Tenant Eviction Appeals
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- เผยแพร่เมื่อ 5 ก.ย. 2024
- If you are a brand new Landlord, you have a lot to learn about Landlording and how to deal with Tenants. Even more complicated is the world of the Eviction Court. If you have never filed for Eviction or have never had to enforce an Eviction, consider yourself lucky, but, for as long as you're in the Landlording game, you will need to know how to manage your Eviction. Specifically, you'll need to be aware of the chances for your Tenant to APPEAL!
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"Don't just look for better Tenants. Continually look for ways to be a better Landlord, and your business will thrive."
--Ernie Garcia
The Law Office of Ernie Garcia represents Landlords in various trial cases in Texas Justice Courts, County Courts, District Courts, and even U.S. Federal District Courts in the Southern District of Texas. While our office is located in Houston, Texas and many of our cases are in Harris County, we have represented clients in Courts all throughout the State of Texas.
Our Landlord clients look to the Law Office of Ernie Garcia to send demand letters to tenants who have breached their residential or commercial leases. We prepare petitions for Eviction and represent Landlords, Investment Companies, and Property Managers involved in Evictions at the Justice Court and in Eviction Appeals.
The goal in every Eviction is full and final resolution, which sometimes includes Judgment, Writ of Possession, Abstract of Judgment, Writ of Execution, and even settlement. We also defend Landlords whose Tenants sue them in these same courts with claims for repairs, security deposits, or a variety of other Lease disputes.
Additionally, Ernie Garcia assists Landlords with drafting Leases that comport with the Texas Property Code and puts the Landlord in a firm position to derive the best benefit from the Landlord/Tenant relationship. 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.
Ernie Garcia has over 10 years of litigation experience in jury trials and bench trials. He has also represented clients on appeal to the First and Fourteenth Texas Courts of Appeal.
Through the years our philosophy has never changed. We are here for the benefit of our clients, and we seek to improve situations and to create innovative solutions to conflicts that affect the property, accounts, and business assets of the people we represent.
To contact us by Email: Info@attorneyEG.com
Call or Text: 832-305-7694
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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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One thing I learned in New Jersey tenancy court is that by getting a tenant to sign a court approved agreement for back rent on a court supplied form that by signing this the tenant is signing away the right to appeal if the tenant defaults on the agreement and the eviction will go right through at that point.
It's good to know the rules.
@@LandlordAttorneycan this be done in Tx?
Ya, thats why Landlords are careful before the contract is drafted.
Pre emptive action is far easier to live with.
100% correct.
I really need some guidance on a current issue with my landlords. I would so love and appreciate getting time to speak and see what you recommend I do to further go from here. Ty again ❤
Is your rental located in Texas? If so, you can call us during normal business hours at 832-305-7694, you can email us at info@attorneyeg.com, or you might benefit from a 30-minute consultation. The fee is $199. To set this up, feel free to call our office or click here to book your own appointment online: lawofficeoferniegarcia.as.me/schedule.php
I pay my rent every month on time without fail. I’m being told I’m going to be evicted after I filed for full custody and my wife claimed I choked her and fled the state with my kids. I can’t even go to my apartment and they never game an opportunity to go get anything. I’ve been staying at my dad’s house. She isn’t even in the state. The failed to serve her in time on several occasions. Now they’re trying to evict me based on my “charges” that I pled not guilty for and haven’t been tried for. These people are attempting to evict a 80% disabled vet who pays his rent with his disability check based on heresay. I’m planning a lawsuit after all these charges get dropped.
This sounds like a Family Law case. Best of luck to you.
These laws need to change.
It's always good to reach out to our state representatives and let them know how we feel about the laws that do not function properly.
I'm a good tenant and paid my rent on time and mind my business and I am being evicted by lies because I reported a leak to the city.
I appreciate your input, but I live in Kansas where leasing managers are drug dealing, selling weed to tenants, and when I reported them I became under attack on daily basis even after moving to a different apartment complex, no law firm accept to take them to court even with the overwhelming evidences that I have against them.
I'm sure if you have an actual claim that there's some attorney out there that can take the case. The big question might be, what's to gain from winning this claim? Why would it make strategic sense to challenge these particular managers?
