Ernie, This is the best explicit educational video I ever watched on utube. I do respect your professionalism and willing to share to everyone in need.
I have tenants that started heavy marijuana use , and two unauthorized guests . regardless they didn’t follow the lease agreement that had defaulted to a month to month. Anyway the AC was reported to be broken so I scheduled to troubleshoot it. I wasn’t allowed access to a breaker panel in the bathroom. I observed that the ac filter wasn’t being changed monthly and mold had begun to grow in the coil. Non the less , I attempted to coordinate by text to get in to remove a wall panel so a licensed AC man could ohm the capacitors. The response was obviously from a person under the influence of drugs and I couldn’t get the Tennant to comprehend . An AC man just showed up and was turned away by landlord .My next attempt stipulated a trip charge which wasn’t acknowledged or complied with and I was notified by the guest that there was a fire code violation and the house wasn’t safe . So I gave the at will Tennant 3 days notice taped on the door with a picture taken to move out. The tenants still return in the evenings to smoke pot and have not paid the rent. Next I will send a vacate notice by reg mail and attempt to hand deliver it. The male guest appears to be an ex con, the neighbors house was broken into a month ago and turned over. Should I send a vacate notice by reg mail prior to filing for writ of possession or because a hazard supposedly exists should I attempt a speedy remedy?
Hi Ernie, I have watched all of your videos and they are really nice and informational. Here are the late fees terms of my lease - If the tenant doesn't pay all rent on or before the 3rd day of the month, tenant will pay the reasonable initial late charge of $50, plus the reasonable daily late charge of $15 per day after that date until the amount due is paid in full. Tenant agrees that these late charges are a reasonable estimate of uncertain damages to landlord that are incapable of precise calculation and result from late payment of rent. Daily late charges cannot exceed 12 days for any single month’s rent. Landlord won’t impose late charges until at least the third day of the month. My tenant is regularly paying rent after 12th, for more than an year now. Currently he is overdue for more than a month and I am finally planing an eviction. I have been charging late fee for more than 12 days (he generally pays rent after 25th), but as per my lease it cannot exceed 12 days for any single month’s rent. Can this cause issues during the eviction judgement? If yes, how can I make amends and continue with the eviction process?
First of all, enforcement of late fees is important for 2 reasons. 1. You want to deter late payment, 2. You want to know whether you are charging too little for your rental. If a tenant is continuously paying extra, your rent is probably too low.
As for Eviction, the state where the property is located makes a difference here. I approach things from a Texas perspective. In Texas, late fees are a non-factor in an Eviction, as they cannot be claimed. A Texas Eviction is limited to rent, court costs, and attorney fees, if applicable.
Hi Ernie, great educational videos, thanks! My issue: the current lease (Bexar County - San Antonio) expires on May 31, 2023. The tenant however decided to move (beginning Jan 20, 2023) to McAllen, Tx. After several trips back and forth moving their belongings the tenant promised to "deep clean" the house and then conduct a walk-thru "some time soon." We had issue with the house being empty but tenant assured me her father-in-law would check the house regularly (they live 5 mins away). Also, they promised to pay the rent thru lease expiration. So, March rent check arrived in my bank account and was returned 3 days later due to ISF. Since the bounced check they've refused to answer my calls, texts, and/or email. BTW, all issues are on the lease they signed. Question, can I provide 3-day notice to vacate (on the door and via USPS) and then enter the house (because I am 100% certain they moved)? Or do I need to go thru the entire eviction process? Any shortcuts? Thank-you in advance.
First, if they have left and removed all of their stuff, there's no way to evict. Do they still have property in the home and the keys? So there was nothing paid for March or April now? You can sue for Eviction if they still have stuff there. Otherwise, you can assume possession and file a civil claim for breach, but, while you can due them in Bexar County, you would have to serve them with notice of the lawsuit in McAllen (Hidalgo County).
Thank you for your content. Is it in the landlords BEST interest to attend court with their attorney? My landlord says it is not necessary but would be 'ideal' if I were present. My tenant is pulling every trick out the bag & is refusing to leave peacefully. My lawyer & I are doing a holdover, although she is 4 months late in rent as well.
Hi Ernie, I'll try and break it down shortly if possible. My tenants moved in without paying anything do to my kindness for weakness and fell for the "Say what you want" to hear scam. Ok my fault, lesson learned. I gave the 3 day notice to vacate in the first week of moving in and ended up going to Precinct court and I won judgement but of course the tenant Appealed and then Paupers appeal but yet paid the monthly rent to the Precinct and tenant got legal aid involved so now going to County Court to start all over. The tenant never paid the monthly payment to County Court and is now the 2nd month of not paying and while driving by the rental I saw that the tenants are in the process of moving with U-Haul on the 8th of the month before the County Courthouse Zoom meeting Court which is in 50 or so days. Question: If the tenants move and it's abandoned with nothing else in the rental that belongs to the tenants, can I the( Owner/Landlord) change the locks and sell or re-rent the house after a 3 day period or wait the almost 2 months till County Court in SAN Antonio TX
I haven't seen your Lease or your judgment, but based on what you have shared, you are free to resume possession of the Premises. If you are still unsure or have additional questions, please feel free to reach out. We do the document review during a single consultation. The consultation is $199, and it is available via phone, via Zoom video conference, or in person. To schedule, call us at (832) 305-7694 or book your appointment online at: lawofficeoferniegarcia.as.me/schedule.php
Thank you for your response and reply. Yes indeed I did just that and changed the locks after confirmation of moving and of course brought the Badge man with me before entering premises and he gave authorization to call the house abandoned and permission to change the locks.
What are the penalties for the landlord demanding double rent and additional money for repairs which happen prior to taking occupancy. When rent was overpaid not being applied to account. Receipts are available to show the landlords wrongful intent?
I'm not sure penalties apply in this situation, but the tenant may have evidence to show that there is Rent credit (or prepayment) available for future rent both for the "double rent" paid and any amounts paid for repairs charged to the tenant without cause. This comes down to what the Tenant can prove.
