Ernie Garcia, Landlord Attorney
Ernie Garcia, Landlord Attorney
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Can Tenant leave early if neighbor smokes weed?
-For our Do-it-yourself course on Texas Tenant Eviction, go to www.attorneyEG.com/ev
Landlords and tenants sometimes part wasy earlier than expected, particularly when something is going wrong and neither side can present a solution. However, not ever reason presented by a tenant for leaving early is a valid one. Today, Ernie answers questions about the rights of tenants and landlords when tenants want out early.
- Book your appointment with us: lawofficeoferniegarcia.as.me
- Need a new Texas Residential Lease? We can help: the-law-office-of-ernie-garcia.ck.page/products/texas-lease
The Law Office of Ernie Garcia stands out for its unparalleled expertise in landlord-tenant law, providing essential support to Texas landlords, apartment communities, and real estate investment firms. Whether it’s delivering legal notices, filing lawsuits, or defending landlords against tenant lawsuits and HOA or tax foreclosures, Ernie’s firm has done it all. Ernie Garcia, a distinguished landlord attorney with over 14 years of real estate law experience.
Additionally, The Law Office of Ernie Garcia assists clients with drafting Leases, Deeds, and Notices. He routinely delivers Notice to Vacate, Notice of Lease Termination, or Notice of Non-renewal for Landlords seeking to end a Lease relationship with a bad tenant. Ernie Garcia shows clients how the Eviction process can improve Tenant cooperation and reduces the potentially enormous losses that come from continued instances of partial and late payments.
Who you choose to work with really matters. Experience the difference of partnering with an attorney who truly cares. We are proud to deliver top-notch service to help our clients reach their business and personal goals. Whether you're looking to file an eviction, update your lease, or need help with a difficult tenant, The Law Office of Ernie Garcia, PLLC is here to shoulder the burden of tough litigation to put you in the best possible legal position to win, win win!
Contact us today (832) 305 7694, info@attorneyeg.com, www.attorneyeg.com
Facebook group: / groups/TexasLandlords/
Instagram: / landlordattorney
TikTok: / www.tiktok.com/@landlordattorney
LinkedIn: / www.linkedin.com/in/landlordattorney/
The information and materials made available on this video are provided by The Law Office of Ernie Garcia, PLLC for informational purposes only and do not constitute legal advice. The transmission and receipt of the information in this video does not form or constitute an attorney-client relationship. Individuals receiving said information should not act upon it without seeking professional legal counsel. "
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ความคิดเห็น

  • @Leshotgun
    @Leshotgun 14 ชั่วโมงที่ผ่านมา

    Hello, What IF I just filed to get a writ of possession without seeking monetary gain? How does this change things? I am dealing with basically a squatter and they have appealed.

    • @LandlordAttorney
      @LandlordAttorney 14 ชั่วโมงที่ผ่านมา

      That's going to depend on what access you have for securing a writ of possession. Are they required to pay rent during the appeal? If so, you might be able to secure a writ of possession for nonpayment of that rent. If not, you will need to secure a judgment first.

    • @Leshotgun
      @Leshotgun 14 ชั่วโมงที่ผ่านมา

      @@LandlordAttorney Thank you but let me clarify. I won the eviction in the 1st court(seeking no money, only possession of the property). They just appealed. Can the court cover me for loss of rent now that they are potentially staying for longer?

    • @LandlordAttorney
      @LandlordAttorney 3 ชั่วโมงที่ผ่านมา

      Generally spaeking, if it is a squatter, and If you can prove that they would owe you rent, you can make a claim for unpaid rent. If not, you can only make a claim for possession. However, if this case is in Texas, we may have to review the judgment to say for sure. We do document review during a single consultation. Please feel free to reach out lawofficeoferniegarcia.as.me/schedule.php

  • @toyaflax
    @toyaflax 15 ชั่วโมงที่ผ่านมา

    can i file a motion

    • @LandlordAttorney
      @LandlordAttorney 14 ชั่วโมงที่ผ่านมา

      Maybe. Do you have an open case?