I have court coming up to evict a tenant from my property, he has hasn’t paid rent for the month of January which is his last month of his lease. He stopped answering my calls and texts and I even asked if him if he was sure he wanted to go this route and he never answered me. His lease ends January 31st and that’s the day we have court. Does he have a chance to appeal?
The tenant has a right to appeal by virtue of law.
Within how days after the judgement can the tenant still file for appeal?
@@Truth-Sikher From a Texas Justice of the Peace, no more than 6 days.
Good luck. My sister has some tenants that won’t leave and they haven’t paid her for 6, months. Now they’re suing her 🙄🤦🏻♀️ for harassment. This is ridiculous how they protect them but they won’t care about the property owners
@@LandlordAttorneyis it free for them to file an appeal?
I got all my stuff destroyed in a nj apartment while having an active lease never miss a rent payment never late never owe pay all my bills on time I went on vacation and came all my belongings is gone and the apartment is in renovated no eviction letter from the court nothing just basically came back and have nothing and they ignoring me when I contacted go to the they forcing me to sign out the lease and saying they won’t do anything until I sign out the lease I’ve done nothing to these people I work so hard and make sure I paid my rent before anything else and they did me the worse been a whole weekend and they not saying anything about replacing my belongings doing renovation while I even paid my rent on the first of this month
I file a lawsuit against them now waiting on my court date
As I'm not licensed to practice law in New Jersey, I can't really offer any legal advice, but I do strongly encourage you to seek out an attorney licensed to practice in that court.
Why is it that landlords😢 always get F u c K e D when it comes to Eviction!!!! Why do people get their lives rent free destroy your place and then you have to spend your money to fix it and probably have no rent coming in for at least three months.!!! How does this seem fair? Please tell me.????
Well, part of this is a planning problem. Tenant screening, regular inspections, and good insurance can solve many of these issues.
That's why you go to mediation and sign the agreement.
Mediation can be a good option.
I was never a tenant. My mother-in-law left this house to my husband and while he was away homeless people trashed it it was going to get condemned. We fixed it up. Unfortunately, my husband passed away, and his brother has been trying to kick me out since two weeks after his death, which was back in October, I can’t get Legal aid services of West to help me be due to a conflict of interest I live in the state of Texas i watched the step-by-step eviction process. I took a video and a picture of how the eviction notice was taped to the outside of the door. I didn’t get a chance to show the judge the picture or bring it up because he had already given favor to my brother-in-law, which managed to put the house under his name, but it wasn’t his.
If you still have time, you need to appeal ASAP! You may also need a separate lawsuit to resolve the ownership issue. Are you in Texas?
@@LandlordAttorney I did submit an appeal and I have a video and picture of how the notice of eviction was taped to the outside of your door, and according to the information I learned from you is that it should’ve been taped to the inside of the door, Texas state law.
@@juliagarcia1214 in Texas, there is a complicated procedure for posting on the outside, but if it wasn't in an envelope and otherwise mailed on the same day, it probably won't qualify as proper notice.
Sorry to hear such a loss, along with the fact that a house got raided by homeless people. The government needs to act to these bad cases now!
After you apply for writ of possession how long before constable serve tenant
It takes about 1 to 2 weeks for the court to process the Writ and for the Constables to serve it.
What is the time limit for an appeals from tenants after the judgment in California?
That's a question for CA attorney. Go check out youtube.com/@ryanthelawyer?si=tTXn0L4Gs7mnGcQE
If a tenant is being evicted because she or he violated a policy that caused for eviction.They the tenant should be evicted with no chance to appeal. No free rides.
@LD-je6om An appeal is a little like baseball. Sometimes, the balls and strikes are easy to call. Sometimes, another umpire needs to step in to make the call.
My friend rented out a room in his home the guy was never on time with his rent gave payments rent was $600 a month buddy told me he showed up to the brand new window he had installed the screen was damaged and this guy did mechanic work on the driveway and didnt even bother to clean up his mess 3months without paying rent and the justice system is slow on evicting this guy this is California for anyone renting just dona background check, have them show you a pay stub my buddy didn't do it come to find out the guy has a record and no steady job my buddy is not renting out to anyone after this because of how much priveledge these flakers have in your own house /property
Being a Landlord seems like it's just having property and getting money, but there's so much more involved and a lot of risk.
@@LandlordAttorney worse when ppl think your some sort of a millionaire having a house
Did he ever get evicted?