18:53 I won in court for renter to be evictd , non payment for four months plus 4 cats in the house, lease says no cats. On the last day of the 5 days the tenent went to the court and said they are indigent. Now it is going to a different judge, waiting for her decision. Can i possibly have to basically give them the house if the court rules in their favor.
Give the Tenant the house? That's VERY unlikely. I don't know much about the specific facts of this case, but that is not something that genuinely occurs unless the Tenant has a valid claim to actual ownership.
This depends on the precinct and the Court. Some are getting setting in 2 to 4 weeks. Others are set at 3 months. In which precinct is your rental located?
@@robertgrayson4406, I prefer the Cypresswood court in Precinct 4. It's on the opposite side of 1960, but I've had more success with Landlords out there than I have in Humble.
If you are in Texas, and the Notice was properly served, you can file for eviction on the basis of holdover, unauthorized pet, and unauthorized occupant.
Trying to evict a tenant for non payment of rent. Calculated she was overpaid on her rent. What is the landlord liable for after demanding Double rent when not owed? Is this illegal? What are landlords liable for not rendering peaceful living.
Is this property in Texas? If so, the Landlord can charge late fees if the rent is not paid on time. If the Tenant is timely with her rent payments, late fees do not apply. Here's my video on the topic: th-cam.com/video/d_j9mm_Kdmc/w-d-xo.html
Once the judgement is final, how long can I wait before obtaining the Writ of Possession? For example, if I want to show mercy and wait a few weeks to give my tenet extra time to move before the constable kicks them out, can I do that? If so, how long can I wait?
Generally you have 60 days from the date of Judgment to exercise a Writ of Possession in Texas. It is possible to extend it for an additional 30 days with good cause, but not longer.
My landlord rented a room in a 2 bedroom unit to me,shortly after the 2nd bedroom was rented out to an individual who happened to be a registered sex offender. Unfortunately no steps were taken in any way at all to make me aware of any rights i may have to become aware of this matter.. additionally when the other tenant became aware that I had learned of his status, i started to get threats from him of physical action against me if i make any problems for him. I made an attempt to contact my landlord about this and was told that nothing would be done about it and I should just move out.I stated at this point I would not be paying the rent further until I had received an assurance of some form of action to be taken in regard to the threat..other forms of antagonistic behavior on the landlord's behavior towards me have taken place as well.Now an eviction is being filled against me. What can i do i am very worried that I will not be able to get any help with this. Please respond to this as i am under great stress about where I will end up living (street, car,etc) thank you for your channel, i hope u may be able to advise me on this matter
If the landlord has already sent a certified 30-day eviction letter to the renter and the renter leaves within that time period do the landlord have to go and file with the courts or could the landlord just go in and start working on the house.
For NJ I sent a notice to cease, now will do notice to quit and will follow with an eviction. Each notice will be 30 days and once i certify mail I will wait a max of three days as a grace period and will than file for an eviction. Tenant is currently month to month. Is this the best approach for non payment of rent and constant late payments
As I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction 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 case with them. Best of luck to you!
Good morning. My husband & I own a home that we allowed my son & granddaughters to live in until we were ready to sell it. There was no written contract, nor did we ask him to pay rent. There was only an understanding that he would pay the energy & water bills which are still in my & my husband's names. Unfortunately, because of his irregular payments, we are paying the bulk of these bills. He has since moved his girlfriend & her children into the home. Currently, neither are providing any monies for these bills nor are they making any attempt to conserve energy & water, creating outrageously high bills. We are paying more for their consumption than ours. We have informed them that we have an interested buyer & they need to vacate. It appears they have no intention of leaving. How should we proceed. I can write & deliver a notice to vacate but I know that will not make a difference so I need to know what our next step will be. Do we need an attorney? If so, is this something with which you can help us? If so, approximately how much will this cost us? These are the questions to which we need answers to decide how to move forward. Your advice is much appreciated.
In cases like these, we recommend having a consultation with the attorney first so that we can guide you through the process and explain your options on how to proceed. Our consultation is $199. If you are in Texas, you can click here to schedule the appointment with the attorney: lawofficeoferniegarcia.as.me/schedule.php.
What if they have moved out already, but are not wanting to grab a few things they left behind and are territorial and don’t want me to go inside to start cleaning all their mess? We had a month to month lease that never got signed so pretty much no lease? Do I have rights to work on my property or do I have to wait until she takes all her belongings? I have a spare key to the property and she left her keys under a Rock in my property
Hello Ernie, I have a sole Tenant that is late on payment. I have delivered a Notice to Vacate. In doing so, I've learned that an adult relative is living in the property along with a dog are in the property which were not authorized per the Lease Agreement. I now want to collect information from the adult residing there and charge Pet deposit. How should I best do this?
Did the eviction moratorium stop Tenants on 6 &12 month leases from being evicted? I dont rent, but I heard month to month is not the way to go, I was told go 6 or 12 month lease because if the landlord wants to evict he can with NO REAL REASON? am I correct? and that I should look for credit scores above 7.0? & hire? Thanks
The lease has lapsed, but it has lapsed into a month-to-month tenancy, which either Landlord or tenant could have terminated with a 30-day Notice of Termination or Notice of Non-renewal. The fact of nonpayment gave you the ability to send a-3-day Notice to Vacate any time you wanted. However, the Eviction process is the same after 1 day of defaults or 1,000 days of defaults.
I bought a house from someone whose house was a bout to be foreclosed. The property was deeded to me. A contract was signed by both parties with a move out date. Due to an issue the former owner was facing I gave them an extra thirty days and sent a lease back contract with expected rent amount via certified mail. They refused to sign the lease back and is refusing to move. One of the family members said they paid the back mortgage which I now find was not true. Just sent a 3 day notice to vacate. Question is do I still go through all the steps of eviction process. And can I include the back mortgage that was suppose to be paid already and now I am responsible for? They have been living rent free for a couple of months.
Secondly, yes, you likely should continue with the eviction process. However, unless your agreement entitled you to some form of payment, I'm not sure that you can recover more than possession of the property
@@tammybrackens980, if you need any additional assistance or want to review your case facts with an attorney, feel free to call our office at 832-305-7694 or click here to book an appointment on our online calendar: lawofficeoferniegarcia.as.me/schedule.php
Is it legal to have a tenet sign a 30 day lease every 30 days to renew? Different from month to month which rolls over, they literally must be out at the end of 30 days if they don’t resign.
