WE DO NOT CALL ANY FORMER LANDLORDS FOR ANY RECOMMENDATION ON APPLICANTS. WE ASK THEM FOR PROOF THAT RENT WAS PAID ON TIME, TO WHOM, HOW MUCH AND WHEN WAS PAID WE ALWAYS GIVE RECEIPTS WITH THE COPY OF THE CHECK. WE ALSO TELL THE EXISTING TENANTS THAT THOSE RECEIPTS ARE THEIR BEST RECOMMENDATION WHEN THEY MOVE. NEVER TAKE CASH OR DIRECT DEPOSIT. WE ALSO ASK FOR PICTURES OF THE APARTMENT THEY ARE MOVING FROM. DO NOT BECOME "FRIENDS" WITH YOUR TENANT. THEY ARE TENANTS AND YOU ARE A LANDLORD. NO FEELINGS AND NO COMPASSION. JUST BUSINESS.
Thank you Ernie for all your wisdom and advice. New landlord since Jan 2023 and The thing I NEED to change for 2024 is my screening procedures. I am very thorough and even call previous landlords/ workplaces to verify. But the mistake I made in August was only doing a background check on the main applicant, when she told me her whole adult family was going to be residing in my 3 bedroom home…. Welp, long story short as you can guess the 3 adults in my property don’t contribute to bills and she overspent one fine Xmas shopping day in November and now is 5 weeks behind on RENT!! The other two grown men plus the mom they take care of can’t even call me or care to deposit the rent!! They either don’t know or don’t give a damn most likely been evicted themselves in the past!?!? Won’t ever, ever happen again! Everyone on my lease gets screened!! 😅🎉
@@Texas_Made_ Right! When I started I did the method of housing traveling nurses per room. They have to be clean background and their work pays for rent so no problems on that. As soon as I decide to “give Zillow renting a try” I let my standards slip for a family when I should have seen the red flags. Oh well, they are getting served in 2 days so wish me luck.
Listening to this video I realize I have improvement to do as a landlord. This is a video. How do I include an application of funds clause? How is it written? Thanks for educating. You are a teacher at heart.
We do perform inspections on our rentals. Every 6 months or so. Besides these formal inspections, if we have to go to a unit for whatever reason, we can also have at least a general look of how they are taking care of the property. These periodic inspections are useful to catch things when they are still small. Minor repairs-and timely fixed-are a lot better than big problems in an emergency (like a water leak that has rotten cabinets or has started leaking into the apartment downstairs). However, the timing suggested here (at the 3- and 9-month marks rather my loosely every 6-7 months...) is a good tip, which I will incorporate from now on (thanks Ernie!)
Unfortunately every event Ive described is derived from my current situation. The Judge did approve my post-trial motions: The first I did for Withdrawing my appeal bond. The second motion was to inform the court I still had a claim for Atty Fees after the dismissal and that I was entitled to be the prevailing party. - they also approved this motion. My 3rd Motion for Atty Fees is pre-approved, but is being delayed because I dont know the Lodestar method or have an Attorney to write an Affidavit, only my bills and contract. I invested all of my money to appeal and no one handles tenant cases on contingency. So I agree, that it is going to be a tough road. Its not an option I want or can avoid.
If you're seeking to recover attorney fees, why isn't your attorney involved? Generally, you're going to need their testimony in order to recover those fees. Otherwise, the court may not deem your request as reasonable or necessary.
@@LandlordAttorney The day after the Landlord filed a dismissal, my Attorney emailed me to congratulate us on our "win" and to inform me he was closing my file. We didnt have any issues. He too just believes a dismissal moots the entire case. One More Question, please sir, sorry to take up your time: What is my appeal bond's current purpose in needing to be an appeal bond still? Considering the fact I no longer live there.
@NirvanaTyler It's hard to talk about eviction procedure when I don't know the state you're in or exactly what's going on with your case file. Every case is a little different. However, if your case is on appeal, then you probably don't have a final judgment. In Texas, all eviction cases are first heard by a Justice of the Peace. If appealed, they go to the County Court and are tried over (de novo). This means that the original trial is erased. To prevail and recover attorney fees, one would have to seek judgment from the next court. However, if the matter has been dismissed, there is no way for the County Court to issue a new judgment. Therefore, if the JP Judgment remains in place, and there were no attorney fees awarded in that judgment, I don't see how they could be awarded at this time. I strongly suggest you seek out another attorney in your jurisdiction to review your case facts and to advise you on these facts. Best of luck.
Thank you so much for filling the need of educating Landlords. I am a new Landlord for the first time and only have one rental property. I live in Lancaster County Pennsylvania, and the rental property is located five hours west in Pittsburgh, Pennsylvania The tenants are beginning to be late on rent, I am looking for a resource of samples of “Notice of default.” Are you willing to direct me that doesn’t include rocket lawyer, etc.
