Do THIS if your tenant appeals an eviction
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- เผยแพร่เมื่อ 30 ก.ค. 2023
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If you're a Landlord who has never had to deal with an Eviction appeal, I genuinely understand why you might be nervous about it. It's taken me over a decade to gather all of the experience I have, so I feel pretty confident about eviction appeals, even when the unexpected occurs. The key to recovering rental property quickly in an Eviction appeal is to start the process from the strongest position possible and to pay close attention to the Tenant's deadlines and obligations along the way.
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"Don't just look for better Tenants. Continually look for ways to be a better Landlord, and your business will thrive."
--Ernie Garcia
The Law Office of Ernie Garcia represents Landlords in various trial cases in Texas Justice Courts, County Courts, District Courts, and even U.S. Federal District Courts in the Southern District of Texas. While our office is located in Houston, Texas and many of our cases are in Harris County, we have represented clients in Courts all throughout the State of Texas.
Our Landlord clients look to the Law Office of Ernie Garcia to send demand letters to tenants who have breached their residential or commercial leases. We prepare petitions for Eviction and represent Landlords, Investment Companies, and Property Managers involved in Evictions at the Justice Court and in Eviction Appeals.
The goal in every Eviction is full and final resolution, which sometimes includes Judgment, Writ of Possession, Abstract of Judgment, Writ of Execution, and even settlement. We also defend Landlords whose Tenants sue them in these same courts with claims for repairs, security deposits, or a variety of other Lease disputes.
Additionally, Ernie Garcia assists Landlords with drafting Leases that comport with the Texas Property Code and puts the Landlord in a firm position to derive the best benefit from the Landlord/Tenant relationship. He routinely delivers Notice to Vacate, Notice of Lease Termination, or Notice of Non-renewal for Landlords seeking to end a Lease relationship with a bad tenant. Ernie Garcia shows clients how the Eviction process can improve Tenant cooperation and reduces the potentially enormous losses that come from continued instances of partial and late payments.
Ernie Garcia has over 10 years of litigation experience in jury trials and bench trials. He has also represented clients on appeal to the First and Fourteenth Texas Courts of Appeal.
Through the years our philosophy has never changed. We are here for the benefit of our clients, and we seek to improve situations and to create innovative solutions to conflicts that affect the property, accounts, and business assets of the people we represent.
To contact us by Email: Info@attorneyEG.com
Call or Text: 832-305-7694
Visit us online at: attorneyeg.com/index.html
The information and materials made available on this video are provided by The Law Office of Ernie Garcia, PLLC for informational purposes only and do not constitute legal advice. The transmission and receipt of the information in this video does not form or constitute an attorney-client relationship. Individuals receiving said information should not act upon it without seeking professional legal counsel.
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Because of you I beat my landlords who took me to county court 3 times in 4 months. They even took me to paupers affidavit eligibility case. All to spite me. I appreciate you!
You're welcome. My educational content is for everyone. I'm glad it helped you.
Thank you for your advice. I really appreciate it. This is my first time renting my property and its been hell because of my tenants. I was so clueless and scared, but not any more thanks to you.
@@joshualtc Glad to hear it. Best of luck!
I can’t imagine any tenant not filing with paupers affidavit. They never want to pay into the registry. They just want to delay you
If they are required to pay rent into the Court's registry and don't, you should be entitled to an immediate Writ of Possession, at least in Texas.
you're the best attorney Mr Garcia. Learned a lot from you.
That's very nice of you. I'm this has been a helpful video.
Thank you so much for this video! I watched it 4 times to make sure I understand what to do next.
I'm glad you found it helpful. We've got lots of other helpful videos, and we're here to help if you need anything further.
THANK YOU SIR, FOR ALL YOUR ADVICE! I'M LEARNING SO MUCH FROM WATCHING YOUR VIDEOS.😊
I'm excited to hear that, and I'm glad you find this content helpful.
Thank you!!❤,i definitely will lean more towards you and your channel once i decide to rent out my condo. You make me proud to be a texan even more lol😫🤠🤘🏾🤘🏾
Glad to hear it.
Thank you so much!!
