Denton Landlord and Tenant Lawyer

Denton Landlord and Tenant Attorney

Decades of Experience in Landlord Tenant Law

Attorney R. Scott Alagood has more than 20 years of experience in representing landlords in residential and commercial real property disputes in the North Texas area and surrounding communities. This tenure gives him a unique edge in understanding the nuances of Denton landlord/tenant law.

When a dispute arises between a landlord and tenant, Scott can help you resolve the dispute in a timely manner. The relationship between landlord and tenant should be clearly stated in a written lease and include both the landlord’s and the tenant’s rights and responsibilities. When the terms of the lease are not followed by either party, a dispute may arise. If you are a landlord in need of assistance to enforce landlord/tenant law, contact our firm today.

Comprehensive Lease Assistance

When entering into a lease agreement, Scott will help you, as a landlord, understand your rights and responsibilities. Litigation can be equally damaging to the financial security of either party.

Scott can assist landlords in all aspects of commercial and residential leases, including but not limited to:

• Preparation and interpretation of commercial and residential contracts
• Breach of the lease or rental agreements
• Lease negotiations
• Maintenance and property use disputes
• Forcible entry and detainer actions
• Wrongful evictions
• Wrongful retention of security deposits
• Damage claims

What Are the Most Common Legal Issues That Landlords Face in Denton, Texas?

Landlords in Denton will likely encounter many different disputes during their relationship with various tenants. There will likely be many rental agreements that need to be resolved under either landlord-tenant or estate law.

Some of the most common include:

Non-Payment of Rent

A significant challenge that landlords face occurs when tenants fail to pay rent on time. Fortunately, Texas law provides landlords with the right to issue a three-day notice when this happens. If the tenant is unable to pay the overdue rent within this period, the landlord has the legal authority to initiate the eviction process. These legal procedures are scrutinized under Texas law, but an attorney can ensure that the landlord’s actions are valid and defensible during this process.

Lease Violation

When a tenant engages in activity that is prohibited by their rental contract, a landlord has the authority to pursue a lease violation case. This could include secretly keeping an unauthorized pet on the property, engaging in illegal activity on the premises, or continuing to cause noise after multiple warnings. When this happens, a landlord needs to document each incident of the violation and give the tenant an opportunity to rectify the situation before taking more action.

Property Damage

A tenant does not legally own the property, so any evidence that they have caused damage beyond the normal wear and tear could result in legal action if necessary. Under Texas law, a tenant is able to deduct the cost of repairs from the tenant’s security deposit when they spot excessive damage. If the security deposit isn’t enough, the landlord can request the extra funds directly from the tenant or advance the case to court if they refuse.

Security Deposits

It’s common for landlords to deal with complications surrounding the collection, holding, or return of a security deposit. Texas requires that all landlords return a security deposit to their tenants within 30 days unless there are damages to deduct. If the tenant tries to dispute any deductions, it could lead to legal challenges. To avoid a dispute, keep clean records of the unit before a tenant moves in and provide a clear, itemized explanation for any deductions.

If a future tenant refuses to pay a security deposit during the application process, the landlord has the right to deny their application and not offer them the housing. While a tenant may try to dispute this in court, working with an attorney can help you get the case dropped.

Maintenance and Repairs

One major responsibility of landlords is to ensure that the rental property is consistently maintained and that repairs are addressed promptly. Texas law mandates that all landlords must make necessary repairs to preserve the health and safety of their tenants.

If a tenant is accusing you of not meeting this expectation, an attorney can help you challenge the allegation. Be sure to keep clear records of the repair requests and the times when someone responded as evidence of your compliance.

Discrimination Claims

It is required for all landlords in Texas to avoid any discriminatory practices that might deny someone housing based on protected characteristics like race, national origin, religion, or disability. This can lead to significant legal consequences and civil penalties if such allegations are found to be true. Landlords should keep documentation of all applicants and their rationales behind approving and declining residents to prove that no violations of the Fair Housing Act occurred.

Trust a Knowledgeable Attorney

Scott is experienced in seeking innovative, cost-effective paths to dispute resolution. Inside and outside of the courtroom, Scott is experienced in preparing, reviewing and negotiating the terms of a lease agreement for residential or commercial tenants and landlords.

Contact us online or call 940-891-0003 to schedule a consultation if you require an attorney who believes that every detail matters.

Full Refund Of Security Deposit: Fact or Fiction?