Colorado Brad, if you're asking about Texas Law, sure it's legal. The Tenant is not ever required to sign a new lease, but a Landlord can insist that a Lease does not renew automatically.
Thanks for the informative video. My question to you is why do some landlord's offer year lease and some month to month . I'm on the month to month one
@@LandlordAttorney Thanks for the quick response. what does say about the owner. Would you advise one to stay away from Month to month and go for 6 mouths or a year to year , Or it doesn't make much of a difference. I never had a month to month. I feel that owners do that so they can find away to get you out. Not caring about you really. Am I wrong in my thinking ?
@@johnblaws8133, if your intention is to maintain possession for at least 6 months, then you should sign a lease. A month-to-month tenancy can be terminated with a 30-day Notice.
Unfortunately, as our attorneys are only licensed in Texas, we would be unable to counsel you on Florida laws. We recommend searching for a Landlord/Tenant attorney in your area. Best of luck to you.
I am a tenant in a house and another tenant is always causing problem like stealing the food, throwing the food out of fridge in the mid night I donot have recorded videos of him doing mess but its him. Despite multiple warning he keeps doing the same. Is there any way I can file the case against him?
That depends on your living arrangement. Are you roommates on the same lease? Are you separate tenants renting room in the same house? Are there written house rules that the co-tenant is violating?
@@LandlordAttorney We are not in the same lease. Landlord rents each room to individual separately and all are month to month rent and is oral agreement between tenant and landlord with no any lease signed. Thanks.
@@pujitkoirala8833, unfortunately, without a written lease, it's much harder to enforce your rights, especially against a person with whom you have no agreement. You may want to report these matters to your Landlord. I suggest sending a written letter to the Landlord requesting that the Landlord intervene in some way to allow you to use common space without the threat of theft. Good luck.
@@lisasaldeen2948, if you're in Texas and there's never been a written lease, then you can send a 30-day Notice of Lease Termination to end a tenancy, especially if the tenants are not in default. Did they ever pay rent? Are they current on rent? Either way, it doesn't matter, the 30-day Notice of Termination ends the tenancy. After the 30 days, send a 3-day Notice to Vacate. If there was never a rent agreement, you can simply send a 3-day Notice to vacate, but some judges don't believe that's enough time, so it's risky without the 30-day Notice.
An Eviction notice in Texas can be posted on the outside if you cannot get in, and you put it in an envelope marked Important document withers the name and address of the tenant, and you also mail it to the tenant in the same county on the same day. Just mail it. It's way easier to do and prove.
Hello sir, i am in Texas. My tenant is trying to pay a partial rent via direct deposit into my bank account after I have filed for eviction. How can I return his money so it does not stop the eviction. Please advise. Thanks
You have the option to show up to the Eviction trial with your check book and let the judge know that you are willing to refund the rent if the court requires it because you want possession. Let the judge make the call. If the judge allows you to keep the rent, you may get a reduced or even a zero dollar judgment and an order of Possession. Of course, a judge who would cancel your Eviction on these facts could still cancel even if you refunded prior to trial because the Tenant paid. At least this way you have a good chance to win and keep the money. Good luck.
Hi Ernie, if I serve the 14-day notice of unpaid rent on 1/10/22, the tenant paid in full on 2/1/22. Yet the new rent is due on 2/1/22. Do I need to issue another 14-day notice after the grace period 2/6/22 or the original 14day notice can carry over?
@@LandlordAttorney The rental property is located in Fairfax Virginia. The tenant was moved in 4 months ago. Past 3 months were all late over a month. I gave him the 14-day notice on the third month and 14-day was past. When the 14-day notice, his due is one month. At the time he paid that one month, the next month is due. Then I filed the Evict on 15th on the following month. will my original 14-day notice no longer valid? The court date is on 11th of next month. Should I give him another 14-day notice and file another evict on 25th of this month or should i wait for the court date and see if i win the case? Also, the lease ends by the end of next month. I am not sure which way is sooner to make this tenant leave earlier. Hope you can help.
@@patrickchan1000, I'm licensed in Texas. The procedures are different here, so I would be unable to say definitively whether what you have done is in line with Virginia law. Your best bet is to seek out a Landlord/Tenant attorney who practices in your area. Either use Google or contact your local or statewide bar association. Good luck!
That sounds like an illegal lockout. At the very least, it sounds like breach. In Texas you can present your lease to a Justice of the Peace and request a Writ of Reentry.
No. We don't work with attorneys outside of the state of Texas. Sorry about that. You might want to consult The Bar Association of San Francisco. They might be able to point you in the right direction. Best of luck!
Is this property in Texas? Generally, you can keep the partial payment and still issue a Notice to Vacate on the basis of nonpayment because the Tenant failed to pay the full amount.
Its in Texas. The three day notice was delivered on Saturday. I believe this counts as day 0. The earliest we can file for eviction will be on Wednesday or Thursday of the following week? Please advise.
Hi Ernie, Thanks for your very informative and useful info. I leased my guest house in San Diego CA. To an elderly Mexican family in 2016 and their lease expired in 2018 but they have been living in my house ever since. On 6/28/23 i gave them a 60 days notice of eviction due to sale of my property and ever since they stopped paying me rent. They ruined my property by raising goats and chickens and dogs in my back yard in confined caged area on my lot throughout the years! Is this an easy and quick case of eviction due to sale of my property and their non payment of rent for over 2 months and trashing my property ?
Unfortunately, as all attorneys in our Law Firm are only licensed in Texas, we are not able to guide through California eviction laws. I'd recommend reaching out to a Landlord/Tenant attorney in your area. Best of luck to you.
This factor alone probably would not protect a tenant from eviction, however, the court will consider all the facts. If this case is in Texas, you can schedule a consultation with the attorney to review your facts and prepare your case together. Here's the link to book lawofficeoferniegarcia.as.me/schedule.php.
If this case is in Texas, and you are new a title holder with your name is on the title of the house, you can either sign a Lease with the old owner so he can rent proprty from you, or, start the eviction process.