Glad it helped!
Great info.👍
Thanks.
Great video!
Thanks so much.
Thank you
You're welcome. We have new content out every day!
Your videos are much appreciated! The eviction has been granted; after which I’ve filed for payment of Rent owed, which is taking 7 months before an hearing will be held remotely. Any thoughts on what’s to be expected?
I'd need a bit more information. What county?
Thank you for your videos, just wish the laws were the same in California..
I appreciate it.
The rented property is located in Pennsylvania. Recently, as a landlord, I was granted possession and judgment in my favor as a plaintiff in an eviction hearing.
On the 11th day after waiting 10 days and including the tenant doesn't appeal, can I make entry into the dwelling to see if they have vacated the residence if it appears that the tenant is no longer there? Additionally, can I start repairs and change the locks if the inside of the residence is void of personal belongings?
If it appears they are still occupying space then I understand that I need to file a "Request for Order for Possession" with the court and then wait for an additional 10 days before having a Constable remove them and changing the locks.
I know that in Texas, the Landlord generally can enter to inspect as long as it can be done in a reasonable and peaceful manner. If the unit is 100% vacant, we tell Texas Landlords they can change the locks and recover possession immediately. If not 100% vacant, it's a little more complicated.
Thank you for these videos. I'm an attorney, however this is not my area of expertise. I've never had to evict anyone and I'm a fish out of water. They are being evicted for damage to my property. I need to know if I can get a supersedeas bond for the damage amount.
If you've got a case in a Texas Court, your award is limited to unpaid rent, court costs, attorney fees, and interest. The supersedeas bond in Texas is generally established by the county court on appeal and is routinely set at 10 times the monthly rent before a case is appealed up to the Texas Courts of Appeal.
We served our tenant with a Notice to Vacate based on unpaid rent for 4 months, after which they requested a jury trial and appeared with legal representation. During the trial, they claimed retaliation and mentioned sending an email that we did not receive. Additionally, they were not up to date on their payments at the time.
Regrettably, we lost the case due to a technicality-we did not submit the necessary supporting documents, despite having them available. We now seek to appeal the decision. We reside in Dallas, and the property is situated in Denton County. Would you be able to represent us in Dallas for the appeal? If so, what would be the associated cost?
Yes, we'll be happy to help you. To start, you can either book an appointment with one of our attorneys here lawofficeoferniegarcia.as.me/schedule.php or you can email us as info@attorneyeg.com, and we'll take it from there.
Sir good afternoon ,so I did an eviction this week how long thoes I take for them to get serve ? And also of the judge rules on my favor how do I know if they Appel sir ?
For both of these questions, it's going to matter deeply where you filed your eviction lawsuit. Different states have different procedures. In Texas (where I practice), service generally occurs in 1 to 2 weeks from the date of filing, and the court informs a landlord if a tenant has appealed a judgment.
Today I have an Eviction Appeal Hearing on Fort Bend County Associate Court, I do not hire attorney because of no money. I efiled and submitted all notice and documents to County Court before hearing and county court office accepted all documents. However, today the Judge refused to talk my case, he only said I didn't submitted evidence, and requested me to hire an attorney. I waited for 2 months for today hearing but no result. My tenant only paid the first month rent to the county court, then paid the second and third month rent to me directly. I don't know whether the Eviction appeal case be dismissed?
Unfortunately, this is one of the risks of handling an eviction appeal without help. The County Courts are often less helpful than the Justice of the Peace, and the rules for submitting document are different. If you would like to book a consultation to have one of our attorneys review your evction appeal, feel free to call us at 832-305-7694 or click this link to schedule your own appointment on our online calendar: lawofficeoferniegarcia.as.me/schedule/9c0f0366
What happens if the tenant has a section 8 in the middle of the lease loses their benefits and housing stop or hold payment what I can do
You can typically sue to evict for nonpayment. You would like need to give a 30-day Notice to Vacate, though.
Please need advice. being evicted disabled senior live there over 62 years .I sent payment and he's using late 16 days to evict me. I paid owe nothing .How was he able to evict me if I paid rent ? What do I do ?
@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.