    • @toyaflax
      @toyaflax 10 ชั่วโมงที่ผ่านมา

      @LandlordAttorney yes

    • @toyaflax
      @toyaflax 10 ชั่วโมงที่ผ่านมา

      @LandlordAttorney court date jan 28

    • @LandlordAttorney
      @LandlordAttorney 3 ชั่วโมงที่ผ่านมา

      If this case is in Texas, we may have to review your case to say for sure. We do document review during a single consultation. Please feel free to reach out lawofficeoferniegarcia.as.me/schedule.php

    • @toyaflax
      @toyaflax 3 นาทีที่ผ่านมา

      @LandlordAttorney I converted my chapter 13 case to a chapter 7 case. But I tried reaching out to landlord several time to get the balance fix. Because it was incorrect after it was changed to a chapter 7. I also file a motion on same day I had to answer to the writ .

  • @CaroKimConsulting
    @CaroKimConsulting 15 ชั่วโมงที่ผ่านมา

    THIS! I ignored all everything you talked about and now, preparing for eviction court. We cannot even agree on the terms of the lease that they signed with raising war!

    • @LandlordAttorney
      @LandlordAttorney 15 ชั่วโมงที่ผ่านมา

      Better luck next time, my friend.

  • @annasessy5028
    @annasessy5028 18 ชั่วโมงที่ผ่านมา

    If the tenant did not pay for two month, do you have to give a 30 days notice or just use 3-day vacate notice?

    • @LandlordAttorney
      @LandlordAttorney 15 ชั่วโมงที่ผ่านมา

      That depends on the rules of your jurisdiction and/or whether you are subject to the notice rules of the CARES Act due to accepting federal funds for rent or for having a federally backed loan for your rental property.

    • @annasessy5028
      @annasessy5028 14 ชั่วโมงที่ผ่านมา

      @ this is in Dallas county in Tx

    • @LandlordAttorney
      @LandlordAttorney 3 ชั่วโมงที่ผ่านมา

      The CARES Act requires a 30-day notice to vacate if you have a federally back loan on the rental home. Some leases may require 30-day notice, as well. Make sure you know before you file. Otherwise, 3-day notice to vacate is the default standard.

  • @betzandragarcia141
    @betzandragarcia141 19 ชั่วโมงที่ผ่านมา

    How to file the abstract of judgement? I have a tenant LLC with 3 properties in the same county

    • @LandlordAttorney
      @LandlordAttorney 15 ชั่วโมงที่ผ่านมา

      If you have rental property in Texas, check this video out on the topic: th-cam.com/video/PELpudXya04/w-d-xo.htmlsi=pwPwhln8WFL7V8jh

  • @TammT51
    @TammT51 วันที่ผ่านมา

    Crazy questions, where do the tenants get help when the property file a civil settlement but skip the steps of the Court by using their relative that’s in the courts to under table paperwork that created a arrest for the tenant? So nobody talks about the property managers who break the law, how i know that's what im fighting in courts now and so far been proven steps in the law was skipped now whole life is out of place. Georgia systems are in need for investigation nobody talks about because of fear that i seen 1st hand

    • @LandlordAttorney
      @LandlordAttorney 23 ชั่วโมงที่ผ่านมา

      Unfortunately, as all attorneys in our Law firm are only licensed in Texas, we will not be able to guide you through Georgia laws. I'd recommend reaching out to a landlord/tenant attorney in your area and seek their advice. Best of luck to you.

  • @maril1379
    @maril1379 วันที่ผ่านมา

    Can use Zelle to transfer funds

    • @LandlordAttorney
      @LandlordAttorney 23 ชั่วโมงที่ผ่านมา

      The payment should be transferred in accordance with the Lease. If Zelle is an option under the lease terms, then, yes. Otherwise, you may run into complications.

  • @jsavak99
    @jsavak99 วันที่ผ่านมา

    What if i want on the lease ?

    • @LandlordAttorney
      @LandlordAttorney 22 ชั่วโมงที่ผ่านมา

      Do you mean, you want to get on a lease in the middle of the lease term? To do this, you would need all of the original lease parties to agree to this modification in writing.

  • @leonaowen9234
    @leonaowen9234 วันที่ผ่านมา

    Question - Just me and one adult child what is down side if I sold my child my house for balance owed just $25,000 value on tax statement is $114,000 ?

    • @LandlordAttorney
      @LandlordAttorney วันที่ผ่านมา

      It's very hard to say what all of your potential downsides might be. If you have a tax discount due to your age, that could be lost on this kind of transfer. There is a capital gain potential whenever the house is sold in the future. I have no idea if taxes or other amounts are owed in conjunction with the $25,000.