@@charlesphilhower1452 I see. Well, what I've seen in practice is that having more people on the hook either means that, since everyone will be screened the real bad apples will be found out before they ever enter. Additionally, if more people are on the hook, and if they are all equally lisble, the Landlord is likelier to collect at the end of the day.
I was evicted for asking to have something fixed I got a red dot on me and now I got another slumlord that won't fix the roof and I'm on Section 8 so they're going to make me move and move someone else in like they did the last time and don't fix anything and this is Batavia New York and I always paid my rent and I've been here 14 years so I don't like people who evict people unless there's a really good reason there's not a good reason to evict me and there wasn't one the last time
And I could have went without paying my rent for a few months and got it paid for and have money to move if I could find a place but I didn't do that cuz I don't think it's right I have morals on like my slumlord
I thought the moratorium was a farce! Cuz there's so many people that took advantage of it that didn't need it like people on Social Security that I know withheld rent when they had $8,000 and they're on Section 8 so why didn't they pay?
If you have a good tenant and you would like to keep good tenants then you should treat them good and fix things because a good tenant can become a bad one
As I am only lisenced in Texas, I am not able to counsel you on New York Eviction laws. I recommend searching for a Landlord-Tenant attorney in your area. Best of luck to you.
A former friend who paid one month of rent has continued occupying my home for 3 additional months. There is no written lease. How do I make this a-hole leave? I live in Travis County outside Austin city limits, if that matters.
If you live in Texas and had an oral agreement for rent, that friend is currently in breach of that agreement. Deliver a 3-day Notice to Vacate to your tenant for non-payment of rent and be prepared to sue them for eviction if they fail to leave by the deadline.
I was in the same a-hole non-payment no hardship renter. You need to evict him by hiring attorney. Papers has to be serviced to him. It' took me 7 months to get a court date. Eventually after a year he moved out by stimulation of agreement. I know it's annoying and stressful. Hang in there brother
No, but a Writ of Execution can. The difference is that in Texas an Eviction judgment cannot be used as a basis to garnish wages, but it can be used to seize non-exempt property for auction.
As I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction 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 case with them. Best of luck to you!
I have a landlord who doesn't want to fix anything unless he is forced to. He was mad because he had spend replace a water that was 40 years. Now it doesn't heat after 3 years, and it has a warranty to fix it for 6 years. I'll have to have it fixed. 😒
Follow the procedure for repair requests stated in your written lease. Always make your repair requests in writing. If you live in Texas, I know a hot water heater is an absolute, and the Texas Property Code gives you numerous rights in this respect, but you must follow procedures.
@@LandlordAttorney I live Kentucky. The guy is cheap skate. I am close to 70 years old, I'll be 69 in June. He has told me to leave several time then changed his mind and raised the rent. He even owns a resturant where makes good money. I thought about taking him to court, but don't have money. My furnace went on the fritzs last year and automatic fan will not come on , I have turn the fan to on , and it over heats and kicks out the whole system till it cools down. I have been here nearly 4 years. I have to use electric heaters to stay warm. Most power companies have taken advantage of people since they lifted the no cut off law. My bill is current and they Wouldn't accept part payment , they wanted it all. I 'll have it tommorow. I just someone needed to know. 😒
@@LandlordAttorney my water heater went out in June last. It is one of those new type that has an igniter. The mice chewed on the wire , and it will not ignite. So far it hasn't froze yet.
Unfortunately, as I am only licensed in Texas, I am unable to counsel you on Kentucky laws. I recommend contacting the Kentucky state bar for a recommendation for a Landlord/tenant attorney.
@@LandlordAttorney ok I just thought I would some know. They are about 17 apartments where I live and they are old buildings build in the 60's. Just about everyone has to do their own maintaining. I think something will sometime. Thank you.😉
I'm trying to evict a tenant without cause. I gave a 30 day Notice to Quit, and now it has passed the date for him to move out. Unfortunately, his rent is paid through a payee, so nonpayment of rent isn't something I can fall back on. I appreciate your videos for easing my mind on my first eviction.
If the lease is month-to-month and you sent a proper Notice of Termination, the cause for Eviction would be Holdover. Now you can reject rent as the Lease has terminated.
Unfortunately, as our attorneys are only licensed in Texas, we would be unable to counsel you on Florida laws. We recommend searching for a Landlord/Tenant attorney in your area. Best of luck to you.
![[MV] A leap of faith...ความเชื่อใจครั้งสุดท้าย (From "Petrichor the series")](http://i.ytimg.com/vi/U1piZH2CNXA/mqdefault.jpg)
Ernie, This is the best explicit educational video I ever watched on utube. I do respect your professionalism and willing to share to everyone in need.
Thanks. I appreciate your comments.
I have tenants that started heavy marijuana use , and two unauthorized guests . regardless they didn’t follow the lease agreement that had defaulted to a month to month. Anyway the AC was reported to be broken so I scheduled to troubleshoot it. I wasn’t allowed access to a breaker panel in the bathroom. I observed that the ac filter wasn’t being changed monthly and mold had begun to grow in the coil. Non the less , I attempted to coordinate by text to get in to remove a wall panel so a licensed AC man could ohm the capacitors. The response was obviously from a person under the influence of drugs and I couldn’t get the Tennant to comprehend . An AC man just showed up and was turned away by landlord .My next attempt stipulated a trip charge which wasn’t acknowledged or complied with and I was notified by the guest that there was a fire code violation and the house wasn’t safe . So I gave the at will Tennant 3 days notice taped on the door with a picture taken to move out. The tenants still return in the evenings to smoke pot and have not paid the rent. Next I will send a vacate notice by reg mail and attempt to hand deliver it. The male guest appears to be an ex con, the neighbors house was broken into a month ago and turned over. Should I send a vacate notice by reg mail prior to filing for writ of possession or because a hazard supposedly exists should I attempt a speedy remedy?
Hi Ernie, I have watched all of your videos and they are really nice and informational. Here are the late fees terms of my lease -
If the tenant doesn't pay all rent on or before the 3rd day of the month, tenant will pay the reasonable initial late charge of $50, plus the reasonable daily late charge of $15 per day after that date until the amount due is paid in full. Tenant agrees that these late charges are a reasonable estimate of uncertain damages to landlord that are incapable of precise calculation and result from late payment of rent. Daily late charges cannot exceed 12 days for any single month’s rent. Landlord won’t impose late charges until at least the third day of the month.