This guy is in my one bedroom apartment. He has moved out all of his clothes but is harassing me by not removing the rest of his stuff (plants and blankets he used to sleep on my floor) and threatening to sue if I lock him out. I served the 30 day which ended over 30 days ago. He hasn't paid and owes over $500
Deliver a written notice of abandonment and give him 5 days to remove the rest of his things before you declare them abandoned and discard them in any way you see fit. Make sure to make a diligent effort to deliver this notice by text, email, regular mail, in-person, etc.
@@LandlordAttorney I posted abandonment as he claims to live here. No rent or sleeping here in over 50 days. All personal
Property
Moved out over 10 days ago
@@LandlordAttorney he claims he still lives here to make my trail a civil trial. Not on my dime
@@moniquebush9317 if he's gone and his stuff is gone and he's not on the lease, he has no claim to possession.
WHAT STATE YOU'RE TALKING ABOUT
I'm in Texas.
What about the state of Florida?
Unfortunately, I'm totally unfamiliar with Florida law.
How about month to month and give 30 notice as well
Are you asking if this will prevent an appeal? If so, the answer's still no.
What happens if landlord accepts money during appeals process?
That likely depends on the whole transaction. Was this part of some agreement?
Phoenix Az? Lease ended, signed a renewal, asked for a promise to pay arrangement to pay the rent but pay utilities and fees later because the utilities vary depending on everyone I. The building usage so you never know what the balance is and it’s due with rent? Sometimes you don’t get a bill, and to also add my newly married wife to my new lease and pay for her fee. When trying to pay rent the landlord refused payment and told that the lease renewal was rejected. I called to see why and no response later I get notice to intent to evict with double what Is paid for rent and utilities. What rights are there for me and now they want to evict me but wouldn’t accept payment?
Well, I can't speak on AZ Eviction procedure, but you might have a fact issue with the lease renewal. It is unclear why they might have offered you a new lease just to reject it. You did mention your wife, so that may be it, but I'm not sure. I recommend that you seek legal counsel from an AZ attorney soon.
Can the justice of the peace judge refuse to sign off on an appeal ?
Not if it was filed properly.
I submitted an appeal I didn’t get money order in on time they closed at 4:45
Yeah, those deadlines are pretty strict. We file everything online in my office, but I remember the days of rushing to the courthouse just to get turned away.
Does an eviction show up on your tenant record while awaiting an appeal? Also is if the eviction is granted how long does it take for the eviction to show up on your tenant record?
Depends. The record exists as a public record, so that can be found, but it's probably too soon for anything to appear on your credit report
I won my eviction case but was being evicted for June the month of June 2023 but the landlord accepted rent for July 2023 and filed for eviction in late July for june .. I went to eviction court yesterday and the case was dismissed what do I do next moving forward also do I owe rent for August ?
If you're living there, you owe rent, unless you have some legal basis not to owe rent.
Just pay it if they mess with you it called landlords harassment.
I fell from the third floor because the sodden stairs collapsed on me I’m siding them they are trying to evict me the fall put me out of work can I appeal
Wooden
@martezabrams807 Your right to appeal depends on the state where you reside, your specific facts, and where you happen to be in the Eviction process.
I have a question… Can the landlord or apartment manager leave your enviction notice faceing inside out your front door? To were everyone in the apartment building can walk by and see your name and information on your door?
Assuming this is in Texas, if a Landlord posts on the outside, she must follow the strict rule stated in Texas Property Code Section 24.005(f-1).
@@LandlordAttorney Arkansas… And he is also trying to charge me $150 for the enviction notice being issue in the first place.. Evendough I have not been served anything from the courts..
My mom is being asked to leave property that was sold after living there for 40 years this is in NC does she have a right under squatters laws if she hasn't paid rent in 20 yrs?
As I'm only licensed in Texas, I will not be able to guide you on NC laws. I would recommend reaching out to the attorney in your area and seek legal advice. Best of luck to you.
I know in Missouri, if there's no lease, the filing is called an unlawful detainer. But landlords know what that is and it looks even worse than an eviction because it means someone LET YOU LIVE THERE RENT FREE AND YOU JUST REFUSED TO LEAVE. Take the 20 years of rent free housing and leave on good terms.