  • @leonaowen9234
    @leonaowen9234 วันที่ผ่านมา

    Isn't the best way for person to put TTOD.

    • @LandlordAttorney
      @LandlordAttorney วันที่ผ่านมา

      I'm not sure what you mean by "TTOD."

  • @moniquenguyen8019
    @moniquenguyen8019 2 วันที่ผ่านมา

    I you evict a tenant for nonpayment, and you lose the case what will happen? Is that meant you can't not evict her then he can live there for free..?

    • @LandlordAttorney
      @LandlordAttorney วันที่ผ่านมา

      It depends on the reason that you lose. It could be because you lack the right to evict because you are the wrong party to claim an eviction. It could be the notice was improper or that you filed an improper document. There are lots of reasons why evictions fail.

  • @Lanainvestor
    @Lanainvestor 2 วันที่ผ่านมา

    We accept section 8 at 464 bar ct, poinciana, apply now

  • @HealthyLife4Me
    @HealthyLife4Me 2 วันที่ผ่านมา

    How did the landlord find no source of smell? We don’t all have the same senses. Marijuana is dangerous to health. Check with the CDC.

    • @LandlordAttorney
      @LandlordAttorney 2 วันที่ผ่านมา

      It wasn't just the landlord. Several other technicians were also there and none could detect an odor or the source of anything that was releasing an odor. Additionally, because the tenant couldn't identify the source either, she had a proof problem with her claim. Yes, I agree that marijuana smoke is dangerous, but it would have to make it over into the neighboring unit. The fact that the neighbor smokes is not enough.

  • @mariagracegarcia9133
    @mariagracegarcia9133 2 วันที่ผ่านมา

    How much can you raise rent and how often

    • @LandlordAttorney
      @LandlordAttorney 2 วันที่ผ่านมา

      There is no limit in Texas. Both the rent amount and the deposit can be increased if you are signing a new lease. While the Lease can explain that the rent will increase to a specific amount once the original term lapses into a month-to-month basis (which means it comes to its agreed end), those terms must be clearly defined and certain.

  • @luisrivera5314
    @luisrivera5314 2 วันที่ผ่านมา

    I need advice. Hello, thanks for all the information you share! I am Luis Rivera. Today, my tenant told me that they found the glass shower door broken last night when they arrived at the house. They say they don’t know how it happened and think it might have been the wind. But with this type of door, there’s no way the wind could break it unless it’s a hurricane coming through the window. Should I charge them for it, replace it with a curtain rod and a plastic curtain from Walmart? That door cost me $700 without installation. I see they don’t want to take responsibility. In a few hours, I’ll go check the broken glass door. Or is it up to me to replace it and pay for everything again-door plus installation? I have a lawyer-drafted lease for the apartment. The door at Home Depot is called Shower Door Silver, American Standard, 57.8in W x 72in, and it costs $759. I will appreciate your opinion. Thank you.

    • @LandlordAttorney
      @LandlordAttorney 2 วันที่ผ่านมา

      Refer to the lease about damage caused by the tenant. Generally speaking, in Texas, negligence + tenant = not the landlord's problem. What does your lease say about damage caused by tenants? Please refer to your written lease.

    • @luisrivera5314
      @luisrivera5314 2 วันที่ผ่านมา

      @@LandlordAttorney Thanks for answering! I appreciate your time! My contract say: "The lessee shall, at their own expense, carry out repairs, maintenance, and ordinary situations required by the leased property that are not of an extraordinary nature, without this entailing any deduction from the rent."

  • @irinabenskaya5499
    @irinabenskaya5499 3 วันที่ผ่านมา

    Thanks for great advice! Please make more videos to educate people like me about our rights and responsibilities as landlords! ❤❤❤❤❤

    • @LandlordAttorney
      @LandlordAttorney 3 วันที่ผ่านมา

      You're welcome, and, by the way, yes, I plan to put out more content throughout the year!

  • @ambergray9212
    @ambergray9212 3 วันที่ผ่านมา

    Do you have to go to mediation before the eviction trial date?

    • @LandlordAttorney
      @LandlordAttorney 3 วันที่ผ่านมา

      Not usually, but some courts may require it, especially if the facts are a bit complicated and the matter is contested.

