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Mansfield Landlord-Tenant Lawyer, Texas

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Scott Cain Lawyer

Scott Cain

Litigation, Real Estate, Corporate, Merger & Acquisition, Landlord-Tenant

Scott Cain is a general practice lawyer with an emphasis on corporate matters and complex business litigation. Scott was born and raised in Cleburne, ... (more)

CONTACT

817-645-1717

508 N Ridgeway Dr, Cleburne, TX 76033
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Zachary Copp

Landlord-Tenant, Merger & Acquisition, Corporate, Contract
Status:  In Good Standing           

FREE CONSULTATION 

CONTACT
208 N. Market St., Dallas, TX 75202
Profile LAWPOINTS™40/100
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800-923-0641

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LEGAL TERMS

MECHANIC'S LIEN

A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Ty... (more...)
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.

SUBLEASE

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.

SEVERANCE PAY

Funds, usually amounting to one or two months' salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severanc... (more...)
Funds, usually amounting to one or two months' salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severance pay, although the employer may be legally obligated to do so if it was promised in a contract or employees' handbook.

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

FRIENDLY SUIT

A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two compani... (more...)
A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two companies might bring a friendly suit to court in order to clarify a legal interpretation of a contract between them.

CAUSE OF ACTION

A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation. Each cause of action is... (more...)
A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation. Each cause of action is divided into discrete elements, all of which must be proved to present a winning case.

DIRECT EXAMINATION

At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain you... (more...)
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain your version of events to the judge or jury and to undercut your adversary's version. Good direct examination seeks to prove all facts necessary to satisfy the plaintiff's legal claims or causes of action -- for example, that the defendant breached a valid contract and, as a result, the plaintiff suffered a loss.

BASIS

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.

EXCULPATORY CLAUSE

A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by t... (more...)
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by the landlord's actions. Most states have laws that void exculpatory clauses in rental agreements, which means that a court will not enforce them.

SAMPLE LEGAL CASES

Coastal Oil & Gas Corp. v. Garza Energy Trust

... [23] Professors Prosser and Keeton explain: Thus a landlord cannot sue for a mere trespass to land in the occupation of his tenant. ... [24]. Salinas's reversion interest in the minerals leased to Coastal is similar to a landlord's reversion interest in the surface estate. ...

US Bank Nat. Ass'n v. Freeney

... To prevail and obtain possession in its forcible detainer action, the law requires appellant to show: (1) the substitute trustee conveyed the property by deed to appellant after the foreclosure sale; (2) the deed of trust signed by appellee established a landlord-tenant relationship ...

5 Star Intern. Holdings v. Thomson, Inc.

... Landlord shall furnish Tenant a written statement estimating: (i) Common Area expenses; (ii) the total taxes dues for said calendar year; and (iii) total insurance premiums due for the year (herein collectively the `Estimate'). Beginning ...

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