What happen they moved out but still appeal because they want to remove eviction from their record? What will happen in appeal court?
Depends on the judge. The better question is, why continue with the case on appeal? Are you genuinely interested in the judgment? If so, proceed to trial and prove your damages. If not, you can simply dismiss the case.
🤮
I’ve been given a date to pay tomorrow or he will file for an eviction? I’m only behind 2 weeks and he broke our verbal agreement for us to pay next week. And now He said he will file tomorrow. How does this work? Will I get a court date when they serve me?
Depends on your state. Evictions are generally pretty quick, but you may still have time to work things out. Make sure that, if you do, you get it settled in writing.
Hi ernie i have a question if tennat appeal the case and deposit the rent on october 31st at jp court will she have to make another month of rent to the county court for the month of november? Or the rent will be applied to month of november thanx
Technically, rent for November is also due on November 1. However, if the tenant paid into the Justice Court registry on October 31, then there's no way the JP Court would have transferred the file to the County Court in time for November 1. Eventually, Notice of the transfer will come through, and you will receive a new Court number, new judge, and new case number.
@@LandlordAttorneythank you ernie so a motion would be an option to this case?
@@alehg31 It's an option, but I wouldn't expect the court to grant it 100% of the time. If you have a tenant favoring judge, they might deny the motion. Is it worth a try? Maybe.
@@LandlordAttorneycan you represent me even though the case is out of houston? I'm close to waco...
My tenant filed an appeal but did not pay anything into the court. We now have to go another month (April) with no payment until our new court date in April. How did she not have to pay to stay?
Not sure. Are you in Texas? Did you have the right to request an immediate Writ of Possession? Do you still have that right?
@@LandlordAttorney Yes, I am in Dallas, TX. We don't have another court date until April because the courts are backed up. Can we request an immediate Writ of Possession before the court date? There was no money put up when the appeal was filed.
@hollihaddix4491 First, you need to be certain that they were first required to pay into the court's registry upon appeal. If so, then you must contact the county court to see if you can set a hearing on a motion for immediate Writ of Possession sooner than your current trial date. If so, then you might get possession quicker. If not, then you will have to wait until trial.
I went to court on the 30th of April I won my judgment on default she was a no-show her mom was 2400 and but before I went to court she had already had it over the keys to the rental property so I didn't have to ask for my house back she had already surrendered the keys but later on I received a letter stating you know that she has to pay the 2400 Bond and a certain amount of money to me and the court costs and they gave her 5 days to appeal so what happened if she already have given me my house back
It sounds like the tenant did not appeal within 5 days. This means that your judgment is final. Now you can Abstract your judgment and begin collection.
Here is a video on that topic: th-cam.com/video/PELpudXya04/w-d-xo.htmlsi=NBIzQ5HOvjGlWVpC
All tenants isn't bad how about the property management that is stealing the tenants money and say the tenants not paying and the judge only go by the property management and the lease but you have money orders recipient but they say you broke your lease
I'm not saying ALL tenants are bad. My advice is for a landlord who wants to evict a tenant, but that tenant has appealed. Whether the tenant is good or bad has no effect on whether they can appeal or what a landlord can do about it.
Hi I received a 24 hour eviction notice due to a 2 month unexpected hardship but my landlord for this community sent me an email inviting me to apply for an alternative rental assistance program, I have 2 little babies as well as a new job I just started recently. I’ve been in the process of getting rental assistance since my landlord sent it to me, I submitted all documents to the program I’m just waiting for approval, should I write a Motion To Stay and bring to the court early morning to stop eviction?
I'm not sure where this eviction takes place, but you certainly should do everything you can to work with your landlord to make sure this rent gets paid. The court in your jurisdiction may allow you additional time under these facts, but, without more information, I couldn't tell you for sure.
Thank you, this is in Broward county in Florida
Unfortunately, as all attorneys in our law firm are only licensed in Texas, we will not be able to guide you through Florida laws. I'd recommend reaching out to a landlord/tenant attorney in your area and seek their advice. Best of luck to you.
What happens if a tenant paid with a check then it bounced, do you retake them to court or proceed with the original judgment?