Unfortunately, as all attorneys in our Law Firm are only licensed in Texas, we will not be able to guide you through Pennsylvania eviction laws. I'd recommend reaching out to a Lanldord/Tenant attorney in your area and seek their advice. Best of luck to you.
I recommend issuing a Notice of default, repairing the issue, sending a bill for the repair, collecting for the repair, and following up later to make sure there is no additional damage.
If you are in Texas and looking for a course on how to deal with tenant defaults, notices, and evictions, you might want to visit one of our pages: www.attorneyEG.com/EV
Hello sir, Im a tenant whose eviction recently dismissed, despite hiring a horrible lawyer whose now withdrawn after the dismissal. I am now filing motions to get my legal fees reimbursed, but I am confused about one law. Texas law states prevailing tenants do NOT need to provide notice in order to be reimbursed Attorney Fees. But "who" is Texas referring to that tenants dont need to give notice to? - The Landlord or the court? And what type of "notice" is this law referring to? - A demand letter notice? A motion for fee Notice? Does this law mean Landlords arent given an opportunity to object to the requested amount?
If your lease includes an attorney fee provision, then neither party has to give notice of attorney fees. If the lease is silent on attorney fees, then the landlord must give a 10-day notice to vacate if he wants to collect attorney fees. However, the tenant can collect attorney fees if they are a prevailing party, if attorney fees were at issue in the litigation, and if attorney fees were awarded by the judge. However, if a case is dismissed, there really is no prevailing party, so attorney fees are probably inapplicable.
Hello sir, Lease: 2022-2023 TAA lease Landlord: A corporation Wouldn't these laws be taken into consideration? Laws: #1. A nonsuit does not affect any pending claim for affirmative relief or motion for attorney's fees or sanctions. Id. at 863; Tex.R. Civ. P. 162. #2. In Epps v. Fowler, 351 S.W. 3d 862 (Tex. 2011), the Texas Supreme Court held that "a defendant may be a prevailing party when a plaintiff nonsuits without prejudice if the trial court determines, on the defendant's motion, that the nonsuit was taken to avoid an unfavorable ruling on the merits." 3. I do agree that theres no winner in a dismissal, but courts understand that I paid $360 for the court to make a determination, I didnt pay the plaintiff. 4. Part (c) of Eviction Attorneys fees is a fee-shifting provision intended to only benefit the prevailing tenants. It does start off mentioning Landlords but only to lay the foundation for the tenant. 5. After the plaintiff dismissed my appeal, I replied by filing a Motion for the court to determine who won. I was then granted the "prevailing party" title. 6. I only used my title so I could be entitled to file my following motions in requesting for Atty fees. 7. Question: Doesn't every tenant in a dismissal prevail? Since Texas awards all prevailing Landlords a Writ of Possession, and there is no Writ in a dismissal. I am debating these laws because I want to be proven wrong, not right, as I accept the fact Im not a Lawyer. But anyone at a risk of losing their $8,000 over nothing, they too wouldn't want to lose it without having a doubt that it could've been recovered. Thank you sir for sharing your knowledge with me. It is always very much greatly appreciated.
@NirvanaTyler While the law above is correct, as stated, there are 2 additional considerations. First, do any of the scenarios described above fully apply to your case or facts? Second, none of this is absolutely binding on the judge, who can decide in any case whether an award of attorney fees is appropriate or not.
@@LandlordAttorney Sir, the Judge can award me $0 in Attorney fees and I will be thankful. My only relationship with Attorney fees is using it as my sponsor to show the court a dismissal does not moot bringing me justice.
@NirvanaTyler If your case is on appeal, then you don't have a final judgment. In Texas, all eviction cases are first heard by a Justice of the Peace. If appealed, they go to the County Court and are tried over (de novo). This means that the original trial is erased. To prevail and recover attorney fees, one would have to seek judgment from the next court. However, if the matter has been dismissed, there is no way for the County Court to issue a new judgment. Therefore, if the JP Judgment remains in place, and there were no attorney fees awarded in that judgment, I don't see how they could be awarded at this time.
WE DO NOT CALL ANY FORMER LANDLORDS FOR ANY RECOMMENDATION ON APPLICANTS. WE ASK THEM FOR PROOF THAT RENT WAS PAID ON TIME, TO WHOM, HOW MUCH AND WHEN WAS PAID WE ALWAYS GIVE RECEIPTS WITH THE COPY OF THE CHECK. WE ALSO TELL THE EXISTING TENANTS THAT THOSE RECEIPTS ARE THEIR BEST RECOMMENDATION WHEN THEY MOVE. NEVER TAKE CASH OR DIRECT DEPOSIT. WE ALSO ASK FOR PICTURES OF THE APARTMENT THEY ARE MOVING FROM. DO NOT BECOME "FRIENDS" WITH YOUR TENANT. THEY ARE TENANTS AND YOU ARE A LANDLORD. NO FEELINGS AND NO COMPASSION. JUST BUSINESS.