  • @emilebarrak9593
    @emilebarrak9593 3 วันที่ผ่านมา

    Hi Mr. Ernie How can I check for a Eviction record or criminal record

    • @LandlordAttorney
      @LandlordAttorney 3 วันที่ผ่านมา

      @emilebarrak9593 Screening a potential tenant for their evictions or criminal convictions can sometimes be done through the same company that screens their credit history and work history. Certain counties in Texas allow you to screen evictions by first and last name, but a professional screening company might be able to search statewide.

  • @krafeek4901
    @krafeek4901 3 วันที่ผ่านมา

    Hi sir, I am working Real estate company in Dubai If i make legal case against tenant for cheque bounced What documents needed to provide Court exactly pls can tell .

    • @LandlordAttorney
      @LandlordAttorney 3 วันที่ผ่านมา

      @@krafeek4901 Yikes. I'm really not licensed to practice law internationally, but if this were in Texas, where I am licensed to practice law, I'd take a copy of my lease, a copy of the check, and a copy of anything from my bank indicating that the check was returned for insufficient funding. Good luck.

  • @atron7000
    @atron7000 4 วันที่ผ่านมา

    May we also get something to eat from the refrigerator ?

    • @LandlordAttorney
      @LandlordAttorney 3 วันที่ผ่านมา

      @atron7000 Sure, but make sure to shut the refrigerator door quickly. No need to be wasteful.

  • @nicholashendrickson515
    @nicholashendrickson515 4 วันที่ผ่านมา

    My old apartment is trying to take me to court for a whole new apartment when I’ve lived there 6 years and paid a security deposit, No appliances damaged or holes in the wall or anything should I get a lawyer and fight? This is Florida

    • @LandlordAttorney
      @LandlordAttorney 3 วันที่ผ่านมา

      @@nicholashendrickson515 You may have a good defense, but that would be a topic for an attorney licensed in Florida. Best of luck.

  • @harrysangha596
    @harrysangha596 4 วันที่ผ่านมา

    Excellent info sir . Thanks

    • @LandlordAttorney
      @LandlordAttorney 3 วันที่ผ่านมา

      @@harrysangha596 You are very welcome

  • @irinabenskaya5499
    @irinabenskaya5499 4 วันที่ผ่านมา

    Thanks for a great advice! Continues watching your channel and appreciate for your input!❤❤❤❤

    • @LandlordAttorney
      @LandlordAttorney 4 วันที่ผ่านมา

      @@irinabenskaya5499 You're welcome

  • @moniquenguyen8019
    @moniquenguyen8019 5 วันที่ผ่านมา

    Can we send an email to those notices since Tenant is not sign or event she is not home to sign for return receipt request

    • @LandlordAttorney
      @LandlordAttorney 4 วันที่ผ่านมา

      @moniquenguyen8019 in Texas you can send every notice by email, but you want to make sure if that's not an approved method in accordance with your lease or with state law, send a copy in at least one approved method too.

  • @irinabenskaya5499
    @irinabenskaya5499 5 วันที่ผ่านมา

    Thanks you for valuable information! Best wishes!!!❤😂🎉🎉

    • @LandlordAttorney
      @LandlordAttorney 4 วันที่ผ่านมา

      @@irinabenskaya5499 You're very welcome

  • @DamonRobert-i6v
    @DamonRobert-i6v 5 วันที่ผ่านมา

    Continuing; In good faith and as recommended that I should also give a short but reasonable amount of time (7-10) days notice to vacate before criminal trespass charges are issued. I’m in Florida and the state has just passed a new “squatter law “ but not sure that applies as I am not the owner in my situation. Any advice?

    • @LandlordAttorney
      @LandlordAttorney 4 วันที่ผ่านมา

      @@DamonRobert-i6v Unfortunately, I can't advise you on Florida law. I'm licensed to practice law in Texas.

  • @DamonRobert-i6v
    @DamonRobert-i6v 5 วันที่ผ่านมา

    Unique situation for me but probably normal for you. I am executor of an estate which includes a single family home. I am not a landlord nor owner of the property but have all legal rights to do whatever with property. During recent hurricane Milton I allowed a guest to stay and now they won’t leave. As there is no lease or any other agreement (written or oral) and I am the legally court appointed “agent/executor/caretaker of property and not a landlord or owner I have discovered that I can give notice to unwelcome guest to vacate as they have been advised that they are no longer and have, overstayed and they are now trespassing (a trespassing sign posted on property currently and at the time of allowing guest to enter)

    • @LandlordAttorney
      @LandlordAttorney 4 วันที่ผ่านมา

      @DamonRobert-i6v In Texas, once occupancy is established, this becomes a landlord/tenant situation in the eyes of the law. The rules are different in different states. Make sure you know what rules apply to you.