My tenant is regularly paying rent after 12th, for more than an year now. Currently he is overdue for more than a month and I am finally planing an eviction. I have been charging late fee for more than 12 days (he generally pays rent after 25th), but as per my lease it cannot exceed 12 days for any single month’s rent. Can this cause issues during the eviction judgement? If yes, how can I make amends and continue with the eviction process?
First of all, enforcement of late fees is important for 2 reasons. 1. You want to deter late payment, 2. You want to know whether you are charging too little for your rental. If a tenant is continuously paying extra, your rent is probably too low.
As for Eviction, the state where the property is located makes a difference here. I approach things from a Texas perspective. In Texas, late fees are a non-factor in an Eviction, as they cannot be claimed. A Texas Eviction is limited to rent, court costs, and attorney fees, if applicable.
Hi Ernie, great educational videos, thanks! My issue: the current lease (Bexar County - San Antonio) expires on May 31, 2023. The tenant however decided to move (beginning Jan 20, 2023) to McAllen, Tx. After several trips back and forth moving their belongings the tenant promised to "deep clean" the house and then conduct a walk-thru "some time soon." We had issue with the house being empty but tenant assured me her father-in-law would check the house regularly (they live 5 mins away). Also, they promised to pay the rent thru lease expiration. So, March rent check arrived in my bank account and was returned 3 days later due to ISF. Since the bounced check they've refused to answer my calls, texts, and/or email. BTW, all issues are on the lease they signed. Question, can I provide 3-day notice to vacate (on the door and via USPS) and then enter the house (because I am 100% certain they moved)? Or do I need to go thru the entire eviction process? Any shortcuts? Thank-you in advance.
First, if they have left and removed all of their stuff, there's no way to evict. Do they still have property in the home and the keys? So there was nothing paid for March or April now? You can sue for Eviction if they still have stuff there. Otherwise, you can assume possession and file a civil claim for breach, but, while you can due them in Bexar County, you would have to serve them with notice of the lawsuit in McAllen (Hidalgo County).
Awesome stuff Ernie!!!
Thank you for taking your time to comment, we are glad that you found this video helpful.
Thank you for your content. Is it in the landlords BEST interest to attend court with their attorney? My landlord says it is not necessary but would be 'ideal' if I were present. My tenant is pulling every trick out the bag & is refusing to leave peacefully. My lawyer & I are doing a holdover, although she is 4 months late in rent as well.
I'm glad you find this helpful, and I wish you the best of luck.
Hi Ernie, I'll try and break it down shortly if possible. My tenants moved in without paying anything do to my kindness for weakness and fell for the "Say what you want" to hear scam. Ok my fault, lesson learned. I gave the 3 day notice to vacate in the first week of moving in and ended up going to Precinct court and I won judgement but of course the tenant Appealed and then Paupers appeal but yet paid the monthly rent to the Precinct and tenant got legal aid involved so now going to County Court to start all over. The tenant never paid the monthly payment to County Court and is now the 2nd month of not paying and while driving by the rental I saw that the tenants are in the process of moving with U-Haul on the 8th of the month before the County Courthouse Zoom meeting Court which is in 50 or so days.
Question: If the tenants move and it's abandoned with nothing else in the rental that belongs to the tenants, can I the( Owner/Landlord) change the locks and sell or re-rent the house after a 3 day period or wait the almost 2 months till County Court in SAN Antonio TX
Or do I still have to wait for Writ Of Possession
I haven't seen your Lease or your judgment, but based on what you have shared, you are free to resume possession of the Premises. If you are still unsure or have additional questions, please feel free to reach out. We do the document review during a single consultation. The consultation is $199, and it is available via phone, via Zoom video conference, or in person. To schedule, call us at (832) 305-7694 or book your appointment online at: lawofficeoferniegarcia.as.me/schedule.php
Thank you for your response and reply. Yes indeed I did just that and changed the locks after confirmation of moving and of course brought the Badge man with me before entering premises and he gave authorization to call the house abandoned and permission to change the locks.
What are the penalties for the landlord demanding double rent and additional money for repairs which happen prior to taking occupancy.
When rent was overpaid not being applied to account. Receipts are available to show the landlords wrongful intent?
I'm not sure penalties apply in this situation, but the tenant may have evidence to show that there is Rent credit (or prepayment) available for future rent both for the "double rent" paid and any amounts paid for repairs charged to the tenant without cause. This comes down to what the Tenant can prove.
18:53
I won in court for renter to be evictd , non payment for four months plus 4 cats in the house, lease says no cats. On the last day of the 5 days the tenent went to the court and said they are indigent. Now it is going to a different judge, waiting for her decision. Can i possibly have to basically give them the house if the court rules in their favor.
Give the Tenant the house? That's VERY unlikely. I don't know much about the specific facts of this case, but that is not something that genuinely occurs unless the Tenant has a valid claim to actual ownership.
Hello! Once a tenant has been served, how long is it taking Harris County to assign a court date? Thank you!
This depends on the precinct and the Court. Some are getting setting in 2 to 4 weeks. Others are set at 3 months. In which precinct is your rental located?
@@LandlordAttorney I think it is Precinct 4. It's in Kingwood/Humble 77339. Thank you!!
@@robertgrayson4406, I prefer the Cypresswood court in Precinct 4. It's on the opposite side of 1960, but I've had more success with Landlords out there than I have in Humble.
@@LandlordAttorney you are fantastic 👏 😀 🙌 thanks you so much
My tenant has committed holdover, as well as getting an unauthorized animal and an unauthorized occupant since I issued my NTQ
If you are in Texas, and the Notice was properly served, you can file for eviction on the basis of holdover, unauthorized pet, and unauthorized occupant.
Trying to evict a tenant for non payment of rent. Calculated she was overpaid on her rent. What is the landlord liable for after demanding
Double rent when not owed?
Is this illegal?
What are landlords liable for not rendering peaceful living.
