The post A Quick Guide to Landlord Tenant Laws in Texas appeared first on The Carpenter & Associates.
]]>If you’re a renter, you should spend some time learning all you need to know about the Texas Property Code. The current Dallas area housing shortage has left many families with a sharp increase in rent, making home ownership seem like an impossibility.
Our office receives many calls from distressed tenants with slumlords who delay repairs for months on end or who fall victim to wrongful eviction actions. Every now and then, we get a call from someone who did not act soon enough. This limits our ability to fight your case, as the Texas Property Code has many requirements – and judges expect tenants to know them.
Under Texas Law, landlords are not required to give you an advance notice before they enter your unit. In fact, they’re not required to give you any notice. However, it depends on what your lease states. Most apartment complexes use the standard TAA Leasing Agreement. Paragraph 28 of a TAA lease states when your landlord is allowed to enter your unit:
If you entered a TAA lease with your landlord, they only have to give you notice after they enter your unit. Additionally, they must enter at a reasonable time. Typically, courts consider business hours as reasonable. If your landlord decides to enter your unit at 10pm to make a repair, a court would likely find they entered at an unreasonable time.
Since there is no statute requiring your landlord to provide notice of their entry, the lease is your only governing authority.
No. Under Section 92.056 of the Texas Property Code, you must first give written notice to your landlord. Typically, this means by mail. Make sure you keep all of your receipts!
If your landlord fails to make the repair within a reasonable time, you must send another notice by certified mail, return receipt requested, registered mail, or another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service.
Under this section, seven days is considered a reasonable amount of time for your landlord to make repairs. If they fail to make repairs after your second notice, you may:
Often, tenants send repeated notices to their landlord via their online portal, email, or text message. While a judge may consider these, some judges strictly rely on outdated provisions in the property code. It’s better to be safe than sorry in these cases – you risk facing eviction if you rely on normal methods of communication to notify your landlord.
Most importantly, these remedies are only allowed if the repair is a condition that materially affects the health or safety of an ordinary tenant. This means that you cannot terminate your lease because your dishwasher is broken or because a condition is making your asthma act up.
He’s lying. Even if your lease says you cannot deduct the cost of a repair, you still have the statutory remedy available, and must follow the steps above before you can deduct the cost of repair. Your lease cannot override state law.
You do not have to provide your landlord with a police report. Under Section 92.016 of the Property Code, you can be removed from your lease immediately after you provide your landlord with a copy of a protective order or temporary protective order issued under the family code or documentation of family violence from:
Typically, a shelter will provide you with the needed documentation after you contact them. This is free to victims of family violence.
If your landlord still refuses to let you out of your lease, they can be liable or actual damages, a civil penalty equal to one month’s rent plus $500, and attorney’s fees.
Don’t see your question above? Contact our office today for a free consultation! (972) 455-8700.
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]]>The post Free Simple Wills appeared first on The Carpenter & Associates.
]]>Each holiday season, we offer free Wills, Powers of Attorney, and Medical Directives to all active and retired police, military, and first responders. This year, we’re giving our gifts to our nation’s heroes early! Additionally, we offer steep discounts for the spouses of those who have served or are currently serving.
Contact our office for more details! (972) 455-8700
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]]>The post Should I Sue My Neighbor appeared first on The Carpenter & Associates.
]]>Under Texas law, a nuisance is a ‘condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy it.’ In other words, a nuisance is something that would annoy a reasonable person. Seems easy, right? Not in Texas!
In Crosstex North Texas Pipeline, L.P. v. Gardiner, the Supreme Court of Texas determined that a person’s use of their property that is ‘abnormal and out of place in its surroundings’ will not support a claim alleging a nuisance.
The Court addressed when a defendant can be liable for creating a nuisance. The Court noted that ‘there must be some level of culpability on behalf of the defendant; nuisance cannot be premised on a mere accidental interference. In short, the Court retained the following three general categories of conduct that may support liability for creating a nuisance:
The Court further discussed three remedies that are potentially available to a plaintiff who prevails on a nuisance claim: damages, injunctive relief, and self-help abatement. The availability of damages depends on whether a nuisance is temporary or permanent. If a nuisance is temporary, the landowner may recover only lost use and enjoyment that has already accrued. If a nuisance is permanent, the plaintiff may recover lost market value, including lost rents expected in the future.