  • @louis-b2i
    @louis-b2i 5 วันที่ผ่านมา

    many tenants are scumbags.dont feel sorry for them. they bitch about rent prices but when the landlord worked and saved for a down payment and didnt party on the weekends, the tenants were partying and spent their cash on weed,,know they want sympathy,,,not! raise the rent and exploit their dumb asses.bwahahaha..

  • @venturesilver8896
    @venturesilver8896 5 วันที่ผ่านมา

    WA state here...what if i the tenant did not get the letter they said today to me they left on the door on the 1st...idk where it went or if they really did put it on the door but i definitely didnt see any notice and had no idea. Also how do my rights change as the occupant and not the finacially responsible tenant?

    • @LandlordAttorney
      @LandlordAttorney 4 วันที่ผ่านมา

      @venturesilver8896 I can't speak for notice procedures in WA, but if you can establish that notice was improper according to WA law, that can prevent an eviction.

    • @venturesilver8896
      @venturesilver8896 4 วันที่ผ่านมา

      @LandlordAttorney wouldn't it just stall it basically though, until it they acually did give it to me properly?

  • @louis-b2i
    @louis-b2i 5 วันที่ผ่านมา

    Dalio manages money by buying investments such as paper assets ,I doubt he owns real estate. even if he does he has a property manager, his time is too valuable. Can u imagine Dalio fixing a toilet..unlikely..

  • @venturesilver8896
    @venturesilver8896 5 วันที่ผ่านมา

    Do you have any knowledge about a situation where the "finacially responsible tenant " decides they want off the lease and leave but the "occupant" wants to stay and pay the rent till our lease agreement is up? This has happened with my elderly Mother and I she was recently diagnosed with cancer and heart failure then fell fracturing her back in multiple areas, and unfortunately has left her bedbound and now on hospice. Wed decided that wed get the house ready for her to come home for her time on hospice, probably not longer than when our lease agreement is up next October...ugh this is hard to just type im crying, i cant see wtf im typing, dang eyeballs. Anyways, ide been downsizing our things in the house last 3 months preparing for her return while shes been in a rehabilitation center doing her best to try building up or least maintaining her strength. So preparing has ended up becoming an unforseen sort do a hoarding cleanout, not like garbage but shes a Quilter and has about 300 Rubbermaids filled with fabrics and jelly rolls and seeing machine's and all the ins and outs anyone who quilts or sews knows all about and how it can be endless. Ive tossed out tons but im having to put most into a storage unit until i have more time to go through, and to store high quality fabrics and Quilts there is a very specific method to ensure they dont get ruined this method is time consuming. I just need more time with my Mom to decide what goes where donations passed down to grandkids great grandkids neighbors family friends and some we'll sell. Anyways back to my point sorry, the house isnt ready for her yet, i have to have the living room completely cleared out so we can have her hospital bed in living room because thats the biggest space and her room is just too small for the hospital bed commode and medical supplies ill be needing to care for her...ive been an in home caregiver in past for 10 years and am veey comfortable caring for my Mom. This was also an agreement ide made with my Mom many years ago for i am more than happy to be who is by her side during this difficult time shes going through and my son and i want her here. So time has passed and everything was still as planned just taking a little longer but January 1st i find out the state has suddenly begun taking my Mothers income and its her spousal support from my Dad who passed away and was a 100% disabled Vietnam Vet, hes who i cared for acually last 5 years, its from the VA not ssi. Though she does get ssi as well but very little. Our rent payments were on autopay with the bank the VA money comes into or had come into so it was pretty secured in that we didnt worry about it not getting paid and ide just continue doing what i had been doing to pull my own weight paying the utilities and going in and caring visiting running errnads keeping medical and legal stuff organized and making sure all the bills were still getting paid. When the state starting taking her income ide been in middle of my own horrific crisis trying to deal with a fraud issue after my phone got stolen and literally everything every account was completely drained emptied destroyed maxed out even new accounts opened in my name loans cards...you name it they had a hayday while i was here going bonkers without a phone trying to deal with authentication issues cus i didnt have access to my messages only could get to my emails which that as well was hacked and they changed the password on me and all my account info for it..just seriously did some damage, during that time i was over my head with all that legal crap, my Mom was in the dark didnt know what was going on with me and ide not gone in to her for a week, my sisters were going in to her i heard though so i wasnt too worried and figured ide be ok to focus on my issue i was facing. But that was my big mistake because my Mother called the leasing office and told them flat out she wanted off the lease and was breaking the lease agreement..whew so i just found this all out as of today like 4 hours ago. I have the rent money i can pay it just fine, granted i dont by any means make 3x the rent but i can pay the rent every month no problem. The management came to our home today totally had no clue or heads up cus again my phone is now flat out gone and im using acually my kids phone and accounts lol, and they told me they already ended the lease agreement and since i was not on the lease as the "finacially responsible " i need to leave like now. She said a notice had been posted on the front door the 1st but i seriously have not seen anything on my door at all and didnt know anything. They assured me yes it was delivered and ide already been given a 14 day notice and its now the 17th and is past the day ide been adviced i needed to vacate the property. I honestly was in shock...my kid was standing right there too and i pleaded saying i can pay the rent i didnt know my Mothers income had been stopped by state or that anything had changed at all, they said well your Mother called directly and stated she wants off the lease so that ends the agreement for you as well. I sorta had a break down and shut off mentally didnt even hear anything they she said after that. I do know that even then theyd not given me any paperwork at all showing me what they were telling me. Does that count for anything? Since ide not even known anything had changed with our lease until right then when they were telling me today? My son and I have absolutely no where to go and no one, i dont have enough for a first last and deposit right now and my credit has just went to absolute shit and i had to freeze all my stuff to prevent more damages. Idk what to do theres no where thatd rent to me right now with what my credit looks like.