Is this property in Texas? If so, the Landlord can charge late fees if the rent is not paid on time. If the Tenant is timely with her rent payments, late fees do not apply. Here's my video on the topic: th-cam.com/video/d_j9mm_Kdmc/w-d-xo.html
Once the judgement is final, how long can I wait before obtaining the Writ of Possession? For example, if I want to show mercy and wait a few weeks to give my tenet extra time to move before the constable kicks them out, can I do that? If so, how long can I wait?
Generally you have 60 days from the date of Judgment to exercise a Writ of Possession in Texas. It is possible to extend it for an additional 30 days with good cause, but not longer.
My landlord rented a room in a 2 bedroom unit to me,shortly after the 2nd bedroom was rented out to an individual who happened to be a registered sex offender. Unfortunately no steps were taken in any way at all to make me aware of any rights i may have to become aware of this matter.. additionally when the other tenant became aware that I had learned of his status, i started to get threats from him of physical action against me if i make any problems for him. I made an attempt to contact my landlord about this and was told that nothing would be done about it and I should just move out.I stated at this point I would not be paying the rent further until I had received an assurance of some form of action to be taken in regard to the threat..other forms of antagonistic behavior on the landlord's behavior towards me have taken place as well.Now an eviction is being filled against me. What can i do i am very worried that I will not be able to get any help with this. Please respond to this as i am under great stress about where I will end up living (street, car,etc) thank you for your channel, i hope u may be able to advise me on this matter
Does this eviction take place in Texas?
You guys are lucky mine refuses to leave I
Domingo, if this is in Texas and you properly served a Notice to Vacate, you can file and initiate the eviction process.
If the landlord has already sent a certified 30-day eviction letter to the renter and the renter leaves within that time period do the landlord have to go and file with the courts or could the landlord just go in and start working on the house.
I have a video on this very topic: th-cam.com/video/XhQLN-SJVmg/w-d-xo.html
For NJ I sent a notice to cease, now will do notice to quit and will follow with an eviction. Each notice will be 30 days and once i certify mail I will wait a max of three days as a grace period and will than file for an eviction. Tenant is currently month to month. Is this the best approach for non payment of rent and constant late payments
As I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction 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 case with them. Best of luck to you!
Good morning. My husband & I own a home that we allowed my son & granddaughters to live in until we were ready to sell it. There was no written contract, nor did we ask him to pay rent. There was only an understanding that he would pay the energy & water bills which are still in my & my husband's names. Unfortunately, because of his irregular payments, we are paying the bulk of these bills. He has since moved his girlfriend & her children into the home. Currently, neither are providing any monies for these bills nor are they making any attempt to conserve energy & water, creating outrageously high bills. We are paying more for their consumption than ours. We have informed them that we have an interested buyer & they need to vacate. It appears they have no intention of leaving. How should we proceed. I can write & deliver a notice to vacate but I know that will not make a difference so I need to know what our next step will be. Do we need an attorney? If so, is this something with which you can help us? If so, approximately how much will this cost us? These are the questions to which we need answers to decide how to move forward. Your advice is much appreciated.
In cases like these, we recommend having a consultation with the attorney first so that we can guide you through the process and explain your options on how to proceed. Our consultation is $199. If you are in Texas, you can click here to schedule the appointment with the attorney: lawofficeoferniegarcia.as.me/schedule.php.
What if they have moved out already, but are not wanting to grab a few things they left behind and are territorial and don’t want me to go inside to start cleaning all their mess? We had a month to month lease that never got signed so pretty much no lease? Do I have rights to work on my property or do I have to wait until she takes all her belongings? I have a spare key to the property and she left her keys under a Rock in my property
It depends. Is this rental unit in Texas?
Hello Ernie, I have a sole Tenant that is late on payment. I have delivered a Notice to Vacate. In doing so, I've learned that an adult relative is living in the property along with a dog are in the property which were not authorized per the Lease Agreement. I now want to collect information from the adult residing there and charge Pet deposit. How should I best do this?
Is the rental unit in Texas?
Did the eviction moratorium stop Tenants on 6 &12 month leases from being evicted? I dont rent, but I heard month to month is not the way to go, I was told go 6 or 12 month lease because if the landlord wants to evict he can with NO REAL REASON? am I correct? and that I should look for credit scores above 7.0? & hire? Thanks
It did, but the Moratorium is over now.
Why do i have to go to trail. When the least is over for a year.. And they didnt pay they rent in a year
The lease has lapsed, but it has lapsed into a month-to-month tenancy, which either Landlord or tenant could have terminated with a 30-day Notice of Termination or Notice of Non-renewal. The fact of nonpayment gave you the ability to send a-3-day Notice to Vacate any time you wanted. However, the Eviction process is the same after 1 day of defaults or 1,000 days of defaults.
I bought a house from someone whose house was a bout to be foreclosed. The property was deeded to me. A contract was signed by both parties with a move out date. Due to an issue the former owner was facing I gave them an extra thirty days and sent a lease back contract with expected rent amount via certified mail. They refused to sign the lease back and is refusing to move. One of the family members said they paid the back mortgage which I now find was not true. Just sent a 3 day notice to vacate. Question is do I still go through all the steps of eviction process. And can I include the back mortgage that was suppose to be paid already and now I am responsible for? They have been living rent free for a couple of months.
First, the procedural steps you should take are based on the state where the property is located. Are you in Texas?
Secondly, yes, you likely should continue with the eviction process. However, unless your agreement entitled you to some form of payment, I'm not sure that you can recover more than possession of the property
@@LandlordAttorney yes I am in texas harris county
@@tammybrackens980, if you need any additional assistance or want to review your case facts with an attorney, feel free to call our office at 832-305-7694 or click here to book an appointment on our online calendar: lawofficeoferniegarcia.as.me/schedule.php
Is it legal to have a tenet sign a 30 day lease every 30 days to renew? Different from month to month which rolls over, they literally must be out at the end of 30 days if they don’t resign.
Colorado Brad, if you're asking about Texas Law, sure it's legal. The Tenant is not ever required to sign a new lease, but a Landlord can insist that a Lease does not renew automatically.