A defendant’s culpability ultimately determines liability, as well as the evidence that the interference is a nuisance. The mere fact that the defendant’s use of its land is ‘abnormal and out of place in its surroundings’ will not support a claim alleging a nuisance. In the absence of evidence that the defendant intentionally or negligently caused the nuisance, the abnormal and out-of-place conduct must be ‘abnormally dangerous’ conduct that creates a high degree of risk of serious injury to be actionable.
Neighbor disputes are commonly referred to as ordinary occurrences that people must deal with, and courts are typically reluctant to award any substantial damages in these cases. However, if your neighbor is consistently engaging in dangerous activity that interferes with your use of your property, you may have a valid claim.
Call Carpenter & Associates PC today for a free consultation about your neighbor’s nuisance! (972) 455-8700
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]]>The post Plano Area High Asset Divorce Lawyers appeared first on The Carpenter & Associates.
]]>Most divorces have some amount of disagreement that must be negotiated, mediated, or litigated. When a divorce involves high-value assets, however, it can be extremely complicated. Choosing an attorney who is experienced in handling these challenging divorces can make a significant difference in the outcome of your divorce. At Carpenter & Associates, we know how to successfully resolve high-asset divorces in a manner that benefits our clients’ interests. We are committed to protecting our clients and their financial futures. We closely scrutinize high net worth divorces and work with a network of forensic accounting experts to accurately value all assets involved. Our services are beneficial to anyone facing a high-asset divorce, including:
We offer tremendous experience in high-asset divorce cases that involve complex property and debt division issues, including:
In Texas, marital property is considered community property. Consequently, if you get divorced in Texas, any asset that is acquired during the marriage is fair game to be divided. A case can be made for certain assets to be considered separate property, however. If, for example, an inheritance is received during the marriage, that could be declared separate property. Depending on the circumstances, the classification of an asset as either community property or separate property may be more in your financial interests. Our DFW Divorce Lawyers are experienced in negotiating and litigating these issues and effectively advocating for our clients’ interests.
In most high asset divorce cases, one party seeks the appointment of a receiver. While it may seem scary to have someone take control of your property, a receiver is responsible for protecting the property from being sold or transferred during the pendency of your case. In certain situations, a receiver is necessary; however, there must be a showing of imminent harm to the marital property before they’re appointed. Our staff at Carpenter & Associates is well-versed in receivership law, so whether you want one appointed or want to fight the appointment, you can trust that we have your back.
There is a lot at stake in a high-asset divorce. To know just how much is at stake, your marital assets must be appraised. We work with financial specialists to accurately value our clients’ assets, including:
We also work with financial professionals to accurately assess marital debt, as that is also shared equally in Texas. Additionally, we are experienced in uncovering hidden assets and obtaining temporary restraining orders (TROs) to prevent your spouse from withdrawing assets prior to the settlement or judgment.
Besides property division issues, there are often disputes over spousal support and child support payments in high-net-worth divorces. In Texas, there are caps on both spousal support and child support. Even so, there is a lot of room for a skilled attorney to negotiate on these matters.
When you get divorced and you have assets of significant value, you cannot afford to entrust your case to a lawyer that is not experienced and knowledgeable in this area. To learn more about how we handle high-asset divorces and how we can help you, contact us online or call 972-455-8700 to schedule a consultation.
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]]>The post Skilled DFW Business Dispute Lawyers appeared first on The Carpenter & Associates.
]]>Whether business conflicts involve partners or shareholders, these disputes can quickly escalate uncontrollably. At Carpenter & Associates, we work diligently to protect the rights of our clients in the Dallas/Plano area and throughout Texas while preserving the value of the underlying enterprise. Our attorneys understand that these important business matters often involve heightened personal feelings, which is why we provide the utmost professionalism so that all parties can focus on the key issues.