  • @wickedangel-k1z
    @wickedangel-k1z 5 วันที่ผ่านมา

    after your video I made good choices and covered notices after notice after notice made sure there was no doubt about communication thanks my son take the bar in california in February i'm so proud.

  • @TigerHarris510
    @TigerHarris510 6 วันที่ผ่านมา

    Ernie Garcia is one of the BEST landlord/tenant attorneys in the State. He has experience and has seen it all. Kudos!

  • @tamarashavon575
    @tamarashavon575 6 วันที่ผ่านมา

    Great advice

  • @Serena-v3z
    @Serena-v3z 6 วันที่ผ่านมา

    Can I please ask you a question here or do I need to send an email.

  • @NewWorldGod33
    @NewWorldGod33 6 วันที่ผ่านมา

    I live in Pearland,Tx. The apartments and I made an oral agreement that I would pay the rent late. They decided not to wait and file an eviction that received today. I still want to pay rent but would they have to follow through with the eviction?

    • @LandlordAttorney
      @LandlordAttorney 6 วันที่ผ่านมา

      This is one reason we recommend that any modifications or agreements always be made in writing. They might still take the rent, but I imagine that additional fees are now owed too. If you can pay everything that is owed, and if they are willing to accept that payment, make sure to get this in writing and assurance that your account is now 100% current.

  • @NewWorldGod33
    @NewWorldGod33 6 วันที่ผ่านมา

    Me and the landlord had a verbal agreement that I was going to pay the rent late. They file an eviction anyways, can they terminate the eviction if I pay them in full?

    • @LandlordAttorney
      @LandlordAttorney 6 วันที่ผ่านมา

      This is one reason we recommend that any modifications or agreements always be made in writing. They might still take the rent, but I imagine that additional fees are now owed too. If you can pay everything that is owed, and if they are willing to accept that payment, make sure to get this in writing and assurance that your account is now 100% current.

  • @magdanavarrete8403
    @magdanavarrete8403 6 วันที่ผ่านมา

    If someone applies and are approved and they say they have an ESA and we request documents such as shot records, pet screening, and letter from licensed professional and then they say the ESA is not moving in anymore with them and later once moved in the future they ask again about the ESA, do I have to accept it? Even though they got rid of it once with no issue? Is it okay to ask her now

    • @magdanavarrete8403
      @magdanavarrete8403 6 วันที่ผ่านมา

      Is it okay to ask her ‘you already notified us about the ESA, do you no longer need the ESA and that is the reason as to why it is not going to be in the property anymore?’

