Randolph Landlord-Tenant Lawyer, Texas
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Jennifer A. Mitchell
Landlord-Tenant, Banking & Finance, Credit & Debt, Bankruptcy
Status: In Good Standing *Status is reviewed annually. For latest information visit here
12801 North Central Expy., Dallas, TX 75243
Profile LAWPOINTS™36/100
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John M. Inabnett
Landlord-Tenant, Divestitures, Real Estate
Status: In Good Standing *Status is reviewed annually. For latest information visit here
One Bent Tree Tower, 16475 Dallas Parkway, Addison, TX 75001
Profile LAWPOINTS™35/100
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LEGAL TERMS
REFUGEE
In the context of U.S. immigration law, people who have been allowed to live in the United States indefinitely to protect them from persecution in their home co... (more...)
In the context of U.S. immigration law, people who have been allowed to live in the United States indefinitely to protect them from persecution in their home countries. Refugees get their status before coming to the U.S., while asylum seekers obtain their status after arrival. Refugees may eventually get green cards.
SUBSTITUTED SERVICE
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the h... (more...)
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the hands of the person to be served. Substituted service, on the other hand, may be accomplished by leaving the documents with a designated agent, with another adult in the recipient's home, with the recipient's manager at work or by posting a notice in a prominent place and then using certified mail to send copies of the documents to the recipient.
ASSIGNEE
A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the leas... (more...)
A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the lease expires. The assignee takes control of the property and assumes all the legal rights and responsibilities of the tenant, including payment of rent. However, the original tenant remains legally responsible if the assignee fails to pay the rent.
EVIDENCE
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony... (more...)
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos and laboratory reports. Rules that are as strict as they are quirky and technical govern what types of evidence can be properly admitted as part of a trial. For example, the hearsay rule purports to prevent secondhand testimony of the 'he said, she said' variety, but the existence of dozens of exceptions often means that hairsplitting lawyers can find a way to introduce such testimony into evidence. See also admissible evidence, inadmissible evidence.
JUS COGENS
Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and par... (more...)
Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and participating in a slave trade are thought to be jus cogens.
TORTIOUS INTERFERENCE
The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to ... (more...)
The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to deliver goods on time.
NUISANCE
Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, every... (more...)
Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a 'public nuisance,' one affecting many people, while the other would be a 'private nuisance,' limited to making your life difficult, unless the dog was bothering others. Lawsuits may be brought to abate (remove or reduce) a nuisance. See quiet enjoyment, attractive nuisance.
ACT OF GOD
An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake or even the sudden death of a person. An act of God may be a defense aga... (more...)
An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake or even the sudden death of a person. An act of God may be a defense against liability for injuries or damages. Under the law of contracts, an act of God often serves as a valid excuse if one of the parties to the contract is unable to fulfill his or her duties -- for instance, completing a construction project on time.
CLEANING FEE
A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave ... (more...)
A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave the place spotless. Cleaning fees are illegal in some states and specifically allowed in others, but most state laws are silent on the issue. Landlords in every state are allowed to use the security deposit to clean a unit that is truly dirty.
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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