Rivalries and disagreements among the people who run a business are often complex and bitter. Our firm works to minimize the time and expense devoted to these matters by resolving them through consensus. However, when necessary, we are prepared to litigate in cases related to:
Our attorneys have the skill and discretion to overcome the extraneous matters that complicate intra-business disputes and guide clients toward a favorable outcome.
In nearly every case, businesses work best when clear rules govern partner and shareholder conduct. Our attorneys help new and existing firms create agreements specifically tailored to the needs and priorities of business owners. Through diligent preparation, your operation can set procedures for dealing with contingencies that might arise suddenly. A small investment of time and effort can avert major problems in the future.
If your business is being threatened by a conflict between shareholders or partners, or if you seek guidance on how to avoid these disputes, Carpenter & Associates delivers strong counsel. To schedule a free consultation at our Plano office, call us at (972) 455-8700 or contact us online today.
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]]>The post Child Support Enforcement in Texas appeared first on The Carpenter & Associates.
]]>It is the public policy of the State of Texas that both parents of a child should play an active and involved role in their upbringing. While parents may get divorced or separate permanently, a court will ensure that the parent with whom the children do not live with on a day-to-day basis gets an opportunity to spend as much time as is possible with the children.
The other part of this arrangement is that this parent (known as a non-custodial parent) is also typically obligated to pay child support towards the upbringing of the child when he or she is not in their care. This child support is calculated:
The more children a person must care for, the higher the percentage of their income that is taken for child support purposes. What happens when a person, for lack of income or any other reason, fails to timely and fully pay their child support obligation, and what can the other parent do to make sure that this is brought to a court’s attention?
If a parent who is owed child support begins to take note of the fact that the support payments are not coming regularly or contain only a fraction of the normal amounts of support that they ordinarily would, there is a problem to be dealt with.
As the DFW/Plano attorneys with Carpenter & Associates will tell clients and potential clients, it’s not as simple, however, as letting a police officer know that your former spouse has failed to pay his or her child support as ordered by a Court and to have that officer penalize the other parent in some way.
The parent to whom the money is owed must actively seek remedies from their Court in the form of an Enforcement suit.
A Motion for Enforcement of a prior order is a fairly straightforward document in terms of what it is asking for, but there are intricacies to consider in drafting the document. Essentially, this petition:
Using our topic, missed child support payments, as an example, the requesting parent would need to draft a Petition that includes:
The enforcement petition must also reference or quote (preferably both) that section of the Court’s prior order that the other parent is in violation of.
Failure to do these things properly can be grounds to have the request denied by a court, so attention to detail is critical.
The remedy or relief that a person can request for failed child support payments varies. A court can and should order a party to pay any amounts owed in child support to the other parent.
The court may take into consideration how much the owing spouse earns on a monthly basis and base a payment plan on the person’s monthly income.
It is important to keep in mind that the child support arrearage has an interest rate of six percent attached to it, so a court must determine what monthly amount will allow the parent to pay the money back on top of what interest accumulates on top of that sum.
Other remedies that a court has available to order are:
If the party requesting the support to be paid is requesting jail time, it must be limited to no more than 180 days of time (six months).
If you’re wondering how frequently a judge would order this kind of punishment, the author of this article can say that they’ve seen parents who have owed large amounts of child support ordered to go straight to jail or to register for deferred adjudication immediately after a hearing on the subject.
If the payment plan set forth by the Court is not followed by a person on probation, then jail time is sure to follow.
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]]>The post What is Child Support? appeared first on The Carpenter & Associates.
]]>The post What is a Receivership? appeared first on The Carpenter & Associates.
]]>A receivership is an equitable and legal remedy that may be used to acquire possession of property by a court-appointed party known as a receiver. A receiver’s powers are derived directly from the appointing court. The receiver is a disinterested party who represents and protects the interests of all other persons in the receivership property.
A court-appointed receiver is an extremely harsh remedy that allows the court to take possession and control of private property and place it in the hands of a court-appointed officer, the receiver. A court should only appoint a receiver if there are no other, less harsh remedies available. However, we have noticed that some judges like to throw receiverships around like they’re confetti.