    • @LandlordAttorney
      @LandlordAttorney 6 วันที่ผ่านมา

      @magdanavarrete8403 You can still demand these things as a reasonable condition. If the tenant declines, you can decline the ESA. What do you mean by pet screening? Are you looking for bite history? That would be proper, but fees or deposits would not be.

    • @magdanavarrete8403
      @magdanavarrete8403 6 วันที่ผ่านมา

      @@LandlordAttorneypet screening from a third party service it’s an overall information about the ESA. It’s okay for me to ask her if she no longer needs the ESA? Since now they have decided to not even move in with it

    • @LandlordAttorney
      @LandlordAttorney 6 วันที่ผ่านมา

      @ No. You cannot ask your tenant about their medical treatment or how they are handling their medical needs. That would violate their medical privacy.

  • @daquashawilliams2553
    @daquashawilliams2553 7 วันที่ผ่านมา

    I went to apply for riverside county section and it is saying the list is not open

    • @LandlordAttorney
      @LandlordAttorney 7 วันที่ผ่านมา

      It may not be available now. You may want to check with them later.

  • @shawmeck9323
    @shawmeck9323 7 วันที่ผ่านมา

    Happy birthday Mr. Garcia! If I may ask a follow up question: Do we need to give a Five or 7-Day Notice (depending on state) to Perform Lease Condition or Quit for something that the tenant needs to stop doing right away before 5 days? Should I write something like this? "While (Insert State) law requires that I provide you with five days to cure this lease violation or vacate the property, the nature of [violation] poses immediate concerns for [safety/property/other tenants' rights/etc.]. I strongly encourage you to address this issue immediately rather than waiting the full five-day period to avoid [specific consequences]. Your prompt attention to this matter would be greatly appreciated."

    • @LandlordAttorney
      @LandlordAttorney 7 วันที่ผ่านมา

      Thank you! The Notice requirements vary greatly depending on the state. In Texas, for default like cutting the grass or parking violations, you'll want to consider how long it would take to cure on a practical level. Generally, I advise 3 to 7 days. This isn't a magic set of court approved numbers, but it's generally acceptable.

  • @r.v.l6051
    @r.v.l6051 7 วันที่ผ่านมา

    Hi I applied as a landlord for my rental property for section 8 and I received an Email with online meeting link. But no one started the meeting at the time that mentioned on Email. I tried to call the office(TCHAO)and Email them but I haven’t received any response!!! What should I do now?I feel probably there is corruption there!!! (Fort Worth,TX)

    • @LandlordAttorney
      @LandlordAttorney 7 วันที่ผ่านมา

      Are you talking about the housing authority office in Fort Worth?

    • @r.v.l6051
      @r.v.l6051 7 วันที่ผ่านมา

      @ yes

    • @LandlordAttorney
      @LandlordAttorney 7 วันที่ผ่านมา

      As an attorney, I am not able to help with housing. You may want to reach out by phone, email or even meet them in person to make sure the application has been submitted.

  • @Slaymayas
    @Slaymayas 8 วันที่ผ่านมา

    What if the judgement was for non payment of rent , and lesse violations, including violence toward yhe landlord? I have the police reports as proof

    • @LandlordAttorney
      @LandlordAttorney 7 วันที่ผ่านมา

      I don't understand the question. Are you asking about an appeal?

    • @Slaymayas
      @Slaymayas 7 วันที่ผ่านมา

      @LandlordAttorney yes Ernie i am asking about an appeal. If my reasoning for eviction includes lease violations such as violence towards me the landlord, can they still have a chance to appeal? Oh and the tenant already has a prior eviction

    • @LandlordAttorney
      @LandlordAttorney 7 วันที่ผ่านมา

      Yes, the tenant has a right to appeal by virtue of law, even if she had a prior eviction.

    • @Slaymayas
      @Slaymayas 7 วันที่ผ่านมา

      @@LandlordAttorney can I contest appeal... The situation is a dangerous situation and it is imminent I have a police report and everything the threats have continued our court date is just 7 days away. Is it at all possible to get the judge to refuse and appeal at all because not only does she have prior eviction, I have proof that her previous eviction was for literally identical reasons. I want to prove that she has a pattern of non-compliance guns have been involved police have been to my house

    • @Slaymayas
      @Slaymayas 7 วันที่ผ่านมา

      @@LandlordAttorney also I think it's worth to mention that I am in PA. If the tenant does choose to appeal do they have to pay to stay in the meantime or how can I ensure that if this goes further that I'm at least going to get some sort of a payment. And if they don't pay into the courts are they still able to amen because I read that for them to amend they have to pay into the courts escrow. If they don't pay into that then they cannot stay correct?

