, according to the terms of a lease agreement, they may have a claim for eviction against you. If you receive a notice of non-compliance, you should immediately seek the advice of a landlord/tenant attorney.
Security Deposit Disputes – Did your landlord withhold too much of your deposit? Were you charged for nominal wear and tear, for which the landlord should have been responsible? Were you sent the proper notification regarding the withholding of your deposit? Was it sent to you within 30 days of your move-out date? We may be able to assist you in the recovery of your deposit if the charges were improper or if the notice was not sent, or not sent out within the time prescribed under Texas law.
Evictions – If you are served with an eviction you should seek legal advice right away. We can defend your eviction, and if you prevail in court, your landlord will have to pay for all of your attorney’s fees and costs. The prevailing party in an eviction action is awarded attorney’s fees and costs in most cases, as a statutory right.
Illegal Detainers – This is a legal action to remove a non-tenant co-inhabitant who is not paying rent, nor ever agreed to pay rent. Do you have a friend who won’t leave your home? We can get that pesky roommate out of your home for good.
Improper shut-off of utilities – Texas law provides for triple damages for improper shutting off of any utility. This means that if the landlord knowingly or unknowingly is responsible for the shutting off a power, water, or gas utility, you will be entitled to three times the monthly rent by your landlord. Don’t let your landlord bully you but seek the advice of a landlord/tenant attorney.
Landlord Harassment – Does your landlord harass you about paying the rent, outside of normal official notifications? You should only receive notices through the mail or posted on the property. Your landlord should not be texting or calling you for payment.
Lease Agreements (Drafting) – We draft lease agreements for tenants to supply to landlords who have never used one, for the protection and security of the tenants.
Lease Agreement (Review & Analysis) – Having a Real Estate and Contracts Lawyer review your lease agreement prior to execution is a smart idea. We can help you avoid issues before they arise by advising you of your renter’s rights ahead of time before you sign the lease agreement.
Maintenance Disputes – If your landlord is not making adequate efforts to maintain the property you are renting, we can assist you by sending the proper notification to the landlord, which will allow you to terminate your tenancy without any penalty. Using this approach will ensure that you maintain a claim to your deposit and avoid any penalties for breaking the lease. This is the most common demand letter we prepare and most frequently results in an immediate resolution of the dispute.
Roommate disputes – Disputes between roommates or co-inhabitants under a joint lease agreement are quite difficult to handle. The landlord will usually refuse to get involved and all tenants are equally liable under the lease.
Unreasonable landlord – Does your landlord provide you with adequate notice for inspections and/or a walk through? Is your landlord preventing you from quiet enjoyment of the property? Some landlords don’t understand the social boundaries of being a landlord. We may be able to solve that problem with a simple demand letter. A landlord who doesn’t abide by the lease agreement or displays unprofessional behavior is not only bad for their own business but a serious liability to their bottom line. We have seen inexperienced landlords pay dearly for past unprofessional behavior.
Non-refunded deposits and maintenance disputes are the most common cases that we litigate. Do you fear retaliation for calling code enforcement against your landlord? We have other ways of getting your landlord to uphold their end of the bargain.
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:
Post a three-day Notice to Vacate
File the eviction suit in the appropriate Justice of the Peace Court
Attend a hearing for the eviction
Receive a Writ of Possession/Judgment
Constable posts a 24-Hour Notice for tenant(s) to vacate the premises
Constable removes occupant(s) and their belongings
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.
BUSINESS STARTUPS
Seems like everyone has advice for business startups but not the background to really help. Let Williams Law & Mediation help launch your new business startup. Our list of services in this area is extensive.
Startup Entity Choice- This is so confusing for our clients but simple for us. We will recommend immediately our choice whether an LLC, corporation, partnership, and other selections.
Partnership Agreements – This is often overlooked as the contract with your partner is critical to success and avoidance of disputes. You can never say you’ve seen it all, but we come pretty darn close!
Branding – Registering your name with the Texas Secretary of State does not protect your name in commerce, only a trademark can do that. Never use a trade name without getting a registered trademark or at least make sure that you are not infringing on someone else’s name or logo. We have seen new startups put out of business by making this mistake.
Contracts – Do not – repeat NOT pull down a contract off the web because you have no idea where it has been. Contracts need to be customized and comply with state law. Cut corners here at your own peril!
Employees – You must understand whether your worker is an independent contractor or employee. The law can be confusing and if you make a mistake, you will likely hear from that agency with three letters – TWC – Texas Workforce Commission. They are not nice. Oh, same deal with the IRS.
Leases – Make sure a lawyer reviews your lease before you sign. You can destroy your profit margin before you finish signing your name. Let us help!
We are all about supporting new businesses. It’s one of the most enjoyable things we do at Williams Law & Mediation.