Why would you leave if the rent is free?@@sg8953
This isn’t really relevant, but I owe my landlord 2 months of rent and I didn’t have a job at the time. But now I do and want to pay it. My landlords seem to want to avoid me and keep giving me different emails to message and everytime I do there isn’t a response to set up some kind of payment option. They have now filed for eviction, but I haven’t been there for a month. What can I really do in this situation? I’ll happily pay them. Just can’t understand why they communicate with me.
If you mean to pay them, but they don't communicate with you, you can show up to court with the payment. If you've moved, the judge might dismiss the case.
@@LandlordAttorney oh yeah I no longer live there. I really appreciate your reply. I may just have to do just that.
What are the advertisement of rights after judgement
Not sure what you mean. For the tenant or the landlord?
@LandlordAttorney thank u for your response. My question is directed towards self represented party in a civil claim. What might accompany a minute order prepaid by the court or the other party in lou of the unrepresented party not providing an order form with their pleadings. Like when receiving the first papers from the moving party. In those papers " unlawful detainer " there is what I'm calling " advertisements of rights/ directing the person on what they should do and not doing anything " not answering " what could result. Suggesting to contact a lawyer and a few number are provided. So after a judgment is their some kind of advertisements of how to proceed if u didn't agree with the judgment, etc
Mr Garcia, if I am evicting for nonpayment of rent, & tenant is section 8 who's lease was ended 9/30/22 but she didn't move out. She owes 4 months rent by jan 18 court date. Can tenant appeal without paying rent? I read on jp court website that in order to appeal a nonpayment of rent eviction, the tenant Is Required to pay rent otherwise she can't appeal.
In Texas, the Tenant is generally either required to pay a one-time bond or their monthly rent into the court registry. Essentially, if they appeal in January, they'd pay rent in January. The case would proceed to the higher court, and each month that rent comes due, the Tenant would have to pay into that Court's registry. If they fail to make a payment, the Landlord can seek possession even while the matter awaits trial, but a hearing is sometimes necessary. It's a sort of middle ground, but the procedure isn't perfect.
Hello, what if you lost your eviction case and file for an appeal but during the appeal process you are able to pay the full balance and turn in your keys before the new appeal court date? I am trying to avoid getting a eviction on my record. Will that work
That will work if the landlord is more interested in getting the property back and allows the case to be dismissed, but, if the Landlord seeks a final judgment, you will have an eviction if the landlord wins on appeal.
Hi Ernie, 9/30 So maintenance man walks into my home no knock, no announcing himself and handed me a move out courtesy for non renewal due to The documents deadline No later than 9/30. I have them turned in 7am but when I received the move out courtesy copy on oct 1st I see the enveloped stamped 9/27 and the copy of the move out 9/30. So like am I the only one that sees theres a few things wrong. I would just like to hear your answer in this as far is i believe i know what happen can you put this together so i can compare responses i would really appreciate it.
Is this in Texas?
Well is it in Texas
This may sound funny and dumb, but can an already evicted individual after a year from leaving the property appeal in Court? ( We didn't go to court, he received the eviction letter and 30 days later, he left, but left behind personal property in the garage not attached to the home) It has been more than a year)
An appeal is subject to specific deadlines established by your state. In Texas, there would be no way to appeal any eviction judgment after 45 days.
@@LandlordAttorney but what about his property that he left behind? Can he still sue me, if I get rid of it, if he hasn't come to pick it up? (He moved next door and he could just walk in to get it, no locks, his property is in an open garage space)
@@LandlordAttorney by the way, Thank you so much for your input and advice, I really appreciate you, may God bless you.
If your lease is silent on the matter but the Tenant has clearly abandoned their personal Property after you gave written notice that unless they remove the belongings they would be discarded, the stuff left behind is garbage, and you can discard it. If you gave them a deadline and told them you would discard this Property if they would not claim it by the deadline, you have no obligation to store it.
Thank you for your kind words.
Hey I’m in Texas. . I won the eviction case (tenant / ordered to pay nothing ) Landlord appealed and won’t take current rent or clear arrears balance . What do I have to do ?