Thank you Ernie for all your wisdom and advice. New landlord since Jan 2023 and The thing I NEED to change for 2024 is my screening procedures. I am very thorough and even call previous landlords/ workplaces to verify. But the mistake I made in August was only doing a background check on the main applicant, when she told me her whole adult family was going to be residing in my 3 bedroom home….
Welp, long story short as you can guess the 3 adults in my property don’t contribute to bills and she overspent one fine Xmas shopping day in November and now is 5 weeks behind on RENT!! The other two grown men plus the mom they take care of can’t even call me or care to deposit the rent!! They either don’t know or don’t give a damn most likely been evicted themselves in the past!?!?
Won’t ever, ever happen again! Everyone on my lease gets screened!! 😅🎉
Well, you're learning from this. That's what matters. Good for you.
YIKES,i knew when you mentioned her bringing all those people on board where this was going😅
@@LandlordAttorney 🫡
@@Texas_Made_ Right! When I started I did the method of housing traveling nurses per room. They have to be clean background and their work pays for rent so no problems on that. As soon as I decide to “give Zillow renting a try” I let my standards slip for a family when I should have seen the red flags. Oh well, they are getting served in 2 days so wish me luck.
@@DopeHangouts Best of luck to you!
Ramona Gonzalez from Casa Cruz Apartments; thank You so much Mr. Ernie for all your wisdom and advice
You are very welcome. It's great to hear from you!
Listening to this video I realize I have improvement to do as a landlord. This is a video. How do I include an application of funds clause? How is it written? Thanks for educating. You are a teacher at heart.
We do perform inspections on our rentals. Every 6 months or so. Besides these formal inspections, if we have to go to a unit for whatever reason, we can also have at least a general look of how they are taking care of the property. These periodic inspections are useful to catch things when they are still small. Minor repairs-and timely fixed-are a lot better than big problems in an emergency (like a water leak that has rotten cabinets or has started leaking into the apartment downstairs). However, the timing suggested here (at the 3- and 9-month marks rather my loosely every 6-7 months...) is a good tip, which I will incorporate from now on (thanks Ernie!)
You're welcome. It's sounds like you've already implemented a pretty good system. I'm glad this was helpful.
Can you do a video on how to get your place out there accurately and fast to rent out? Like tips for posting your place,how to rent out in a HOA?
I'll put it on the list.
Good video!
I'm glad you think so.
Unfortunately every event Ive described is derived from my current situation.
The Judge did approve my post-trial motions:
The first I did for Withdrawing my appeal bond.
The second motion was to inform the court I still had a claim for Atty Fees after the dismissal and that I was entitled to be the prevailing party. - they also approved this motion.
My 3rd Motion for Atty Fees is pre-approved, but is being delayed because I dont know the Lodestar method or have an Attorney to write an Affidavit, only my bills and contract.
I invested all of my money to appeal and no one handles tenant cases on contingency. So I agree, that it is going to be a tough road. Its not an option I want or can avoid.
If you're seeking to recover attorney fees, why isn't your attorney involved? Generally, you're going to need their testimony in order to recover those fees. Otherwise, the court may not deem your request as reasonable or necessary.
@@LandlordAttorney The day after the Landlord filed a dismissal, my Attorney emailed me to congratulate us on our "win" and to inform me he was closing my file.
We didnt have any issues. He too just believes a dismissal moots the entire case.
One More Question, please sir, sorry to take up your time:
What is my appeal bond's current purpose in needing to be an appeal bond still? Considering the fact I no longer live there.
@NirvanaTyler It's hard to talk about eviction procedure when I don't know the state you're in or exactly what's going on with your case file. Every case is a little different. However, if your case is on appeal, then you probably don't have a final judgment.
In Texas, all eviction cases are first heard by a Justice of the Peace. If appealed, they go to the County Court and are tried over (de novo). This means that the original trial is erased. To prevail and recover attorney fees, one would have to seek judgment from the next court. However, if the matter has been dismissed, there is no way for the County Court to issue a new judgment. Therefore, if the JP Judgment remains in place, and there were no attorney fees awarded in that judgment, I don't see how they could be awarded at this time.
I strongly suggest you seek out another attorney in your jurisdiction to review your case facts and to advise you on these facts. Best of luck.
Thank you so much for filling the need of educating Landlords. I am a new Landlord for the first time and only have one rental property. I live in Lancaster County Pennsylvania, and the rental property is located five hours west in Pittsburgh, Pennsylvania The tenants are beginning to be late on rent, I am looking for a resource of samples of “Notice of default.” Are you willing to direct me that doesn’t include rocket lawyer, etc.
