All you need to WIN an Eviction case
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- เผยแพร่เมื่อ 13 ต.ค. 2024
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There's no need to tell an epic story. For a Landlord to win in an Eviction case, you need to stick to the legally operative facts. There's no need to share every possible detail about your tenants and just how many time you "gave them another chance" or how many times they said, "I'm definitely going to pay the rent on Friday." If you know precisely what the court needs to know to grant your eviction judgment, you're likelier to get the result you want.
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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
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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. "
Even though I live in California, I do not miss your videos. Why? Your videos are very educational, revelant and packed with useful information. Just like the info you presented in this video about the 10 day notice that includes court and attorney's fees language. Would have never known this type of notice maybe a possibility for me to use here in California, with some research, of course. Always look forward to your videos. Thank you.
Thanks for that. I'm so glad you find these useful. Just for that, I'll keep posting new videos every week!
@@LandlordAttorney I truly appreciate your response. Thank you
I found today's video helpful. Thank you
I'm glad to hear that!
I am having to deal with learning how to do an eviction for the first time. I don't live in TX (I live in FL), but all of the points you made in this video make perfect sense no matter what state you are in. Thank you for your advice, and helping people in this way. I'm going to watch some of your other videos and see if I can find some other bits of wisdom, because to say I'm feeling overwhelmed would be an understatement.
Well, I appreciate your kind words. I know that much of this advice is applicable across the board, but as a precaution, I like to mention that what I say is specifically tailored to Texas Courts.
Keep learning the business. You will be better for it. Best of luck to you in Florida!
@@LandlordAttorney I appreciate you making sure I know everything you are talking about is specifically for Texas, and I know that, and am taking that into consideration.
The advice I really thought was helpful was your points about how to bring your case to court, like not bringing up any personal points about the tenant, things like that.
Again, Thank you so much, your time is appreciated.
Hi, I’m Barry, a landlord as well and I felt the frustration of doing my 1st eviction so I didn’t do it, I hired a lawyer to do it! Ultimately, the tenant will pay for the cost of the. lawyer! Be sure to hire a lawyer who specializes in rental property for landlords! Good luck!
Going through this right now smh
I think asking you to pay within 7 days is ridiculous! Especially when people are paid every two weeks then add $75 day late charge and $ 5 dollars more a day till paid. Not to mention paying exorbitant extra charges water/ sewage/ trash some other community cut when no pool or even much grass to mow . Get real!
Earnie, your information is very clear and useful. Thank you.
I'm glad you think so, and you're very welcome.
If you don't pay your mortgage, you got kicked out by your lender. I don't understand why tenant can stay without paying
Question: I am buying home and property that has a tenant that has been in the home for 3 years and refused to pay rent to the previous landlord, therefore he has stopped paying the property tax on it and I will be paying this off and taking the property, this man is very ill, blind and disabled and she took advantage of the situation..what can I do? This is in Texas. I know there is a loophole somewhere in this equation to get her out easily, quickly and effectively
One really fast way is to offer the tenant cash for keys. If that doesn't sound good, you should terminate the prior lease with a 30-day Notice and advise the Tenant of a new, significantly higher level of rent. This generally affects a bad Tenant's ability to appeal as easily.
You might benefit from a 30-minute consultation. The fee is $199. 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
$200 for 30 minutes? 😳 wow
Do to my health....my family did a intervention...my sister had me in Texas within a month. May I say I'm 75 percent healed.....I know my younger sister wanted me here....now for sure we can't pay the rent....and i feel so bad cause I can't work anymore...I get $944.00 a month. This month we got served papers....were not couch surfers. We need help with rent. ???
11:29
I'm sorry this has happended to you. I suggest that you contact the Justice Court in your area for information on assistance for housing available for someone in your physical and economic condition. Best of luck to you.
Dear Ernie,
I see why you probably win most of your cases! Thanks for being so clear and pragmatic!
I have a fear of going to court since I’m not a lawyer so why not just hire a lawyer, especially since all costs incurred in enforcing my lease is to be paid by the tenant! Done!
I like hiring a pro like you to give me the best chances of winning! Also, the threat of using a lawyer may produce the results you want as well!
Thanks again Ernie, I wished you were in Tennessee, I’d hire you in a heartbeat!
Thanks again for sharing your vast knowledge!
Your friend,
Barry
Barry, you are very kind. I get lots of messages from all over, and I wish I could help everyone who views our content, but it's great to see that there's some benefit for Landlords everywhere, so I'll keep posting!
In TX, please cover the month to month lease and the "Unconditional Notice to Quit". So, for example, if the landlord wanted to move back in to the property, and the lease was month to month, the landlord can issue a 30 day notice to vacate, without cause. This means that no violation of the lease has occurred, and the landlord simply wishes to take possession of the property. This would be the same for a live in room mate where the landlord lived on the premises, and the roommate refuses to leave. Correct me if I'm wrong...
In Texas, a month-to-month tenancy can be terminated with a 30-day Notice of Termination. No cause is required.
in case of non payment of rent or not providing renters insurance as required by lease agreement, can landlord send a 3 day notice to vacate?@@LandlordAttorney
This video is very helpful for what landlord need to provide for the eviction court case. Thank you so much. I very appreciate for sharing the info 🙏
You're welcome. I'm glad you got something out of this.
Thanks! I didn't realize the 10 day notice was required to ask for attorney's fees. But I guess the attorney would know that. :)
This is a rule in Texas if the lease does not otherwise grant attorney fees in an Eviction.
Hi Ernie, I would like to ask a question. I Just moved in the apartment October 2023. That rent was paid. And November was paid. November 22 I had emergency surgery and I was not able to be home for almost 2 months. I also was out of work during that entire time and it was signed off from a doctor. December 2023 and Jan 2024 was not paid due to being out of work. When I got home the first week of January there was an eviction letter on my door and the response time had passed.
P.S. I was in contact with the apartment complex office since December 4 telling them about my situation and no one responded to me until December 22 . She said everyone else left and no longer works there and that she was out on PTO. What can I do?
Generally apeaking, in Texas, anyway, health issues or work stoppages are not defenses to nonpayment of rent. I can't tell if your eviction trial has passed or if you still have an appeal option. With enough time, you might be able to move or to secure funds to pay what's owed. Best of luck.
@@LandlordAttorney Thank you.
@@therealdiamondnoelle No problem.
If all tenants are given a notice of eviction stating "Change of Use" as the reason, contact a tenant attorney before vacating the units. This reason is often used when building owners want to increase the rent more than allowed by CA Rent Control. An attorney will check to verify that the owner has submitted required paperwork with local government offices for the Change in Use of the building.
This applies in states where leases cannot be terminated without cause. Many states require no showing of cause to lawfully terminate a lease.
I'm a tenant. My landlord never had a certificate of occupancy and no business license. I've lived here three years. Rent is paid on time. I've been given an eviction notice unlawful detainer. I receive section 8. Landlord has breached the contract. Landlord is collecting government money with intent of not telling the government they have an illegal building. I've been unable to use my reasonable accommodations. Code enforcement is unable to assess because it's not legal
This sounds like a matter you should review with your contact at the housing department. If you are in a state other than Texas, I can't give you guidance on specific eviction procedures in your state, so you may also want to seek legal counsel in your state.