The best path for you depends on the specific facts of your case. If the Landlord refuses to take rent, you will need a way to prove the fact that you attempted to pay. Perhaps you have that evidence in writing. That helps, but make sure that you continue to attempt to pay each month while the matter is pending on appeal. Should you need a more thorough review of your case, you can call our office to set up a consultation at 832-305-7694 or click here: lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney thank you !! I have written and they referred me to their attorney
@@jessicagrant9748 🤔
Hi! How did you win? Did you file motion to stay? Maintenance guys in my building collect the rent to be deposited, and so my first 2 were deposited on time, but they came back 4 months later claiming I’m missing 5 months worth of rent. If you have anything, that would be grateful! Thanks
My next-door neighbor's tenant haven't paid a cent for the last 29 month, and the landlord have personally told me how the tenant is costing him 1,000 per month on hydro alone, the tenant prefers to have the stove on in the winter and air conditioner in summer none stop
The rent is 750$ per month
The total amount comes up to plus hydro 21,750$ rent and 29,000 in hydro = 21,750 rent+29,000 hydro = 50,750$ + lawyer/court/ sharifs fee another 2,000$
The total amount sums up to 52,750$ just to get them out so far
The tenant was given October 1st to exit/leave the property premises but the tenant is still in the apartment unit, it's now Sharif's case/matter, and can still take another 3+ months or less
That's absolutely terrible. These are the kinds of people that I cannot sympathize with. They take advantage of the law and the legal process and hard working people who are trying to make a living.
@@LandlordAttorney
And $2g mortgage on top of all that
@@LandlordAttorney
The landlord just told me the rental unit has $20g worth of damages
@@LandlordAttorney
Finally, the 3rd week is up, and Sharif can/will be here tomorrow, they're in a panicky mood
@@moremath3378 I hope you can recover your property ASAP.
how can I do eviction with a business / company rented from me. not individual?
Is this a commercial or a residential lease? If commercial and in Texas, you probably have a lockout right.
@@LandlordAttorney Residential in NC. anything I need to add to my next contract to protect me?
I have a question as a tenant. I am currently waiting for an appeal I filed immediately after my court date and also paid my balance which my landlord accepted. If I move from his property while my appeal is pending would it show an eviction ?
Whether your case will proceed on appeal is based on a number of facts. First, if your case is in Texas, some landlords no longer care about the case once they have possession. Here is the landlord allows the case to dismiss once on appeal, the original eviction judgment is dismissed with it. However, in most cases, if a landlord proceeds to secure a judgment at the County Court on appeal, then that judgment will likely be a final judgment which can appear on a tenant's rental history.
What happens when it’s appealed? Stays in limbo forever? Or does it get resolved soon after?
In Texas, an eviction that's appealed from the JP to the County Court is usually set for trial within 30 to 60 days.
@@LandlordAttorneydoes the person still get to stay in your property while it’s in an appeal status? What if they are continuously damaging your property and being a nuisance during this time? Commercial tenant
Lol these people were hear to see how they can keep living and not pay rent!
That’s not true ..they have to pay rent while appealing
Or avoid the corruption of a landlord who has stolen, misused, and threatened a tenant
@@jillybeanfortnite Technically, that's true but remember that you live in a scary country where most judges are tenants'advocates. They don't follow the law.
I was in court for two years trying to remove a non paying tenant. The tenant didn't pay 5 months out of 7 months going through this. My lawyer never checked if rent was deposited in escrow.
He brought it to the court. You know what? The court did nothing. This case lasted two years and I got tired of going to court. I just sold the house.
@Ernie Garcia, Landlord Attorney
You should pin a comment regarding what specific state appeal rights you are speaking about. It will help tenants as well.
Thanks for the tip
ALL 50 STATES
@@LandlordAttorneymy question for you,if a landlord doesn't show up for a trial date is the eviction automatically dismissed? An if so,how long after this does a tenant remain on "stay of bond"?
@thecheck4879 The answer to your question varies depending on the state and the facts of the case. In Texas, a no-show landlord means that the eviction is dismissed. However, if you're in a state that allows a Defendant to have affirmative claims in response to an eviction, then the landlord might lose by default on those claims.
@@LandlordAttorney thanks for your response.
I owe over 3k in rent, and my 30-day deliquent vacate notice expires in a week... i lost my job which is why i dont have the rent... just recently got a new one though... do i have a chance in court ?? Or best to leave so it doesnt go on my record as eviction?
It sounds like you intend to pay what you owe. Try reaching out to your landlord to see if something can be worked out in writing. If not, you may need to appeal in order to buy yourself some time.