Unfortunately, as all attorneys in our Law Firm are only licensed in Texas, we will not be able to guide you through Pennsylvania eviction laws. I'd recommend reaching out to a Lanldord/Tenant attorney in your area and seek their advice. Best of luck to you.
th-cam.com/video/TdMd2sCRhsQ/w-d-xo.html
How to do you handle it if they are damaging the property after 3 months as you say, if a lease in place lease? Do you issue an addendum?
I recommend issuing a Notice of default, repairing the issue, sending a bill for the repair, collecting for the repair, and following up later to make sure there is no additional damage.
Great information. Does any of these tips change for mid term lease rentals i.e 4-6 months? Thanks
The same ideas should translate pretty easily.
Does anyone recommend any specific tenant screening system? I used zillow in the past
Here's a video on the subject: th-cam.com/video/etW6OUNvveQ/w-d-xo.htmlsi=C00-dMIF8uLx21VR
How do i find a mentor?
If you are in Texas and looking for a course on how to deal with tenant defaults, notices, and evictions, you might want to visit one of our pages: www.attorneyEG.com/EV
Hello sir,
Im a tenant whose eviction recently dismissed, despite hiring a horrible lawyer whose now withdrawn after the dismissal.
I am now filing motions to get my legal fees reimbursed, but I am confused about one law.
Texas law states prevailing tenants do NOT need to provide notice in order to be reimbursed Attorney Fees.
But "who" is Texas referring to that tenants dont need to give notice to?
- The Landlord or the court?
And what type of "notice" is this law referring to?
- A demand letter notice? A motion for fee Notice?
Does this law mean Landlords arent given an opportunity to object to the requested amount?
If your lease includes an attorney fee provision, then neither party has to give notice of attorney fees. If the lease is silent on attorney fees, then the landlord must give a 10-day notice to vacate if he wants to collect attorney fees. However, the tenant can collect attorney fees if they are a prevailing party, if attorney fees were at issue in the litigation, and if attorney fees were awarded by the judge. However, if a case is dismissed, there really is no prevailing party, so attorney fees are probably inapplicable.
Hello sir,
Lease: 2022-2023 TAA lease
Landlord: A corporation
Wouldn't these laws be taken into consideration?
Laws:
#1. A nonsuit does not affect any pending claim for affirmative relief or motion for attorney's fees or sanctions. Id. at 863; Tex.R. Civ. P. 162.
#2. In Epps v. Fowler, 351 S.W. 3d 862 (Tex. 2011), the Texas Supreme Court held that "a defendant may be a prevailing party when a plaintiff nonsuits without prejudice if the trial court determines, on the defendant's motion, that the nonsuit was taken to avoid an unfavorable ruling on the merits."
3. I do agree that theres no winner in a dismissal, but courts understand that I paid $360 for the court to make a determination, I didnt pay the plaintiff.
4. Part (c) of Eviction Attorneys fees is a fee-shifting provision intended to only benefit the prevailing tenants. It does start off mentioning Landlords but only to lay the foundation for the tenant.
5. After the plaintiff dismissed my appeal, I replied by filing a Motion for the court to determine who won. I was then granted the "prevailing party" title.
6. I only used my title so I could be entitled to file my following motions in requesting for Atty fees.
7. Question: Doesn't every tenant in a dismissal prevail? Since Texas awards all prevailing Landlords a Writ of Possession, and there is no Writ in a dismissal.
I am debating these laws because I want to be proven wrong, not right, as I accept the fact Im not a Lawyer. But anyone at a risk of losing their $8,000 over nothing, they too wouldn't want to lose it without having a doubt that it could've been recovered.
Thank you sir for sharing your knowledge with me. It is always very much greatly appreciated.
@NirvanaTyler While the law above is correct, as stated, there are 2 additional considerations. First, do any of the scenarios described above fully apply to your case or facts? Second, none of this is absolutely binding on the judge, who can decide in any case whether an award of attorney fees is appropriate or not.
@@LandlordAttorney Sir, the Judge can award me $0 in Attorney fees and I will be thankful.
My only relationship with Attorney fees is using it as my sponsor to show the court a dismissal does not moot bringing me justice.
@NirvanaTyler If your case is on appeal, then you don't have a final judgment.
In Texas, all eviction cases are first heard by a Justice of the Peace. If appealed, they go to the County Court and are tried over (de novo). This means that the original trial is erased. To prevail and recover attorney fees, one would have to seek judgment from the next court. However, if the matter has been dismissed, there is no way for the County Court to issue a new judgment. Therefore, if the JP Judgment remains in place, and there were no attorney fees awarded in that judgment, I don't see how they could be awarded at this time.
Landlord. LOL. Give me a break.
I'm in such a good mood, I'll give you two.