Professor Richard M. Alderman, Associate Dean at the University of
Houston Law Center, who is known to many as "The People's Lawyer", answers your most common questions. If you have a question pertaining to the law in Texas, please e-mail Richard at peopleslawyer@www.law.uh.edu. This page answers your questions on Contractual Agreements
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A. No! You have a contract for the sale of the car, and there is no need for something in writing.
Under the law, most contracts do not have to be in writing. In your case, because the contract was for the sale of something costing less than $500 you do not need it in writing. Even if it was for more, however, you still could sue because you delivered the car.
Q. My family and I have lived in the same rent house for five years. We do not have a lease. There are many problems with the house and the landlord will not fix them. He says if he has to fix the place up he will substantially raise the rent. We cannot afford to move.
A. Without a lease you are in a very difficult position. Under the law, your landlord is obligated to repair conditions that are dangerous to your health, safety or welfare. He has no obligation, however, to repair other less serious problems.
Once the problems are repaired, however, the landlord has the right to raise the rent. In other words, you may get what you want in the short term, but end up having to move.
I suggest you speak with your landlord and try to work out an arrangement you are both happy with. You also may want to enter into a written lease. This will spell out your rights and prevent the landlord from evicting you or raising the rent.
For a free booklet on landlord-tenant law call 1-800-204-2222, ext. 4567.
Q.I co-signed for my friend when she bought a car. She had an accident, and the insurance money was not enough to pay off the note. The company says I have to pay. I knew I would have to pay if she missed a payment. I don't think I should have to pay if she wrecks the car.
A. As I have said many times before, don't co-sign unless you are willing to pay.
When you co-sign a note, you have the same liability as the person you co-signed for. If they would have to pay, you have to pay. The note obligates your friend to pay in this case, so if she doesn't, you must.
If you do pay, however, you have a legal right to recover the amount you paid from your friend.
Q. Does my landlord have to pay interest on my security deposit?
A. No. In many states the law requires that a security deposit be returned with interest. Unfortunately Texas is not one of them.
Q. We hired a photographer to take pictures at an event. We gave him a very large deposit. Before the event was to occur, the photographer died. His office called and said they were going to hire a replacement. We did not want just any photographer and refused their offer. They now refuse to return our deposit saying that it was "non-refundable." What are our rights?
A. The first thing you should do is read your agreement with the photographer. If the contract has a provision dealing with this situation, that provision probably will control your rights.
If the contract doesn't say anything about the death of the photographer, you may have the right to have the deposit returned. In most contracts, the person who delivers the goods or performs the service is not important, and you would have to allow "substitute" performance. In personal service contracts of this kind, however, the person providing the service does not have the right to simply provide another person. As far as I am concerned, you do not have to accept a substitute photographer and you are entitled to the return of your deposit.
Q. My finance and I signed a lease to rent an apartment. Before we moved in, we broke up. I agreed to move in alone, and my landlord agreed to take my ex-finance's name off the lease. Now my ex-fiancee refuses to let his name be removed. What can I do? Does he have the right to enter the apartment?
A. You ask an interesting and rather unusual question. The more common question is whether your ex-fiancee would have the right to force his name to be removed from the lease. The answer is only if all the other parties agree.
If your ex wants to remain a party to this contract, he probably has the right to do so. This means that he has rights to the property as well as an obligation to pay rent. Perhaps letting him know that he may be responsible for half the rent will get him to agree to take his name off the lease.
Another alternative is to enter into a new lease with the landlord with only your name. You and your ex would now be responsible for rent on the first apartment, and you alone would be responsible for rent on the second. You would also be the only one with any rights to the second apartment. My guess is that proposing this alternative, which would require your ex-finance to pay rent on an empty apartment, will make him see the logic of just agreeing to allow his name to be taken off the initial lease.
Q. We rent a house. The lease requires that either party give 30 days notice to terminate the lease. After we paid our last rent payment on the 10th of the month, the landlord told us we had to move at the end of the month. We can't move this soon. Help.
A. As you seem to understand, both sides to a lease must abide by its terms. The landlord has the right to make you move, but he must give the notice required in the lease.
I suggest you speak with your landlord and try and work out a settlement of this matter. Under the law, the landlord cannot simply throw you out. To evict you he must bring a court proceeding and this usually takes a few weeks. You would also have the opportunity to explain to the judge that you were not given proper notice.
The bottom line is that there does not appear to be any way the landlord can compel you to move by the end of the month. If you are willing to continue to pay rent, and all you need are a few extra days, my guess is that the landlord will let you stay until you find another place.
Q. I had a verbal agreement to construct a building. After I started work the owner hired someone else. Can I sue without a written agreement?
A. Generally, a contract to construct a building is enforceable only if it is in writing and signed.
On the other hand, if you incurred expenses in reliance on the other person’s promise, you can probably collect what you have spent.
I suggest you contact the owner and explain that you expect to be paid for the work that you have done. If not, a private attorney or small claims court should be the next step.