If you’ve had a receiver appointed over your property, you need to act quickly, as the time to file an appeal is shorter than usual. Our Dallas/Fort Worth/Plano Attorneys bring a rare skill set to the table when it comes to receiverships. We have handled some of the most complex receivership cases in the state, so we are well-versed in the law. Contact us today, as the clock starts ticking the moment the judge signs the order.
A receivership in Texas may be established under rules of equity (“fairness”) or pursuant to a specific statute. Under equity, a receivership must be “ancillary” to an otherwise apparently valid claim or remedy and is intended to protect or preserve property during the pendency of a lawsuit. When the receivership arises out of a statute, it doesn’t matter if ancillary claims exist. The basis for appointing a receiver is different depending on which statute a receiver is requested under.
In Texas, there are various statutes that allow a receiver to be appointed:
Under these statutes, a “receiver should be appointed only in those situations where the property involved is in present danger of being lost, removed, or materially injured and should never be ordered if another remedy, less harsh, is available which will afford the needed protection.” Parness v. Parness, 560 S.W.2d 181, 182 (Tex. Civ. App.—Dallas 1977, no writ). A party requesting a receivership must show evidence that the appointment was necessary for the preservation and protection of the property. Readhimer v. Readhimer, 728 S.W.2d 872, 873 (Tex. App.—Houston [1st Dist.] 1987).
Texas Family Code Sec. 6.502: While a divorce case is pending, the court may appoint a receiver for the preservation and protection of the property of the parties. Under the Texas Family Code, a party must show evidence that the receivership is for the protection and preservation of the marital estate. Norem v. Norem, 105 S.W.3d 213, 216 (Tex. App.-Dallas 2003, no pet.); Heller v. Heller, No. 05-91-01598-CV (Tex. App. Dec. 29, 1992).
A receiver is improperly appointed over a marital estate if a party testifies that he’s struggling to keep up with the mortgage without providing evidence that the payments are delinquent or that foreclosure is imminent, or seeks the appointment due to dissatisfaction with the sale of the home.
A receiver must, at all times, be subject to the trial court’s authority and orders. The trial court cannot confer the exercise of non-delegable judicial discretion and power to the receiver. This means that, although the receiver is an officer of the trial court, all decisions surrounding the property must be approved by the judge.
At Carpenter & Associates PC, we’ve noticed that receivers are often granted too much power. Receiverships are rare depending on the type of case, so judges may not be as familiar with the law as you’d hope. You need to contact one of our DFW Receivership Defense Attorneys if your order:
Our Plano, Texas Lawyers are here to help you set aside or appeal your receivership. Contact us today to get started. (972) 455-8700.
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]]>The post Texas Adoption Guide – Dallas, Texas Family Lawyers appeared first on The Carpenter & Associates.
]]>Adopting a child is a long process, but any family lawyer will tell you that it’s definitely worth the hassle. Our Dallas, Texas Adoption Lawyers are here to make the process as easy as possible for you and your family. At Carpenter & Associates PC, we handle adoptions such as:
Although your parental responsibilities to the child come to an end when the child attains his majority (which is 18 in most cases), the inherent commitment adoption brings spans a lifetime. Similar to adoption processes anywhere within the country, there are inherent costs incurred in undertaking this process in Texas. Adoption costs are generally influenced by different circumstances such as the type of adoption you intend to pursue, the kind of adoption attorney that will be representing you (taking into consideration their qualifications and experience), as well as the duration of the process.
When you are seeking to adopt a child in Texas, there are several potential options to explore. Our Texas adoption attorneys can help you decide what is the best course of action for your family.
Normally referred to as Domestic Adoption, a local adoption is a situation where the children put up for adoption are based within the country’s territory. This adoption option occurs when a child’s biological mother or biological parents put their child up for adoption of their own volition. Domestic adoption is generally based on several reasons, ranging from a parent being financially incapable of providing for the child to the child’s birth parents being mentally unfit to raise a child, among other reasons. When looking to adopt a child within the state of Texas, your overall costs can be expected to range from $30,000 to $45,000. Intending adoptive parents would necessarily be required to be ready for the following fees:
However, potential adoptive parents must be aware that the provisions of Texan law are available to mitigate the costs of adoption in the state. Foster parents have the option of exploring loans, credits, employer benefits, and so on, where they need assistance in financing their adoption process.