Thanks for the informative video. My question to you is why do some landlord's offer year lease and some month to month . I'm on the month to month one
A month-to-month lease is easier to end.
@@LandlordAttorney Thanks for the quick response. what does say about the owner. Would you advise one to stay away from Month to month and go for 6 mouths or a year to year , Or it doesn't make much of a difference. I never had a month to month. I feel that owners do that so they can find away to get you out. Not caring about you really. Am I wrong in my thinking ?
@@johnblaws8133, if your intention is to maintain possession for at least 6 months, then you should sign a lease. A month-to-month tenancy can be terminated with a 30-day Notice.
What happens if as landlord you evict tenant yourself without court?
Sounds great. The tenant left without an Eviction lawsuit?
What about adult son and girlfriend won't leave..no lease or money
Unfortunately, as our attorneys are only licensed in Texas, we would be unable to counsel you on Florida laws. We recommend searching for a Landlord/Tenant attorney in your area. Best of luck to you.
Can I represent my daughter in the court to process eviction to a tenant, I did a contract with him since 6 years. But he stopped paying rent
Is this property in Texas? If so, are you asking about Justice of the Peace Court?
I am a tenant in a house and another tenant is always causing problem like stealing the food, throwing the food out of fridge in the mid night I donot have recorded videos of him doing mess but its him. Despite multiple warning he keeps doing the same. Is there any way I can file the case against him?
That depends on your living arrangement. Are you roommates on the same lease? Are you separate tenants renting room in the same house? Are there written house rules that the co-tenant is violating?
@@LandlordAttorney We are not in the same lease. Landlord rents each room to individual separately and all are month to month rent and is oral agreement between tenant and landlord with no any lease signed. Thanks.
@@pujitkoirala8833, unfortunately, without a written lease, it's much harder to enforce your rights, especially against a person with whom you have no agreement. You may want to report these matters to your Landlord. I suggest sending a written letter to the Landlord requesting that the Landlord intervene in some way to allow you to use common space without the threat of theft. Good luck.
Hi Attorney I live California
Hi and thank you for watching!
No written lease on my deceased dad's home. I'm administrator. What is my reason for eviction?
Too few details to answer your question. Who is evicting whom?
I'm evicting a roommate and her boyfriend who refuse to leave. I gave them a 30 day notice to vacate.
@@lisasaldeen2948, if you're in Texas and there's never been a written lease, then you can send a 30-day Notice of Lease Termination to end a tenancy, especially if the tenants are not in default. Did they ever pay rent? Are they current on rent? Either way, it doesn't matter, the 30-day Notice of Termination ends the tenancy. After the 30 days, send a 3-day Notice to Vacate. If there was never a rent agreement, you can simply send a 3-day Notice to vacate, but some judges don't believe that's enough time, so it's risky without the 30-day Notice.
Can you put a 5 day eviction notice in front of door or does it have to be hand delivered?
An Eviction notice in Texas can be posted on the outside if you cannot get in, and you put it in an envelope marked Important document withers the name and address of the tenant, and you also mail it to the tenant in the same county on the same day. Just mail it. It's way easier to do and prove.
Hello sir, i am in Texas. My tenant is trying to pay a partial rent via direct deposit into my bank account after I have filed for eviction. How can I return his money so it does not stop the eviction. Please advise. Thanks
You have the option to show up to the Eviction trial with your check book and let the judge know that you are willing to refund the rent if the court requires it because you want possession. Let the judge make the call. If the judge allows you to keep the rent, you may get a reduced or even a zero dollar judgment and an order of Possession. Of course, a judge who would cancel your Eviction on these facts could still cancel even if you refunded prior to trial because the Tenant paid. At least this way you have a good chance to win and keep the money. Good luck.
Thank you so much
@@samanatif, you're welcome!
Hi Ernie, if I serve the 14-day notice of unpaid rent on 1/10/22, the tenant paid in full on 2/1/22. Yet the new rent is due on 2/1/22. Do I need to issue another 14-day notice after the grace period 2/6/22 or the original 14day notice can carry over?
If there is a new default. Yes, you should deliver a new notice. In which state is the rental property located?
@@LandlordAttorney The rental property is located in Fairfax Virginia. The tenant was moved in 4 months ago. Past 3 months were all late over a month. I gave him the 14-day notice on the third month and 14-day was past. When the 14-day notice, his due is one month. At the time he paid that one month, the next month is due. Then I filed the Evict on 15th on the following month. will my original 14-day notice no longer valid? The court date is on 11th of next month. Should I give him another 14-day notice and file another evict on 25th of this month or should i wait for the court date and see if i win the case? Also, the lease ends by the end of next month. I am not sure which way is sooner to make this tenant leave earlier. Hope you can help.
@@patrickchan1000, I'm licensed in Texas. The procedures are different here, so I would be unable to say definitively whether what you have done is in line with Virginia law. Your best bet is to seek out a Landlord/Tenant attorney who practices in your area. Either use Google or contact your local or statewide bar association. Good luck!
What happens when you signed a legal contract to move in and get keys then they change locks so we can't move in? And wants to void the contract?
That sounds like an illegal lockout. At the very least, it sounds like breach. In Texas you can present your lease to a Justice of the Peace and request a Writ of Reentry.
@@LandlordAttorney thank you! I'm in Michigan. I'll contact a lawyer thanks!
Do you have an attorney working around san francisco¿ I am looking for an attorney to assist me to evict my tenant?
No. We don't work with attorneys outside of the state of Texas. Sorry about that. You might want to consult The Bar Association of San Francisco. They might be able to point you in the right direction. Best of luck!
My tenants paid partial rent via direct deposit and saying they lost the job. Can I return the partial rent and send the 3 day notice? Please advise
Is this property in Texas? Generally, you can keep the partial payment and still issue a Notice to Vacate on the basis of nonpayment because the Tenant failed to pay the full amount.
Thank you so much for replying
Its in Texas. The three day notice was delivered on Saturday. I believe this counts as day 0. The earliest we can file for eviction will be on Wednesday or Thursday of the following week? Please advise.
Hi Ernie,
Thanks for your very informative and useful info.
