The tenant appealed, so what went wrong?
ฝัง
- เผยแพร่เมื่อ 21 ส.ค. 2024
- Connect with Ernie at attorneyeg.com/...
or book your appointment with him directly at lawofficeofern...
This video discusses the basis in the law for a tenant to appeal a ruling in a Texas Justice of the Peace Eviction. Every tenant can appeal every ruling in the JP Court; this video explains why.
To join Texas Landlords, our private Facebook group, click here: / texaslandlords
"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
Visit us online at: attorneyeg.com...
I wish some landlord's and some tenants can respect eachother.
What is the appropriate time to appeal ? 2 days after writ of possession is granted , 5 days after , 6 days after ?
Not sure. In Texas, a tenant can appeal an eviction from the Justice of the Peace within 5 days (sometimes a day or two longer). However, once a Writ of Possession is issued, there's no option left for an appeal (at least in Texas, anyway).
Imagine saying that a tenant appealing means something “went wrong”. Abhorrent.
I'd prefer to imagine the tenant actually paying what they owe.
I was told unlawful detainer cases can't be appealed. Are you talking about that or?
I live in California.
Unfortunately, as I am not licensed in California, I cannot speak for California laws. The situation described in the video applies to Texas.
I’m in California and yes it can be appealed
I'm getting evicted at no fault of my own in Texas.I have all my rent receipts and proof of payments of the water and sewer.I'm part of a government rental program and was given a three day to pay or quit, on April 13,2023! I paid April's rent! I refuse to move out without a notice from a court judge.
It will likely benefit you to set a consultation so that the case can be discussed with the attorney. To book an appointment, please call 832-305-7694 or click here lawofficeoferniegarcia.as.me/schedule.php
I WAS NOT GIVEN A 30 DAY NOTICE BY MY PROPERTY MANAGER IN THE STATE OF TEXAS IN APRIL OF 2023.
Were you sued for Eviction? If so, were you sued for Holdover or some other Lease violation?
How do I know if the old owner appeal the eviction judgment
If you are unsure if there has been an appeal, contact the court. There is usually a short deadline in which an appeal must be filed. If that deadline has passed and no appeal was filed, you have nothing to worry about.
Can the old owner Call City codes on me cuz I evicted him
If the old owner was judicially evicted, that's the court's decision, not yours, so you should be ok.
Can a hangover Tenant still file a appeal in Dallas Texas ?
Yes, the Tenant has a right to appeal by virtue of law. We represent clients throughout the state of Texas, including Dallas. If you need help please feel free to reach out lawofficeoferniegarcia.as.me/schedule.php.
MY PROPERTY MANAGER SAID THAT ONE OF THE REASONS I'M BEING SUED IS FOR NON PAYMENT OF RENT AND FOR NON PAYMENT OF THE LIGHT BILL, WATER BILL,AND SEWER BILL! I HAVE RECEIPTS THAT SAYS OTHER WISE!🤭🤭🤭🤭🤭🤭🤭🤭🤭🤭🤭🤭
The best defense will have evidence to counter all of the claims raised against you in a lawsuit. Particularly in an Eviction claim, the Landlord generally only has to have one of their claims granted in order to secure an Eviction judgment.
Zzzzzzz!😮
You're welcome
Perfect, tenants can do that and then we can just go ahead and get a “default judgment, collections, and eviction on their record.”. They are better off just peeling off the Band-Aid than appealing something that they know they will lose, just to buy two seconds worth of time.
To many of my clients(own four salons) they come in, from texas to east coast, clientele, and say, they get an extra long 5 weeks, and 8 weeks, or longer all depend."So, for them, it is yes, worth it. That's true, to appeal it, has helped many have 1 to 2 long months to relax, keep searching for apt., and or to wait, til last minute." Then, stay in a nice hotel or suite, or with family, or get another apt.
@@evaharris6450 I agree. I own a few properties(then) we sold 2 of them, so made a nice little $$$ profit off both too. Both sold in about 7 months, was well worth the wait though. i remember renting a few in Tx.,(didn't even want them to appeal) Eva. MOST LL's don't. But, i just had to "wait." a few in Texas were given "months" not just a month.(Even a month was long)but it happened, so i been there. But, it is ok. I later learned the few did well, new apt., one bought literally her own condo(so she was saving money, to do that, i learned later.)her own biz now too." But, definitely give them more time to Appeal yep.
@@CassieDylan-xk6jk but..appealing and delaying still won't prevent having "collections' on their record. So what if they can get another apartment, their wages and tax returns and stimmy-checks, etc can be and will be garnished (yayyy)
What is overturned on appeal
@@angieharris8015 do they really get garnished if tenant doesn't pay?