@LandlordAttorney Yes I would definitely like to pay what I owe, however I am very behind. They already said that there is no payment plans available... so I just wait for the court hearing notice on my door after the 30-day vacate notice expires? And then if i lose the case (which I can also claim medical hardship) , then i appeal? Pardon my ignorance, im just not too familiar with this process. Thanks so much for your help!!!
@@PedroPeyolo I'm in Texas, but if you're in a different state, you'll want to discuss your case with an attorney familiar with eviction procedure in your area.
@@LandlordAttorney ok thanks so much!!
I wish you would/could tell me, a single landlord up against 3 hostile familial tenants, the next series of steps that I must take to respond to their concerted eviction appeal and fraudulent Mechanics Lien.
Are you in Texas? We help landlords all over this great state.
My property and three rogue and hostile tenants (my 2 half brothers & their mother) are in Illinois. Help!
@TW-uj6tn I see. Unfortunately, I'd be unable to advise you on Illinois law. You'll want to reach out to a Landlord/Tenant attorney licensed in your state.
If anybody can please offer their knowledge. In the middle of electrical repairs, we were given notice to move. I have a landlord that throughout this litigation process has continuously lied. I do have proof. However, we were advised by his attorney that it would be in our best interest to settle amongst ourselves and which we did. Unbeknownst to us, it would still be an eviction. I am very saddened by this, as we gave our landlord double deposit, $5K. Even though we signed, can I appeal?
Not sure? Are you in Texas? When was your judgment signed? Were you in the Justice Court or the County Court?
@@LandlordAttorney Thank you for your prompt response. We went to court and signed on the 17th. They said they would email us a copy of it that day, but we never received it. Today we received a notice on our door for an eviction. I’m so confused because she never mentioned this.
@@virginiacazares9883 I'm still not sure if you are subject to Texas law or not. If so, it sounds like you might be beyond your ability to appeal. It also sounds like you may have been served with a Writ of Possession, which I urge you to read carefully. In Texas, the Constables can return within 24 hours of delivery of this Writ and remove you and your property by force. Here is a video on the topic: th-cam.com/video/5Pxn8-73QS4/w-d-xo.html
How do I appeal an eviction?
Depends on your jurisdiction. Are you in Texas? If so, when and where was the Eviction trial held?
@@LandlordAttorney Yes. I am in Texas. Montgomery County. The court date is next week on Wednesday at 9am.
@Martin White well, you might benefit from a case review. You might have a valid defense. A win is always better than an appeal, but we can also guide you through the appeal process. You might benefit from a 30-minute consultation. To set this up, feel free to call our office at 832-305-7694 or click here to book your own appointment online: lawofficeoferniegarcia.as.me/schedule.php
A consultation is $199 if you are in interested.
I just went to court today and they ruled in the property favor and I have no parents to help I don’t know what To do
@stevejones7431 you probably need to get legal advice or legal representation quickly. If the documents and filings are properly reviewed, a procedural defense may be available to you. However, even without a strong defense, an attorney might be able to work out a settlement on your behalf.
We weren't behind on rent. Our landlord lied against us in court and said that we blocked access to the property. Thank God I took pictures and showed that she lied. Isn't that perjury? She put her hand on the Bible and vowed to tell the truth and then lied.
Without being there, it's impossible for me to say whether she committed actual perjury. However, I've seen people lie under oath for years, and I've never once seen a perjury charge cone from it.
Do I have a chance at anything else or am I done?
Try contacting the court first thing tomorrow. It's possible that you might be able to do it then. Your other option would be to try to reach the Landlord to work out some kind of settlement directly with them.
He’s not my landlord he never was this house was left to my husband well we were never married but we were going to get married even though everyone thought we were not even two weeks after my husband past away he was kicking me out it’s a long story it just hurts my heart that my husband and I both worked hard on this home it was red tagged and we fixed it my husband called his brother in his dying hours and told him what his wish was and his brother will not honor his brothers wish and some how managed to put the house under his name. The only one that knows fax that would be able to help me if you could help me would be his PO because he knew our situation from the very beginning he knew we were working on the house he knew the house was left my husband. I just feel so overwhelmed, and the worst part is that legal aid services cannot help me due to a conflict of interest which I found out I did before my first Court.
