August, 2017 | Silberman Law Firm, PLLC

Terminating a Lease for a Rental Property Damaged by Harvey

Our law firm has received a multitude of Hurricane Harvey related legal questions involving topics such as property damage and residential tenancies. To disseminate information efficiently, we have chosen to address the most common questions through blog and social media posting. This post will discuss the rights of tenants and landlords when a residential property …

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Security Deposit Refund and Accounting in Residential Tenancies

In Texas, landlords are under a strict set of guidelines that must be obeyed regarding security deposit refund and accounting. If a landlord fails to follow the law, severe penalties may be assessed against the landlord.Texas law makes it clear that a landlord has a duty to return the security deposit in full OR provide …

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The Effect of Due on Sale Clauses on Wrap, Assumption and Subject To Transactions

Wrap around, assumption, and subject to transactions are all methods of transferring property where an underlying lien (usually a first mortgage) is not extinguished contemporaneous with the closing. These types of transactions have been common in Texas for some time but have gained even more popularity in recent years due to increased regulation of alternatives …

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The Effect of Merger and No Reliance Clauses on Fraud Claims in Texas

Written contracts are intended to memorialize the understanding between parties, and it is important to accurately document each parties’ promises and intentions in a contract. However, sometimes the recitations and representations in a contract may not accurately represent what actually occurred in the negotiation and formation process. For example, common sense would tell us that …

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Will Prove Up Hearing: What to Expect as an Executor

While attending court to get appointed as an executor may seem intimidating, understanding the courtroom layout, rules and procedures can help ease some anxiety. Some Texas counties allow the will to be admitted through attorney testimony; however, many counties require the executor to come to court to testify. Your probate attorney will be your guide …

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Understanding the Differences Between a Right of First Refusal and a Right of First Opportunity

Rights of first refusal and rights of first opportunity are commonly referred to as preferential rights and routinely appear as part of real estate contracts. The differences and effects concerning these rights are not always clear.Right of First RefusalBlack’s Law Dictionary defines right of first refusal as “a potential buyer’s contractual right to meet the …

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