Section 8 verifies most of the things that you say are wrong here before they’ll even approve renting at a property. So there’s some issues with what you’re saying.
Can you refer a good landlord attorney in Los Angeles?
Yes, we do know goog Landlord attorney in California: The Kian Law Group, Inc. (949) 424-8206 g.co/kgs/Jtj27GX
Hello,
So i own my condo. Ive been dealing with this nuisance neigbbor across from me who lovessss to blast his music through my walls(also the neighbor above him owns and im close with her), he rents from whoever owns that unit now..i called management company and she said "she would write a email to the owner",but i wont hold my breath...i told her any owner is responsible for their tenant and their behavior. I mentioned it to HOA board member and he said just keep calling the police so they will have a record, i did just that today and he said call back if needed..but my question is,if he continues on,could he be evicted for disturbing the peace?😒
The renter still has to comply with the Property rules. Every Rental has their own rules and conditions that are bound for people residing there. You can refer to those rules. As a resident, they will have to make sure to comply with the Lease and with the Rules. If they are being unreasonable, you can reach out to the Landlord in writing to complain. The Landlord can initiate the eviction if her Lease describes this as a sufficient basis for eviction.
House joint resolution 192-public lost 73 to 10 states that the government is supposed to pay for all of our utilities and rents. It was approved June 5th 1933 31 USCA 462 and 463
And also it's under house joint resolution 192 73rd Congress session 1 chapter 48 on June 5th 1933 under public law number 10
Mr Garcia my tenant was 4 months behind and the water bill was unpaid for the amount of 408.00. He is gone left a nasty mess. He also left behind the mobile home a 16x32 ft unfinished mini home. What would be my best options?
That depends on your local jurisdiction. Is this property in Texas?
Hello
If a tenant owns around $10,000 back from Covid 19 rent can the Landlord give the tenant a payment plan or can they serve the tenant with 3 days notice and charge the tenant with the $10,000 at once?
Ty
You can create payment plan in which you agree not to sue so long as the tenant remains current. However, what will you do if he simply disappears? Consult an attorney before moving forward with a payment plan. If this case is in Texas, feel free to reach out lawofficeoferniegarcia.as.me/schedule.php
Ernie, my tenant has filed an "affidavit of truth" the day before their Writ was supposed to be carried out and now, it has been 10 days and I have not filed a response yet. What should I do?
Are you asking about an Affidafit of Inability to Pay? Is this in Texas?
Fantastic advice thank you sir, very helpful indeed
I'm glad you think so.
What should one do when the landlord game a notice a week before to leave the house and she is trying to harass us by entering my room when am off to work
Depends. Do you have a written lease that allows the landlord to inspect the rental unit? If so, that is likely not a lease violation on the Landlord's part.
@@LandlordAttorney no and she is notifying an eviction a week before house fee is that also right or I just have to leave
@@_Eunice_139 this depends on the rules of your jurisdiction. Is this rental unit in Texas? If so, you might benefit from a 30-minute consultation. The fee is $199. 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
My father passed away. While he was alive he allowed a girlfriend and her friend / boyfriend to live there in the house with him. After he passed away I as his next of kin and legal representative / executor of his estate and going through probate , having the legal documents signed by the judge was left to have to evict them In order to secure the property and because I’d be liable should anything happen to his things and the property. They told the judge at a hearing after I tried to just have them ejected that they had a verbal agreement with my dad so I had to serve them a 30 day notice to vacate and now turn in a rule to vacate form in order to vacate them . I’ve followed the law of corse by stating that there tenancy has ended and that I do not wish to be a landlord of this property. My question is can they fight me on this or us this an eviction that the judge should automatically rule in my favor the plaintiff ?
Sorry to hear that. In Texas, after that notice is properly delivered, you can then send a 3-day Notice to Vacate if the occupants remain on the premises beyond the 30-day limit in the Termination Notice. Thereafter you can sue for eviction. They can fight it because they may claim that they are currently there legally because they entered with permission because of the permission they received from your father. If this is in Texas, It will likely benefit you to set a consultation so that the case can be discussed with the attorney. If you are interested, here's a link to book an appointment lawofficeoferniegarcia.as.me/schedule.php
Hello, i have three individual tenants , with separate leases. Do they need separate bank deposit accounts when paying the rent? Good video from Sacramento
Thanks. As I am only licensed to practice law in the State of Texas, I am unfamiliar with this particular procedure in your state, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your situation with them. Best of luck to you!
I had an eviction court date and at the court hearing the tenant begged us to give her a week to pay the total amount due. We said ok (dumb) and the court date was reset for the next week. She was to pay by 11/14 and if she didn't pay we were due back in court on 11/16. The tenant deposited a check (not the full amount) into my account on 11/14 after I said I would only take a cashiers check. The check was NSF ( shocker). So we showed up to the court on the reset date of 11/16 and was told that the tenant showed up to court the day before and it was dismissed. We have no idea how this happened. Now we have to start the process over again. I am not mistaken about the date of the reset. How could this have happened???
You may have time to file a Motion to reinstate. If you are in a Texas Court, feel free to call us for assistance at 832-305-7694 or email us at info@attorneyeg.com
I will check into that. What if I have already sent her a new notice to vacate?@@LandlordAttorney
Can you please tell me is the landlord gave me a 5-day notice and the 14-day notice in the Salvation army paid the landlord in full of what I owed her and then I didn't pay the rent again cuz I couldn't afford it don't you have to give me another eviction notice before she takes me to court
That depends on what has been written in that notice. Is this case in Texas?
I'm dealing with this right now. The tenant's personality is irrelevant when it comes down to the real issue. They signed a contract/lease but now refuse to pay any rent. The tenant can whine and complain and make excuses all they want, but it makes no difference. They signed a contract and they need to live up to it. They have a lease, but they have breached the lease due to non-payment. They have been given notice twice and have ignored it both times. Eviction and damage are apparently two different things. You evict, and then you can pursue for damages/fees/etc. later. Sadly, the courts these days are only interested in the tenant's rights, and screw the landlord. My tenant is pretty much trashing the place just to get back at me for asking them to pay rent. It has been months, and the courts are still just sitting on it.
That's unfortunate. I know that here in Texas, most evictions go for about 30 to 45 days. Some can extend longer than that, especially if there's an appeal, but most wrap up pretty quickly relative to other kinds of lawsuits.
@@LandlordAttorney The first hearing was a joke. The tenant showed up in court without a lawyer instead of using the virtual link that had been sent by the court. He then asked for a "payment plan" which I declined because he has given me 2 bad checks and also has played this game twice with no payments received. The judge pushed it forward 45 days for him to get a lawyer. Now it will be January, at best, before I get this tenant out, if that. I am running out of money to pay the lawyer and insurance/taxes will be due before I can get this property to produce any income. I am so upset with the legal system that it makes me wonder how anyone manages to get any justice.