Grandparent Adoptions
If you are a grandparent wanting to adopt your grandchild, our DFW Grandparent Adoption Lawyers can help. There can be several reasons for adopting a grandchild, including:
A grandparent will often have difficulty providing health coverage, enrolling children in school, and other activities without the parents’ consent or legal guardianship. Adopting your grandchild is another way to ensure you can provide the best care for them. In order to adopt a grandchild, the relationship between the child and their biological parents must first be terminated. A termination suit can happen simultaneously with the adoption suit.
Foreign adoption means that the child to be adopted is a resident in another country. This option is quite distinct from the conventional adoption process, which begins and concludes within the United States. This is because it consists of a unique set of requirements as well as expenses which the adoptive family should be prepared to pay.
Contracting a registered adoption agency is advisable to ensure proper guidance through the international adoption process. The adoption agency is responsible for ensuring strict conformity to the substantive laws applicable to international adoption. These laws being: the United States laws which guide adoptions, the statutes which govern adoptions in the country where the child resides, as well as the adoption laws of Texas.
Some unique fees for international adoption include the travel expenses the prospective parents would be required to make to visit the country they intend adopting from, the costs involved in traveling within the foreign country, and the expenses involved in securing a visa, passport, and other necessities for the child.
The following are the standard fees potential adoptive parents who intend to adopt internationally should expect. These amounts may, however, vary depending on what country the child to be adopted resides.
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]]>The post Breach of Contract – DFW appeared first on The Carpenter & Associates.
]]>When you sign a contract or enter a verbal agreement with a promise to perform, you are entering a legally binding agreement with another party. This means that both parties are obligated to uphold their end of the bargain.
A breach of contract is when a party to a contract fails to perform their obligations under the contract. This can happen in a number of ways, such as one party not holding up their end of the bargain, or not completing the work they were contracted to do. If a breach of contract occurs, the non-breaching party may be entitled to damages, or may be able to cancel the contract.”
To prevail on a breach of contract claim in Texas, you must prove each of the following elements:
The agreement must meet the following requirements:
The other party failed to fulfill their obligations and duties under the contract; and
You suffered damages or harm as a result of the other party’s breach.
The following must be present to determine if the failure to perform is material:
Anticipatory Breach: While an actual breach generally examines a refusal to perform that has already occurred, an anticipatory breach refers to an instance when the non-breaching party realizes that the other party of the contract will fail to perform their part of the contract in the future. In this case, the non-breaching party can terminate the contract and sue for damages before the breach actually happens. Oftentimes anticipatory breach may occur when one party announces in advance of the due date for performance that they intend not to fulfill their side of the bargain.
At Carpenter & Associates, our Plano/DFW Breach of Contract Lawyers handle many cases that involve breaches of contracts. The most common scenarios include:
Contractual terms often define the damages that may be recovered in a breach of contract action. The price, quantity, and performance terms are all important in determining damages. In most cases, a judge or jury may assess and award damages. The goal is always to put the parties in the same position as if the contract had been fully performed. Calculating lost profits, identifying consequential damages, and recovering costs and attorney’s fees are all tasks that require an experienced business litigation attorney. Whether specific performance—forcing a party to comply with a contract—is available requires legal analysis. Sometimes, a party is best served by demanding rescission of the contract so that all payments made are returned. Depending on the contract and the severity of the breach, a judge or jury can award consequential damages to compensate plaintiffs for their business losses.
Your best strategy for reaching a successful resolution varies greatly based on your unique circumstances. We negotiate effectively to advance our clients’ interests. Where aggressive litigation is needed to protect your contract rights, Carpenter & Associates has a proven record of getting serious results in court. You can count on us to work with you to identify the approach that makes the most sense for you. If you believe you or your company may have a claim for breach of contract in Texas or your business has been accused of breaching an agreement, contact our legal team as soon as possible. Finding knowledgeable legal representation that has extensive experience in business litigation will put you in the best position for a favorable outcome. We offer representation throughout the DFW Metroplex for breach of contract claims. Call our Collin County Contract Lawyers today for a FREE consultation at (972) 455-8700.
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