I lost my appeal never got the chance to even show the courts that I was not served eviction notice according to Texas State law I was unable to get $$ after all I’m so devastated the fact that it took us one year to fix house before we could move in it I have before and after pictures I’ve just excepted that for now he has won and I told I have 24 hours to move out. At this point a big part of me just wants to walk away and just let them keep everything in the home just take my clothes…all I want is a peace of mind. Lost my husband and mom I. Same week so painful I can’t even describe my pain.
@@juliagarcia1214 I'm sorry to hear all of this. I do wish you the best of luck in the future.
@@juliagarcia1214so sorry for your losses love I also lost my husband in a car accident that I witnessed. That's just horrible he did that to you! My husband/kids dad's family screwed me over also on land that was handed down to him and his siblings so once my husband passed the siblings decided to sell I was conned into basically signing my rights to b in charge of my husband's (now our kids) over to him -HUGE MISTAKE - LOng story short he didn't mention his brother and I had kids (so he lied but also my fault bc I was rushed w everything so didn't read whole thing til after and notary lady didn't say a word to us when we there anyway I ended up with 10,000 the siblings each got &30,000!!!! I found that out after I got my pay n was IRATE!!!!!!🤬
Seems like a case i know... Lol
How can I beat that ?
Explain, please. Beat what?
@@LandlordAttorney what can I do to make sure i win my case. Im in Texas and my tenant doesn't want to leave even Though the lease is done in November and I choose not to renew
@@leewestep92, make sure to send a Notice of Termination of Lease and/or a Notice of Non-renewal in accordance with your lease. If the Tenant is there on December 1st, send a Notice to Vacate in accordance with your lease and state law. If the tenant owes rent make sure to include rent in your Eviction Petition along with Holdover. If you need legal assistance, feel free to contact us to book a consultation at 832-305-7694 or click here to schedule an appointment online: lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney thank you so much. If this tenant has straight out told me he can't pay hes last month . can I give him a notice to vacant (3days) in November the 1st or not?
@@LandlordAttorney when do I present the notice of non renewal now or on November 1st
X
YZ
hey i’m getting evicted by my mom because my girlfriend was if she doesn’t like her she never did anything to just doesn’t like her we got in to argument last 3 days she’s trying evict say i bribe lease agreement no guest can stay over 14 days which i didn’t know about it says my mom is landlord she’s not it’s my auntie house it says i’m the tenant which i’m not i live with my mom there saying i broke stuff in the house which i did but it was for something else’s year ago there trying pull on me and say i did threats in the argument my mom said thing about me like imma get somebody to shoot you in your chest what can i do BTW ON MY GIRLFRIEND account
also lease was signed 3 years ago
Is this in Texas?
@@LandlordAttorneyiS tHiS iN tExAS
@@dakotaperalta1302 I speak from a Texas perspective.
What if a landlord evicts a tenant illegally?
If the Tenant believes that the eviction is illigal, she should appeal ASAP
How do you appeal??@@LandlordAttorney
Wtf…..😮
Oh I thought you were a tenant attorney. Why are you on the side of those landlords?
Why not? Actually, while most of my clients are Landlords, I do still represent some tenants.
Why shouldn’t he be?some are on the sides of tenants
Hes a lawer why on earth would you think he cares about right or wrong? He wants money!!!! This is Easily the dumbest comment posted today.
Cause landlords are the ones that always get screwed. That’s why.
@@LandlordAttorneylandlords seem like they're hsing you to get what they want out of tenant even if it's just fallacy. And you get what you want by using them. Some of these cases are completely unjust and working against the side of justice at any point is a very grave vandom. You are not here for any intrinsic purpose anymore. You are here to entropy then look at life then wonder where oh where has all the light gone. Look at yourself. You look like you're in a costume trying to be anything but yourself.
Can someone be evicted if they lost their job due to severe mental health issues?
You will need to review your lease to see if mental health is a valid basis for keeping a tenant at the property despite of non-payment. Generally speaking, it is not. Generally you are on the hook for rent. If you are trying to rearrange your payments due to your physical situation, consider doing that in writing.
Tenants have no rights because they are poor, the law protects the ones who can afford it, that's why this country is going down.
"Tenants have no rights"? That's just objectively false. Do most tenants know how to enforce those rights? Well, that's a whole other thing.
How do I appeal an eviction
Depends on your State's procedure? Are you in Texas?
How do I appeal and eviction in Florida