@@visionsofparadise578 Sometimes we work out deals in writing that we file with the court. These include provisions for nonpayment that carry a signed written agreed judgment. If a tenant agrees to pay and fails, we get to file the judgment and request a writ of possession thereafter. Courts see that we are cooperating and the tenant has a consequence for failing to comply. These tend to work for us in Texas Courts.
@@visionsofparadise578 I'm sorry you are going thru this, same thing my husband and I are going thru. You are so right the court system seems interested only in the squatter's well being. We have not been paid rent since August 2023 it is now February 2024. He told my husband his (rent paying) wife had left him & he was going to be late paying August rent, mid August said he was over the road driving.... September said his employer had messed up on his check twice & would catch up rent mid September? October he said he was diagnosed with cancer! Although we are compassionate people he is simply not our responsibility. His excuses go on and on! Finally we looked online for the precinct court for our zip code. We filed in November, court date was Dec 7th, we left the house an hour early only to have upper & lower level freeways closed due to an 18 wheeler & 4 car pileup, we arrived 7 minutes late & case dismissed! Paid another $164 to go back to court January 9,th. We arrive only to be told case dismissed as we filed wrong Precinct court, we spoke with a supervisor said not refundalbe, I said zip code states it's this court per your own website! Filed & paid again Jan 9th for a court date Feb 7th, the tenant showed up & said he was in agreement he owed rent. Judge filed a ruling against him for $10,500 unpaid rent but gave him 5 days for an appeal? Really.... an appeal for what? Those 5 days mean a lot to us as we also have not been able to make any $$ for taxes & insurance payments yet he gets another 5 day free room & board! No telling if he will appeal or not, also the lease terminated end of November. So absolutely the court system works only for tenants, landlords are screwed. Also, the loser tenant walks out the court room with no shame & there's free placement & food stamp programs we don't qualify for are for THEM only (using our taxes) Good luck to you, wish you well...If we don't petition to our congressman, nothing will change. *I wanted to add a note to future landlords about filing evictions... do not wait, don't allow their excuses and give the proper notice & you should not lose as much $$ as we have.
@@LandlordAttorneywow so in Texas it’s good. In New York landlord are very much suffering.
If I made eviction notices and it wasn't correct can I send another one and fix it or I have to wait to court dismiss it and start again?
A tenant I put the mother name but not her daughter both was one the lease now court coming for second time will the court accept it or need to re evict ?
I bought a house from Tax foreclosure ( Wayne county for Detroit ) and receive the title now the Old Owner came to sue me to get the house back and the city for selling house and ask for attorney fees. Do they have the rights to do that and ask for attorney fees?
Thanks for educating everyone
If this matter is subject to Michigan law, you would need to ask a lawyer licensed in your state and familiar with landlord/tenant law.
So what rights do tenants have against slumblords? Because our home was deemed unlivable by FEMA in September, I gave ample notice to allow repairs, November FEMA & Red Cross got us out of the house due to it made my husband sick with pneumonia twice he was hospitalized. No repairs have been done to fix the place, since November I have held on to rent, but FEMA & Red Cross both say why should I pay rent for a place that's uninhabitable.
I don't know enough about your case or where you are. In Texas, if a property is deemed uninhabitable after a casualty event, either party can simply terminate the lease with written notice.
What if you are not the one thar violated the lease, but some one in the house hold did. Why should the one that didn't do it gets punished.
I have a question my tenant who has not paid the rent for her portion of session 8, but she continues to go to Board Of Health without telling the landlord what to fix but I found out Board Of Health said they can come to them even they don’t notify where to the landlord is that true? I live in Massachusetts. You see if I’m renting a place if something needed to fix, we called a landlord is that the way it goes going to the port of hell without going to the landlord?
Unfortunately, as all attorneys in our Law Firm are only licensed in Texas, we will not be able to guide you through Massachusetts eviction laws. I'd recommend reaching out to a Lanldord/Tenant attorney in your area and seek their advice. Best of luck to you.
What if you served a 3 day pay or quit notice they did not pay then they paid a part of it and then we negotiated and signed an agreement to vacate and a repayment plan to pay back the amount due prior to move out and they missed all the payments. The agreement to vacate date was extended until the 31st of this month only if they paid according and they have not.
The answer is going to depend heavily on that signed agreement and what it had to say about missed payments and your ability to sue for Eviction. My guess is that you will likely need to issue a new notice, but without knowing the full terms of your agreement, it could potentially go in another direction
Landlord wants me out just because he wants to now illegaly rent out the attic .... nobody walking thru my apartment and or sharing my bathroom and kitchen.....us tenants do deserve these rights
I'm a senior live in same apt over 62 years .no lease .He's evicting me over 16 days rent late. I sent rent and he's not taking it. I'm quiet I don't bother noone .He rent to drug people , and he has me harrassed .Allows his tenant friend to steal my electric .
He took my washing machine put it wedged between two walls .He took my wardrobe doors threw them away. My rent was paid .
He set me up I'm disabled homebound .He had a man approached by email saying he pay lawyer for me . Turned out he lied and I had noone in court to defend me .nor to health issues I can't attend court either. Was told legal services don't represent homebound people .
@yvonne8493 If you have no written lease, then your tenancy can end, even when rent is paid with a 30-day Notice of Termination. In this case, many states allow the landlord to reject late payment in certain circumstances, but I don't know where you reside. As for a defense, you can submit a written answer to the court with the facts you have mentioned above and request legal aid services. Different states allow these services in certain situations. You likely also have an appeal right to extend the process while you seek legal counsel. In any case, I strongly encourage you to seek an attorney in your local area ASAP.
My husband died last week and is this over I won in a trial case and it was before we met the contract existed and he was in hospice 2 years no estate will this go away
No clue what your asking but. If your married and owe nothing. Do the probate your self. This will give all creditors the chance to get paid. They will likely not come after you. They can't come after you for medical bills after the probate has been settled. Seek a good lawyer for a consultation and do it your self if you can
I lived in a Hud Subsidy Cooperative for 16 years.
The Property Manager added
a benefit claim number to my annual recertification. I don't have a household member. I am single and live alone. She terminated my subsidy assistant payment because I refused to signature HUD documents that are for me and another SSN added to it. I am being charged a market value of 666.00 per month. I learned who owns the SSN. The property manager refused to correct the error after being notified by the owner. I am in court for nonpayment of rent. I have paid for a jury trial. I refused to pay based on her word of mouth. I ask for documents provided the amount I'm obligated to pay. Her attorney asked for more time. It is 2 months. I have to hire a paid attorney to represent me for trial.
I am sorry you have to go through this. Hang in there.
What happens when the landlord breaches agreement? And he refuses rent then gives notice to vacate.
Depends when that breach occurred. If the Landlord had proper cause for the Eviction, the landlord's breach may be irrelevant. If the tenant never breached, then the tenant has a good defense.
@@LandlordAttorney thank you for your comment. We remodeled the entire home for reduced rent. I had a tree cut down after multiple attempts to have him do it. Now he is in retaliation
@scottsprowl7484 was that remodeling deal in writing or ever acknowledged in writing by the Landlord?