  • @bencary78
    @bencary78 8 วันที่ผ่านมา

    Virginia is pretty balanced about this. If a judgement is issued against the tenant in the 1st trial, 95% of the time for non payment, the tenant does have the right to file an appeal within 10 days; however they have to post the judgement amount when they file. So if they had the money, they would have just paid you, and if they don't, it just buys them 10 more days.

  • @claudettelindsey7542
    @claudettelindsey7542 8 วันที่ผ่านมา

    If you are raising the rent but you're not getting increase in salary how does that work should we have some more compassion for the renters or should we have more compassion for the landlord how does it balance we're not getting increases in salary

    • @LandlordAttorney
      @LandlordAttorney 8 วันที่ผ่านมา

      I don't see this as an issue of compassion. I see this as a business transaction. Rent prices go up and down (usually up), but the tenant's income should not affect the landlord's right to raise the rent when the landlord's costs have risen.

    • @claudettelindsey7542
      @claudettelindsey7542 8 วันที่ผ่านมา

      @LandlordAttorney if the tenant can not afford the rent , I guess it's up to the tenant to leave and the landlord to rent to others that can afford the rent and the cycle continues. Compassion or Money I guess Money rules.

  • @TheFerniefarm
    @TheFerniefarm 9 วันที่ผ่านมา

    After filing court papers for eviction and having the case thrown out for failing to prove my delivery paper trail i hired an attorney and teturned to court covked and lozded. According to civil case 1496.2 my property is exempt from tenants rights. Its one parcel with two homes. I live in one and the 3/2 guest house is occupied by my troublesome tenant . We filed no cause since the property is protected. But during the eviction hearing the tenant came up with a clsim that the rental was on its own parcel, had its own address and therefore wss able to be divided into two apartments which stops an exemttion. The two homes are on one 6 acre parcel. I built this house and know the property from end to end. My question is, how were we supposed to defend oursrlves without knowing a lie about the propert was being told. In addition the tenant swore under oath that they wete never served a summons. I watched the process server go down and hand it to them. We had 13:02 all documentation that showed they were served. Is thst perjury?

    • @LandlordAttorney
      @LandlordAttorney 9 วันที่ผ่านมา

      I am sorry it has happened to you. You may have to appeal if you still have time for that

  • @joyarmstrong8805
    @joyarmstrong8805 9 วันที่ผ่านมา

    This is false information Texas ruled you do not have to pay rent during an appeal 😊 your welcome

    • @LandlordAttorney
      @LandlordAttorney 9 วันที่ผ่านมา

      "False information" is a strong claim. I'm not sure what you're referencing in your comment, but Texas law hasn't changed on this issues in a while. However, I'm always eager to learn. When did Texas make this ruling, and which court was it?

    • @joyarmstrong8805
      @joyarmstrong8805 3 วันที่ผ่านมา

      @ ONCE AGAIN FASLE INFORMATION MAYBE YOU SHOULD PRACTICE LAW IN MEXICO NOT HERE BECAUSE YOU OBVIOUSLY DONT KNOW THE LAWS ……YOU CAN CALL THE COURT HOUSE YOURSELF AND JUST ASK THEY WILL TELL YOU THEY DONT TAKE RENT PAYMENTS.

  • @Cityofchamps94
    @Cityofchamps94 9 วันที่ผ่านมา

    What if my neighbor below me has a medical marijuana card and has been smoking weed and cigarettes and my apartment smells like smoke every day, multiple times a day for the entire duration of our lease for over a year and a half.

    • @LandlordAttorney
      @LandlordAttorney 9 วันที่ผ่านมา

      Is this something you like? If so, congratulations. If it's something you dislike, have you given written notice about this to your landlord? What does your lease say about notice to the landlord for issues like this? Does your state allow you to terminate the lease or sue your landlord? If this has gone on for over a year and you have renewed your lease, chances are, a court will find that you knew about this problem and chose to renew your lease, so it's obviously not that big a deal.