Texas Deceptive Trade Practices Act

Q. What are my rights if I have a common law marriage? If we get divorced, will I have the right to any property?

A. As I have said many times before, a common law marriage is no different than any other marriage. You are married. Whether you are married by a justice of the peace, a rabbi or priest, or have a common law marriage, the legal ramifications are the same.

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Q. I would like to know if the property manager of an apartment project can refuse to give the tenant the owner’s name if the tenant requests it.

A. According to the Texas Property Code, the landlord or property manager must disclose the name and address of the holder of record title after you request it. If the information is not disclosed, you could be entitled to $100 plus one month’s rent in damages, as well as attorney’s fees and court costs. I suggest you send your request by certified mail.

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Q. We had our foundation repaired by a company that gave us a “lifetime warranty.” Now that it has cracked again they won’t even return our calls. We are not even sure if they are still in business. What are our legal rights? What kind of an attorney do we need?

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Q. I let a friend borrow the extra key to my apartment and he lost it. Can I require my landlord to change my locks?

A. Under the law, a landlord has an obligation to change the locks at his expense when a new tenant moves in. After that time, the landlord must change the locks whenever the tenant requests, as often as the tenant wants. The tenant, however, must pay the costs of installing the new locks. In other words, you can require your landlord to change your locks; however, you must pay the costs.

 

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