@@LandlordAttorney no we made a verbal agreement Jan 2019
I have many pictures
Im a co owner by inheritance from my mother and currently living in the house here in Texas and a executor, of the estate is trying to evict me and taking me to court he claims reason for eviction is hold over but there’s no lease & he claimed trespassing and you mention deliver notice he said to move out on the 3rd of June but it showed up on June 11th so will I win by trial by jury ? Can afford attorney and wanna live here until sold any advice ?
@@tigercobra3000 First, I'd need to know if this is in Texas to offer legal advice, as I'm only licensed to practice law in Texas.
Second, if there is an executor in place, it sounds like maybe you are in the process of an inheritance and that you do not technically hold title at the moment. If that's true, this fact changes things, especially if the executor is acting under the authority of a probate court.
Third, you are correct that notice must be proper. However, I would need to know more facts to see if a genuine notice defect exists here.
@@LandlordAttorney yes this is Texas and I was the executor of the estate the will was probated but the other half of the co-owners who is the other executor went to court and applied to get my executor of the state taken away and they made a court appointed lawyer the new executor and they’re trying to sell the property less than what it’s worth clearly it seems like they’re trying to rob me , and telling me they are gonna sue me for rent, he filed eviction papers saying I trespass & the lease is over, theres no lease, & I moved into the house months before the court took away my executor, so I can take care of it since it since it was vacant & they are trying to value the house and land 1/4 of what it’s worth and say they can’t sell it cause im living here but , its to be zoned commercial and I was in the process of doing that but they went to the court and wouldn’t even talk about selling it and there trying to sell it residential and cheat me.
My situation, I’m being evicted. But I had several organizations to help with my rent. My landlord has not applied 50%of the donated money to my account. I have asked in writing to see the ledger they have ignored my request. Also other agencies have tried to pay my rent and they have turned them away and refuse to cooperate. What’s the best thing to do. Btw I’m in Texas
We may need to review your Lease and the proof of payments to better assist you. If you are interested in a consultation, it can be booked here lawofficeoferniegarcia.as.me/schedule.php
Help,so my grandfather has a brother who's wife passed away one night,so he told my Grandfather(his brother)he didn't want to be there no more he wanted to sell him the house,so me and my grandfather moved in immediately after having a verbal(oral)agreement on house,bought a trailer for me while grandpa and his brother lived in front mobile home we always made our payments never missed, 3 yrs later he still didn't move out,he started complaining about everything dogs,more money,we said we will after getting a letter stating were buying the house from him,he said no cuz he changed his mind in selling us the house,so we stayed another 6 mths paying "rent" when he hit us with eviction note but only put my grandfather not me,now he has court in a week,do you think we can get money back from what we gave him on "buying" house.or can we ask for at least 3 mths no rent to move out??
Is this case in Texas? If so, you may have to review your agreement. Does it say that the rent being paid as an installment of the price of the house? If you don't have a written agreement, it will be hard to prove this in court.
@@LandlordAttorney yes Texas we had a verbal agreement not much of evidence because he never wanted to give us any type of evidence that we were paying him house payments he was real sneaky about everything he kept saying he would give us a notarized paper stating we were buying the house days past months passed years passed and nothing
My landlord say ididnt pay rent in 1yr..but ihave proof. I found 3 rent receipts of that year..
If you are being evicted, show up at Trial and prove the Landlord wrong
I live in Tucson Az and I rent a studio with a balcony and I got a 48hr notice / request to clear out my balcony. I have a rake , shovel hedge trimmer and a wagon. Can he do that.
Unfortunately, as all attorneys in our Law Firm are only licensed in Texas, we will not be able to guide you through AZ eviction laws. We'd recommend reaching out to a Landlord/Tenant attorney in your area and seek their advice. Best of luck to you.
How about a tenant who is in a unit not under rent control but insist to pay only rent control rent increase. My expenses are gone way up due to high mortgage and property taxes
If there is no rent control, and if you can increase the rent, if the tenant refuses, they can leave or be evicted.
@@LandlordAttorney
Thanks for your response.
They are refusing to above rent control increase, even though I have given enough information to point out that unit does not fall under rent control
i have the land grant raised seal from town that i also got evicted from , new jersey , can or would you help me?
Unfortunately, as all Attorneys in our Law firm are only licensed in Texas, I will not be able to guide you through New Jersey eviction laws. I'd recommend reaching out to a Landlord/Tenant attorney in your area and seek their advice. Best of luck to you.
Mr. Garcia I have a written agreement with the tenant on the amount of rent I I upped the rent because the lots rent went up tenant and I verbally agreed I have receipts that that’s what they’ve been paying since. My question is when we go to trial and the judge ask the amount of rent due can I give the amount that was verbally agreed or should I just state what’s on the written contract I’m not sure if it will hurt me or not.
Do you have anything in writing that proves the tenant was notified of the rent increase or agreed to it? If not, do you have a Ledger of payments or a receipt book to prove that the tenant agreed to pay the new amount?
@@LandlordAttorney yes sir I do have all the receipts .
@@luciramos8526 take those with you to the trial.
Any advice on our new owners who are doing a renovation of the entire apartment via "condemning to tear down", basically they are saying they have to condemn the entire building because of 2 suites that have electrical and a leaky pipe issue, and they are saying the roof needs to be replaced, even though it is only a few spots.
Thx
Are they terminating the Lease with you because of the renovation?
@@LandlordAttorney yup, the whole apartment, btw i live in Victoria BC Canada 🇨🇦
Unfortunately, as all attorneys in our Law firm are only licensed in Texas, we will not be able to guide you through Canada eviction laws. We'd recommend reaching out to a Landlord/Tenant attorney in your area and seek their advice. Best of luck to you.
@@LandlordAttorney you could've gave an opinion that is not in anyway legal or liable
Need help please, im the tenet of a mobil home, have been here for almost 15 years without a single hicup, then out of nowhere i get a notice to remove all belongings from front of property, to wich i comply, come to find out the insurance was dropped because of to much stuff on property, so after many dump runs and alot of raking it is bare, only items are two qauds and a classic mustang im tryn to restore, thats it, so how should i go about proving iv done everything i could and that i belive the insurance company is bulling the owner or something
If this is in Texas, you should follow your Lease and proceed accordingly. If the Lease does not allow you to store these items on the property, please do so. Otherwise, the Landlord can issue a Notice to Vacate based on Lease violation.
Somebody is damaging my property I can't put that and damages? Or I think I have to file it separately right and small things court?
Is your property in Texas?
@@LandlordAttorney I'm in Massachusetts but they still say I have to take that separate to the district court.
Unfortunately, as all attorneys in our Law Firm are only licensed in Texas, we will not be able to guide you through Massachusetts eviction laws. I'd recommend reaching out to a Landlord/Tenant attorney in your area and seek their advice. Best of luck to you.
@@LandlordAttorney oh I've been to court several times to evict people.
@@LandlordAttorney you know what if I reset my citizenship I have all my rights back I had all of the money in their third ledger and social security if they've been hiding from us, there's a treasury account for us then nobody knows about, it's from selling our birth certificate and are we're out to see you right now so we got to claim it to be on land Believe me why do you think they have marrytime chords and Admiralty courts and admiralty lawyers?