I leased my guest house in San Diego CA. To an elderly Mexican family in 2016 and their lease expired in 2018 but they have been living in my house ever since.
On 6/28/23 i gave them a 60 days notice of eviction due to sale of my property and ever since they stopped paying me rent.
They ruined my property by raising goats and chickens and dogs in my back yard in confined caged area on my lot throughout the years!
Is this an easy and quick case of eviction due to sale of my property and their non payment of rent for over 2 months and trashing my property ?
Unfortunately, as all attorneys in our Law Firm are only licensed in Texas, we are not able to guide through California eviction laws. I'd recommend reaching out to a Landlord/Tenant attorney in your area. Best of luck to you.
What if tenant is unemployed? Or in disability? Can they still be evicted by
This factor alone probably would not protect a tenant from eviction, however, the court will consider all the facts. If this case is in Texas, you can schedule a consultation with the attorney to review your facts and prepare your case together. Here's the link to book lawofficeoferniegarcia.as.me/schedule.php.
Can I eviction the old owner from a property I just but on a house sale
If this case is in Texas, and you are new a title holder with your name is on the title of the house, you can either sign a Lease with the old owner so he can rent proprty from you, or, start the eviction process.
Sometimes making one person responsible for the terms of the lease makes eviction easier.
Do you mean having only 1 person sign the lease, even if there are other adults who will occupy the premises?
@@LandlordAttorney Yes that way only one person has to be served and held responsible for the occupation of the premises.
@@charlesphilhower1452 I see. Well, what I've seen in practice is that having more people on the hook either means that, since everyone will be screened the real bad apples will be found out before they ever enter. Additionally, if more people are on the hook, and if they are all equally lisble, the Landlord is likelier to collect at the end of the day.
I was evicted for asking to have something fixed I got a red dot on me and now I got another slumlord that won't fix the roof and I'm on Section 8 so they're going to make me move and move someone else in like they did the last time and don't fix anything and this is Batavia New York and I always paid my rent and I've been here 14 years so I don't like people who evict people unless there's a really good reason there's not a good reason to evict me and there wasn't one the last time
And I could have went without paying my rent for a few months and got it paid for and have money to move if I could find a place but I didn't do that cuz I don't think it's right I have morals on like my slumlord
I thought the moratorium was a farce! Cuz there's so many people that took advantage of it that didn't need it like people on Social Security that I know withheld rent when they had $8,000 and they're on Section 8 so why didn't they pay?
If you have a good tenant and you would like to keep good tenants then you should treat them good and fix things because a good tenant can become a bad one
As I am only lisenced in Texas, I am not able to counsel you on New York Eviction laws. I recommend searching for a Landlord-Tenant attorney in your area. Best of luck to you.
A former friend who paid one month of rent has continued occupying my home for 3 additional months. There is no written lease. How do I make this a-hole leave?
I live in Travis County outside Austin city limits, if that matters.
If you live in Texas and had an oral agreement for rent, that friend is currently in breach of that agreement. Deliver a 3-day Notice to Vacate to your tenant for non-payment of rent and be prepared to sue them for eviction if they fail to leave by the deadline.
I was in the same a-hole non-payment no hardship renter. You need to evict him by hiring attorney. Papers has to be serviced to him. It' took me 7 months to get a court date. Eventually after a year he moved out by stimulation of agreement. I know it's annoying and stressful. Hang in there brother
Can a writ of garnishment be used on a eviction?
No, but a Writ of Execution can. The difference is that in Texas an Eviction judgment cannot be used as a basis to garnish wages, but it can be used to seize non-exempt property for auction.
MIAMI? ALASKA??
Texas
Are you licensed in Az
As I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction 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 case with them. Best of luck to you!
@@LandlordAttorney can you refer?
@@pamelahikes6537 sorry. I wish I knew someone.
I have a landlord who doesn't want to fix anything unless he is forced to.
He was mad because he had spend replace a water that was 40 years. Now it doesn't heat after 3 years, and it has a warranty to fix it for 6 years. I'll have to have it fixed. 😒
Follow the procedure for repair requests stated in your written lease. Always make your repair requests in writing. If you live in Texas, I know a hot water heater is an absolute, and the Texas Property Code gives you numerous rights in this respect, but you must follow procedures.
@@LandlordAttorney I live Kentucky. The guy is cheap skate. I am close to 70 years old, I'll be 69 in June. He has told me to leave several time then changed his mind and raised the rent. He even owns a resturant where makes good money.
I thought about taking him to court, but don't have money. My furnace went on the fritzs last year and automatic fan will not come on , I have turn the fan to on , and it over heats and kicks out the whole system till it cools down.
I have been here nearly 4 years. I have to use electric heaters to stay warm.
Most power companies have taken advantage of people since they lifted the no cut off law.
My bill is current and they Wouldn't accept part payment , they wanted it all.
I 'll have it tommorow.
I just someone needed to know. 😒
@@LandlordAttorney my water heater went out in June last. It is one of those new type that has an igniter. The mice chewed on the wire , and it will not ignite. So far it hasn't froze yet.
Unfortunately, as I am only licensed in Texas, I am unable to counsel you on Kentucky laws. I recommend contacting the Kentucky state bar for a recommendation for a Landlord/tenant attorney.
@@LandlordAttorney ok I just thought I would some know. They are about 17 apartments where I live and they are old buildings build in the 60's. Just about everyone has to do their own maintaining. I think something will sometime. Thank you.😉
I'm trying to evict a tenant without cause. I gave a 30 day Notice to Quit, and now it has passed the date for him to move out. Unfortunately, his rent is paid through a payee, so nonpayment of rent isn't something I can fall back on.
I appreciate your videos for easing my mind on my first eviction.
If the lease is month-to-month and you sent a proper Notice of Termination, the cause for Eviction would be Holdover. Now you can reject rent as the Lease has terminated.
Browardcounty,fl
Unfortunately, as our attorneys are only licensed in Texas, we would be unable to counsel you on Florida laws. We recommend searching for a Landlord/Tenant attorney in your area. Best of luck to you.
What about adult son and girlfriend won't leave..no lease or money
Here's a video on the topic:
th-cam.com/video/ddcdXJom8A0/w-d-xo.html