I have a kind of account number in the routing number for one of them and I got to get the account I have the account number for one I just need the routing number and I got to call Philadelphia for that. But what I got first got to do is get a EIN numbers that I get executive EIN which is for somebody that dies and take over their account I don't know how they think I'm going to get that lol.
I got to get an individual banker EIN, Venice Foreigner EIN. So I have to fill out all these forms to be free and I got to fill out this form too claim my monies to stop all the utility companies from taking out of my account like I generally know a lot of what I got to do but I'm scared and I'm really wish I had some support you know nobody's backing me up I don't have anybody in my life anymore because of this like nobody I'm by myself I live in the basement of my single family house and I read all the rooms upstairs out so I can make the mortgage payments. So I'm going to do a bill of exchange I just saw the bill of exchange that's probably easier than doing a conditional acceptance but I did write asking him conditional acceptance. I've already paid over $300,000 for my house and it was sold to me for $99,000 so I think I pretty much satisfied the loan agreement lol. They sent me my original note and it had an open endorsement eye it was from mortgage pros like back when I bought it they didn't send me any updated ones like cuz I you know if I modified and then I change to Wells Fargo there should be something there right? or no but I'm so tired of having support and everybody wants the money and I don't have it I'm on social security disability. You know I can barely walk a block down the road and I got a lot of mental issues according to my doctors so I'm suing them for falsify information on my records how does psychiatrist and I don't have all the things they're saying I have. They're not even legally legally supposed to diagnose you without a degree right? I go in there for a sores all over my body and they take blood tests just regular physical blood test they never check the sores they never did anything they just guessed I would have could be like ringworm which it wasn't like fungus the another kind of fungus which it wasn't they're giving me all these antibiotics and pills that I didn't need. I went to eight doctors I left I went to three inside my network then I went to help you out the walk-in clinic and one guy told me that I had scurvy get some vitamin c can you believe that? you know why cuz he looked at my record and my doctor's all copy each other wrote down and I'm a drug addict and alcoholic I'm schizophrenic I'm bipolar and borderline personality I'm depressed I got ADHD I got anxiety like you name it every single diagnosis and I I never knew that until we got my chart or you get this app and you can see all the notes I never knew they put all that s*** on my records I went to the hip doctor to get surgery he said well you need to go take a drug test I'm like what I have never added my life been asked to go do a drug test for surgery I'm like forget it you're an a****** He's going by you know where everybody else is saying so I called the records department I said don't you give my records to anybody and I threatened all of them three of them I'm taking them all to court I'm going to get their license or get them suspended or get a nice settlement cuz this is wrong I've been suffering 4 years from negligence and
Can I still try to talk to the tenants to see if they will leave before trail ?What if they say I’m harassing them because they don’t want to talk me ?
What if they say I didn’t give them the notice to vacate ?
I generally tell Landlords not to reach out to tenants before trial. It usually doesn't lead to anything positive.
I actually don't have a 2022 lease since my landlord ignored that year, so he did 2023 which does not sound legal
Maybe. Is the 2023 lease signed by you and the Landlord? If so, it's probably legal.
@@LandlordAttorney nope worst, my other one I rented from did not tell me nothing about kicking me out, but the landlord now who took my rent since ten months or so knew this, but took my money so he basically kept it, plus I got sick from mold and other toxins, I went to the judge today and learned this which was a crime, she favored him for keeping info, along with lying under oath he claim I was moving but I said I needed his email so I could, then he lied that my friend let him in but my friend said no and he knew he did not let him, so the landlord came in invaded my privacy no one said anything last year, the guy was not my landlord til November which he claim in March and lied to the judge, she favored him, so no actually law followed, he gets to rob me and broke many codes which listed as such, my other renting company told him to boot me, but he used me instead and I got hurt,😭
I have a question about commercial lease. I’ve been leasing from the same landlord for about 12 years. She just sold the building and I’m payed up until the end of this month, September. Now it’s the 20th already and I have yet heard anything from the new owner (landlord) what are my legal rights if there is a potential eviction? By the way I live in California.
Generally, even with a new owner, you would have to be given some sort of written notice if your lease is going to be terminated. However, you may want to be proactive and seek out the new owner to either plan your exit or propose terms for a lease to secure your stay. For any additional legal advice, you will need to seek out legal counsel in CA.
@@LandlordAttorney I forgot to ask, legally how many days am I given to exit the premises?
That depends on your local jurisdiction. I'd recommend reaching out to an attorney in your area. Best of luck to you.
@@LandlordAttorney thank you! You've been helpful.
Thank you for your advices in my case the tanants are always late but the pay the late fee, In the contract used the office depot format says after the 15 day if not paying the rent the process will be start, but they pay always between the 17 day or the 19 day. they know the time I arrive to court the had been already paid the rent with late fee. They been in the house for two years I guess now in a month to month contract ( Two years cotract expired) and paid on time only two times in the last year, no matter what I said they do the same. What are my options to take them out?,
It is hard to say without reviewing your written Lease. Is this case in Texas?
@@LandlordAttorney It is in Arkansas. I appreciate your advice.
in this case, I'd recommend reaching out to a Landlord/Tenant attorney in Arkansas and seek their advice. Best of luck to you.
What if an apartment is refusing to take rent since I’ve called the city and corporate on them?
If the rent is late, many jurisdictions allow the landlord to reject that rent and proceed with the eviction. Are you in Texas?
@@LandlordAttorney no sir North Carolina
This is a form of retaliation because I had no hot water for 5 months or a hvac unit so they fixed both now rejecting rent
As all attorneys in our law firm are only licensed in Texas, we will not be able to guide you through NC laws. I'd recommend reaching out to a Landlord/Tenant attorney in your area and seek their advice. Best of luck to you.
@@LandlordAttorney yes sir I’m in process of the sue of retaliation now
I just inherited a property and i have a tenant (former step-brother) without a lease done through me as new owner, the Tenante had an oral agreement with my father, my former stepmom took 2 years to execute my father's Will, so, 2 years later this individual hasnt paid rent, even tho i knew exactly what was written on the Will, now that i am the owner this individual doesnt want to leave the property, even his mom told him that i was the owner? I have served him a 3 day notice to vacate, but the lady at the court said i needed to give him a 30 day notice? To treat him as a squatter, Why would i do that? There is NO CONTRACT OR LEASE, AND HE DOESNT PAY RENT. not even a single penny? What should i do? Should i get a lawyer involved or should i go solo in this? Any advice would be greatly appreciated.
Edit: i am in Texas (Galveston County)
Well, first, yes there is a lease. You acknowledge that there was an oral lease between the tenant and your dad, but you are unlikely to adequately prove its terms. As such, as the new owner, I would recommend sending a 30-day Notice of Termination and possibly a Notice of Rent Increase if he decides to hold over. This way, you can sue for possession and unpaid rent. If you need an attorney to review this with you, give us a call at 832-305-7694 or click here to schedule an appointment on our online calendar: lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney i do need an Attorney for this i believe it will be in my best interest, can i call to ask how much do you charge to handle a case like this? Thank you for your reply.
@@LandlordAttorney by the way, Sir, i am watching ALL your videos and they are very informative. Thank you so much for everything that you do, to keep Tenants and Owners informed.
Thank you for watching! I'm glad you've found our content helpful.
Please feel free to reach out. We'll be happy to help. Our Office number is 832-305-7694. If you would like to discuss this case with the Attorney, you may click here to schedule an appointment: lawofficeoferniegarcia.as.me/schedule.php
Can to make a video about the "Agreed order" and non-compliance with the agreed order? Thank you Mr. Garcia for your educational videos.
What specifically do you have in mind? Did you once have an agreed order and the opposing party failed to comply?
@@LandlordAttorney Yes, the tenant is supposed to move out as per the judge's agreed order on the last day of the month, but the tenant is not moving out.
@Cyril Chorath , does your agreed judgment allow you to obtain a Writ of Possession? Is this judgment from a Texas Court?
@@LandlordAttorneyYes Writ of possession without another hearing, but this case is not in Texas court. Hope you have similar situations there in Texas.
My landlord bought the house with me, Ive been there 11 years. They bought the house less than a year, n increase my rent 40% but added heating bills. Won't repair a washer n bc I refuse to pay full 40% so they are trying to evict.
Unfortunately, if the Landlord has properly increased the rent and if that rent remains unpaid, the Landlord may have a proper claim for Eviction.
@@LandlordAttorney this is NYC I'll be in court telling my side.
@dbedazzling1 if you have a proper defense, and if the Landlord acted outside of the bounds of the law, the court might be the best place to hash this out.
Law needs to change, if the Tenant does not pay the rent, they need to be out immediately, period. A lot of people abuse the system and laugh for decisions of the judges
Some of us got sick or had mental breakdowns and that's why they lost their jobs and couldn't pay rent. But fuck those people am I right?
Im currently dealing with a landlord who wont answer there phone and has no other form of contact on top of that they arnt the 1st I had do this i get ya all got lives as well but most landlords do not give enough contact info and straight up ignore there phone then want to say we arnt paying rent i will admit some tentants do not pay and yes should be out but for the many that got the money but cant give it to the landlord because of lack of communication learn to answer your dang phones or give other means to pay an address paypal something come on now 🤦 not every renter is some dead beat we got jobs and lives of our own the amount of entitlement I see landlords push is down right sick and personally bi think a vast majority of landlords need to just sell there property since its clear they are only in it for the money
But a lot of people supposed to have the government pay their bills from their trust! Not pay out of their pockets. Cause money doesn't exist.
I agree to a certain extent that this wana be landlord just want money, we pay to live in a clean place not a back yard maintenance staff. These property managers need to be certified and registered on NARPM association, and account management should be in office not working remotely and having rent come to their place of living or changing rental apps, or using google apps to block phone calls or other information
@@mrsj5339 yeah i once lived in a place filled roaches before I even moved in the landlord lied and claimed we let them in and did nothing to fight them off well they screwed up since apparently we had the same lawyer and the lawyer is the one who recommended them and admitted to the roaches being here before we moved in not to add the receipts for all the bug killer supplies we kept proved we where fighting them off we got paid over $2k some for all the supplies we had to pay for that he was supposed to pay for since its his job and the rest was back pay in rent since the house was considered unlivable the amount of things landlords will do just so they dont spend money is down right sick and disturbing i know some tenant's may trash a property when they leave but the amount of landlords that dont fix stuff and then place blame on tenants is just as bad its got to a point where I legit have to take pictures to prove whos the lier now no one is trustworthy anymore 🤦
So is it a 3 day notice to pay or vacate or 10 days? Im confused. Chapter 24 says 3 days
In Texas, you'd need a 10-day NTV if your lease does not award attorney fees and you plan to demand them. Otherwise, the default is a 3-day NTV.
@@LandlordAttorney can i hire you to write a contract for a tenant?
@@jitomingo2000 if this is for a Texas lease, yes. If you'd like to set something up, send an email to: info@attorneyeg.com
Im in humble tx I gave the tenant the original copy to vacate. I’ve just filed eviction, and gave the courts a copy of the vacate . Will I have trouble in trail ? The courts eviction package did not state to keep the original vacate notice.
This should only be a problem if the copies are substantively different. Otherwise,you should be fine with bringing a copy of the Notice. However, in the future, serve a copy to the Tenant and keep the original.
@@LandlordAttorney thank you mr.García l appreciate you .
@@luciramos8526, you're very welcome! Best of luck to you!
i git served a 3 day notice to pay or quit ..They r asking for $710 for rent from jan to may and i have all my reciepts..what happns now
Not sure. Are you saying that you've paid all rent and fees? If so. Prepare to present your evidence at trial. However, if you are being evicted on a non-rent basis, your might still have a problem.
yes ive paid all rent and have my reciepts that clearly show ive been paying my rent on time ..My property management wont go thru the account to check this .Can they get in trouble for doing things like this for giving simeone a notice to pay something thats already been paid ..it makes no sense
Need help please. I bought a house and the tenant lease terminates in july. I gave her the deposit and one month free with the condition to leave today. She didnt move out, can i start eviction since she hasn’t paid two months rent as of today?
Depends. Is there a written lease? Do you have proof of nonpayment? Is this a property in Texas?
Yes there is a lease. We have send texts asking for the rent and providing information of where to send it, we never get an answer. The property is located in CT
@@bebo014cf , I'll be unable to give you any eviction advice for an eviction in CT. I suggest looking up a Landlord/Tenant attorney in your jurisdiction and finding out what might work best for you out there. Best of luck!
Thank you for your advise
My renter. Only pay a portion of February rent she said that she will pay the rest of it in March, when the month of March can she did not have the money that she was going to give me on the 1st then she went on telling me that she will pay me on the 12th that came and went and then later she was saying that she was waiting on her income tax and I felt as though I was being just mislead like she was trying to buy time and the resident so I served her a notice to vacate I issued it on the 17th of February and gave her into the first of March to be out I was listening to some of the attorneys and they said you can give a 3-day notice I think I gave her a good amount of time I don't know what do you think but anyway I went and filed with the courts and I am due to go to court at the end of April so actually she had the whole month of March non-payment of rent then April since we are going to court so I was wondering did I do anything wrong will I be okay when I go to court, I don't have my lease but I do have evidence of her payment of receipts I also have a text that she often would text me telling me when she's going to pay the rent and every time it was a no-go and I also have and I do have the certified receipt when I sent it to her and I also hand carried it to her so is there anything that I did that was not right
It will likely benefit you to set up an appointment with the attorney so that you get prepared for the Trial. If you are interested, you can book a consultation with one of our attorneys here: lawofficeoferniegarcia.as.me/schedule.php
@3:00 how often does that happen? is it at 100%?
This happens in smaller apartment complexes or with less experienced owners.
@@LandlordAttorney I tried asking if they would consider for a number of years at spitefire aerodome airport in NJ they wouldn't budge, work at UPS philadelphia part time would have been perfect setup. Do other small airports consider?
@@cmritchie04 Not sure. I've certainly never heard of airports doing this.
I am being illegally evicted off of retaliation. I also paid rent, and the landlord lied and said I didn't pay rent. The landlord allowed her onsite manger harass me and my children
You may have to go to court and prove your case.
I have no lease and no agreement.
This woman doesn’t even own the house.
According to the county assessors office
-Her name is not on the title.
She’s suing me for an unlawful detainer.
Can you evict someone from a house,
you do not own?
Potentially. If she has the authority to manage the property, ownership would not be required.
@@LandlordAttorney
where would that authority come from?
A will?
Her parents have been dead for over 10 years.
My mother is the one that told me to move here, as it was in danger of foreclosure.
She is the oldest child
and has heard nothing of any authority
given to anyone.
I thought probate gains one such authority?
I’ve heard if you don’t go through probate you cannot rent a property legally
and if you do
-you cannot evict anyone.
You don’t have the authority.
there is such a thing as authority by virtue of law. Are you in Texas?
@@LandlordAttorney
California
&
I reported her to the district attorney for rental fraud
&
They are currently investigating her.
So I’m not sure
what she’s doing is iegal.
I’ve read. California law?
“landlord” literally means owner.
and
that’s who she is claiming to be
-without her name on the title.
I’ve given her over $120,000
towards the mortgage…
I have an oral agreement with two tenants and one of them gave up their room to move in the to the room with the other tenant. I didn't get it notice of it. They allowed someone else in the other room without notice. It's 180 a week per tenant not per room and the girl refuses to pay it she pays $70 a week I'm giving her notices and I'm giving him notices because I've raised the rent for everyone cuz it used to be one set 160 and I raised it to 180 because of the costume utility s. I've been giving both of them separate notices for a year a whole year it's a week to week rent and they never paid The raisin rent they ripped it up and threw it down my stairs. Can I claim the amount of the difference of the rent even though I've been collecting the old rent amount that was agreed upon orally? Also they got a pet cat which is not allowed so that's a breach of the agreement.
They've been verbally immensely totally abusive to me I stay in the basement of my house for peace and quiet so I don't even go up there hardly at all so I don't I didn't know that you let someone else in and I met the kid and I said okay or agreement and then he didn't pay so then he moved out for a notice to quit and sells me three grand but I can't find him. So I had to rent the room out again. I have another tenant that does pay his rent on time but he is unsanitary the room is like a fire hazard he has piles of clothes all over the room you can barely walk through it and also not cleaning the bathroom at all it stinks and smells up the whole first floor of the house. He's broken several things in the house like he threw dishes at a mouse and the broken dishes were on the counter so he also is doing drugs and I called the police one night cuz he the toilet overflowed and it came down here it was raining through the floor down here to my bathroom and my kitchen down in the basement and I like I heard a leaking cuz I was watching TV and then I went to the hallway and I would upstairs and he was just standing there high as a kite letting the toilet overflow. I called the police and they picked him up bottom of the hospital and they didn't drug test him or anything. I hear him using I see him peeking outdoors and everything all night long and I hear him falling upstairs all the time probably tripping over his stuff all over the floor but it's totally unsanity.You're supposed to keep clean up after themselves and he trashes the kitchen it's totally dressed all the time possibly hands all over the countertops grease all built up her grease all over the stove and refrigerator on the floor the countertops they don't maintain he doesn't maintain anything and the other people are 31 or don't want to eat for kitchen because of it and they had several arguments about it.
In Texas, with a verbal lease, it is unlikely that you will be able to prove that your agreement included a ban on animals. Generally speaking, the only agreement imposed on a tenant to an oral lease is the obligation to pay rent.
@@LandlordAttorney well what about if I show the ad that I placed every time I place an ad it's no pets but they're damaging all my property I have pictures of it like the sky ruined both of my bar stools he ruined the banister on the stairs and he ruined all and marked up the mirrors and the and the furniture took it all apart in in the room that I rented him that was furnished. Jacked off on my security camera and I only found out like months later because I don't usually check for videos cuz it only tells me if somebody's here and it has a screen in the window so it doesn't record much and that's how I found out what I literally checked and now the camera's gone he thinks that he can hide it cuz he took the camper
😊 okay so if I raise the rent and gave them written agreements and they ripped him up and threw them down my stairway and they were supposed to leave February 6th last year I can't do anything about that or prove it? I got a picture of a paperwork downstairs but anybody could take a picture like that I guess. And I showed a video of me delivering the notices I showed you notices and me putting them under their door I didn't send it you know through mail because I live in the same house and they won't even give me their phone number I have no way to contact them unless they send him a message through a request for payment on on my bank in my bank. They're not supposed to get mail here she gets mail here all the time from IRS and everything
So do I have to fill out a that it's a breach or a non-payment if they don't pay the difference in the raised rent?
Okay so I would have to go down to the gas department have them deliver to them they're written notice to leave?
That's what I think I have to do they say give it 2 weeks and a 30 day then you go to the court and they'll give them a 30 day which is ridiculous that means it takes me 3 months to get them out when it's a week to week oral agreement. They ripped me off so bad they ruin everything in my house that gives them time to for demolition you know what I mean? One guy his room is so it's so filled with clothes and top piles of clothes and trash all over the floors I mean like they're like a foot high at least you can't even walk through the room and unsanitary in the kitchen in the bathroom does the bathroom smells up the whole first floor in the kitchen there's just grease all over everything around stove refrigerator countertop dirty dishes all over the sink trash on the floors
Land lord doesn't want to give me back my deposit. I let them know since March 6 I would be out by the end of March. They want to charge me up to April 23 and deduct it from my deposit. So since if they're charging me off my deposit I'm staying put until April 23. They still want me to pay for April rent. Smh they're not getting nothing since they're deducting it from m deposit
This sounds like a Notice issue. Are you on a month-to-month lease agreement? If so, you would likely need to give at least a 30-day Notice of your intent to terminate your lease. Make sure you understand how to terminate properly, and don't put yourself in a position to get an Eviction on your record or to lose your security deposit.
@@LandlordAttorney I had a 1 year lease. But now it's a month to month lease. Since they're charging me from my deposit up to April 23rd. Can I stay until then since I'm being charged from my deposit?
@raul robles , depends what your lease says. Generally, a Tenant is not allowed to use their deposit to cover rent while residing on the property. Has the landlord begun the Eviction process?
@Ernie Garcia, Landlord Attorney they just gave me a 5 day notice yesterday. Pretty much just saying I have 5 days to pay or my lease is voided
@@raulrobles2961 it sounds like you might need to speak with an attorney about this. If you're in Texas, feel free to give us a call if you would like to book a consultation: 832-305-7694. If not, I strongly recommend that you seek out a licensed attorney in your jurisdiction that handles Landlord/Tenant matters.
What about a landlord who leased my dad an rv for 690. All bills paid and no in mid time of lease she wants change the lease to him paying 650 plus lights.
In texas
Is the agreement in writing or oral only? Is it a multiple-month term or month-to-month only? If multiple-month, is it current, or has it lapsed into a month-to-month agreement?
@@LandlordAttorney it's a one year lease
@@LandlordAttorney it's an agreement on paper
@@LandlordAttorney can you email me I can send you the file
What are the 4 things?
Seriously? Watch the video.
I got a nightmare of a tenant with a grown a** man as a caregiver. And she has so many red flags on her lease that I'm running out of room. She is also disable but I wonder if I can still evict because I've got some legitimately reasons for evicting. She lied on half her screening questions and to this day she is still lying was the first thing. She didn't want to pay her utilities even though they are in her lease and tried to make me pay them. She even wrote me a rent check that bounced like a rubber ball. So now she has to pay me in money orders. I only charge her $250 a month and I should not have to put up with her nonsense. She doesn't appreciated a thing. I'm wanting to get rid of her so much. Tenants like that I don't need.
Truth. You should probably evict.
see if you can evict based on late payments
Who is her caregiver is irrelevant, her lies on the application is irrelevant, her not paying the ulitity is irrelevant. The only thing you have to work with is the bounced check.
@tdgdbs1 In Texas, misrepresentation on your application can lead to an Eviction, as can nonpayment of utilities, if paid through the lease.
@@LandlordAttorney I finally evicted her behind. Her last day is August 31. But I may have to take her to court to get her out of my rental. She acts like she owns my rental and she acts like I'm no account. She has even called me names and threaten to sue me. I hope she does with absolutely no proof. I have collected all of my proof including the bills she hasn't paid or was late because I always get notices when she don't pay or pay late. They are in her lease.
She acts like all she has to pay is the rent and get to stay in my house. That crazy bat even named her WiFi with my rental property address. I see it on my phone. Something truly wrong with that woman when she brags how nice she is, brags that I won't be sorry that I rented from her, brags that she never lies, brags how well her other landlords loved her as a tenant. So why did she ended up living with her mother for the past several years who evicted her? That woman is sickening and I'll be glad when she is gone.
Thanks
You're welcome.
Thanks
No problem
Here's a hotel that I work for for 5 months I moved into the hotel for 8 months. They just opened up less than a year ago the police had a drug investigation going on and raided two rooms they must have called the fire department the fire department said there was no fire block that's inside the walls that separates the first second and third floors from themselves so far cannot Chase up the wall was not put in they went through their inspection a year ago the stuff doesn't disappear it was overlooked any how everybody was evicted in less than 24 hours. After covid Florida law after 30 days you are a tenant in Florida in a hotel
I'm not licensed on Florida, so I can't speak to Florida eviction procedures.
fire***
Not in NYC
Sorry to hear that.
@@LandlordAttorney 3 yrs sometimes...
How to evict a squatter in Texas?
Here's a video on this very topic. Check this out: th-cam.com/video/7gsMUy7kitI/w-d-xo.htmlsi=UVFF4vqRXZwnzVjb
The landlord lied, I got evicted, the landlord refuse to take my he wanted me out because of my late fees for a month-and-a-half half of June and all of July, I tried to pay him with an envelope because I was at work outside he did not take the money in the court he told a judge that's not how we do things when the money was outside he never considered that to me he never instructed me what to do or call ,when we was in court he told the judge that's not how we do things he lied to me for me and on me. Have to be out of my apartment for the late fees typical pattern of a landlord when he does not want you in the residence the hidden agenda is not wanting you to verbal loophole is you not paying late fees.
Do you still have the option to appeal? You still might have an opportunity to work things out with your landlord. However, I strongly recommend that you seek legal counsel ASAP.
Your in TX and I'm in CA, so you may not know this, but...
What about when it's the tenant violates the covenant of quiet enjoyment? I'm a landlord in an owner occupied duplex in Los Angeles. My tenant of almost 7 months has these periodic, unpredictable, loud disturbing outbursts. They can be brief as in a few times a day, then stops for a period of time (days / weeks)... then there are times like right now, where it goes on for days. A neighbor has described it as "sounds like someone being dismembered alive". It's so stressful as not only do I never know when they're going to happen or when they're going to stop, but we share a common wall down the center of the homes. There have been times when it's gone on for hours in the middle of the night. It's so loud it sounds like it's in my bedroom, like there isn't even a wall between us.
As I'm only licensed in Texas, I will not be able to counsel you on California laws. I'd recommend reaching out to a Landlord/Tenant attorney in your state and seek their advice. Best of luck to you.
@@LandlordAttorney thank you
My landlord also forged my signature
If so, you should be able to present this fact in court.
this took forever to get to the point
I think you mean, "This took 4-ever to get to the points."
Ahh. And not 1,400 plus plus plus!!;
Why only landlord?? You never been tenabt in yiur entire life?
I'm a tenant now in my office building, but I make content specifically for Landlords because that's the niche I chose for my TH-cam channel. It keeps my content focused.
Nice morals
Thanks.
I HATE MY LANDLORD
HE RUNS AN ORGANIZED CRIME RING
Why not find a new landlord?
You Left me for dead.
Sorry. Didn't mean to.
Harris Lisa Walker Matthew Garcia Robert
@@BettyWalker-n3r Is this 1 person or multiple people?
11:20
Slumlords lawyers....
We represent slumladies too
Yes I do need my own lawyer to represent me ok because my brother in law doing crazy things to me and his own sibbling ok not right ok why I need my own attorney and serve him papers because he wants to threaten to evict me ok and threaten he thinks he can also file for divorce for me and Javier not with out both of our consent ok and Javier said he never wanted to go through a divorce or legal separation or custody battle it is him and other out side of home friends of Mike want me and Javier to go through a divorce ok this trueth so he can go back to ex girl friend rodica ghinea Moore ok whdt Mike Gonzalez trying to force to happen just to retaliate against me and hurt me ok this trueth I am hurt ok I pray for set of true Christian friends ok to speak nice postive encouragemrnt thinks to me ok and would speak life to me ok not sprit of death at all I rebuke that way from my life and why did Mike put stop for me getting chemo therapy from city of hope when I need it now been very very sick lately ok I pray Encinas family members get me the help from city of hope ok for my cancer I have please I pray God answers my prayers
If Mike Gonzalez or any Gonzalez family members want to evict me ok I need a cival law suit case filed against them to pay for my eviction Javier Gonzalez got on my record for public housing through county of sanberrdino county payed off ok this trueth all Gonzalez family members need to help pay this off so I can have a place to live and get that eviction off my record because Javier did not want me to pay rent at time ok and he was on lease ok this trueth ok this what ruined my credit ok I never ever had a eviction on my record ok this trueth ok until he did that to me and he did that to me ok because he was helping rodica ghinea Moore pay her rent ok so this is cival law suit case that needs to be filed and payed off ok this trueth so I can have a place to live and not bad credit because my husband did that to me ok now I don't know if chapter 7 bankruptcy can take evection off my record for public housing ok yes or no only a attorney would know this ok why I need a attorney to represent me I pray for one please
As all Attorneys in our Law Firm are only licensed in Texas, unfortunately, we will not be able to guide you on California eviction laws. I'd recommend reaching out to the California State Bar, find a Landlord/Tenant attorney in your area and seek their advice. Best of luck to you.
MALINCHE
PAPRIKA