In Texas, the bond cannot be paid with a check.
No I paid my rent with check via tue portal and I'm at a 0 balance but it wul return to the original balance owed when the check bounce
Will that effect my apeal bond in any way
@JeannineLewis , I don't know enough about your case or what state this is in to know what effect this might have.
@LandlordAttorney I'm in Houston
What happens when the landlord is? Not a landlord at all?
I live in my grandparents house.
They are deceased
County assessor has them
as sole owners on the title.
No will, no probate.
But my aunt is suing me for eviction.
And
I’ve been paying the mortgage for three years.
How is this legal?
If your aunt is a natural heir, especially if she is the sole heir in a will, then she could prove that she is otherwise authorized to manage the property.
@@LandlordAttorney
Nope
7 heirs before her
My mother is the oldest heir/oldest child.
This woman is the third child out of five.
With three deceased older than her,
that have children living children.
&
If there was a will
would all the property
still be in my deceased grandparents name?
Isn’t that the purpose of probate?
To guide the intentions of a will?
PS
She also burned down another estate property two years ago
Bought a second hand dryer
It hasn’t been rebuilt yet.
She didn’t have insurance.
I think
because insurance won’t write the check in your name
if your name isn’t on the title,
so I figured she saved the money.
$600,000 house and a total loss.
We don’t know how it can be rebuilt
it hasn’t been
Is this property in Texas?
@@LandlordAttorney
California
Does the cash bond goes towards the rent owe?
A cash bond can be applied toward the judgment if the Landlord secures a judgment on appeal.
Is there any way for a tenant to stay in the house after eviction? I love my house but due to hardships… I wasn’t able to pay my rent on time. We got an eviction notice with 24 hours to vacate. I have a wife who can’t work due to health issues, and four kids, three of which have health issues that requires more time and attention for doctors visits and such. Is there any way to make this work?
If the basis for the Eviction is nonpayment, you might be able to stay if you received rent assistance from a government or private donor. You might still be appeal to file an appeal. You may also be able to file for bankruptcy to stop the Eviction, but each of these options is temporary.
@@LandlordAttorney thanks for replying. Really appreciate it. We are still in the home making payments but late fees accrue everyday $30 a day and it’s like I’m just trying to catch up. He has already sent letter to sue everyone in my house, including my kids. I’m worried that we won’t have a place to live, but I’m working my butt off to try and get as much money as quick as possible.. if he said that if we can pay , we can stay, with late fees adding up, I’m worried this isn’t possible.
@dadbadatgames8854 When I counsel clients in the position, I like to tell them that they need at least 1 backup plan. It sounds like you're trying hard to get caught up, and hopefully that happens for you, but you may also need to start developing an exit strategy in case you are not mathematically able to catch up and will be evicted any way. If an eviction hasn't been filed yet, this is the best time to begin looking for a new place. Once the eviction is filed, certain doors will inevitably be closed. However, by starting the process now, you'll have more control over the outcome. Good luck.
You should be getting disability for your disabled children based on your wife's disability if you're not then you need to file. Then you could afford to pay your rent if they're not qualified you're going to have to find a more affordable place to live.
Where is a tenant attorney lol. I need some representation here.
You can generally contact your state or local bar association to find an attorney who represents tenants. In what state do you reside?
Can you help with la county?
I cannot. I'm licensed in Texas.
I have a tenant that have stopped paying rent she is behind including late charges 3200 but when I went to court they said you cannot include the late charges so she's behind a month and she owes for the the month before which she said she was going to pay the other half of that month in March from February to March I tried to work with her constantly try to work with her and it seemed like she just always had excuses why she couldn't pay the rent or when she would give me a date that she was going to pay me I contact her about it and it's always something it changes to another date and to a different date and to a different date and it went on for a half of a month so I decided to just serve her with the eviction notice she said her friend told her to just walk out and not pay her rent this is what she told me and then she also said her friend told her to just sit there until they serve her a court date to go to court so right now she is just sitting in the house waiting for to be served she have not tried to make any attempt to try to pay me not even a penny
Is your rental unit located in Texas?
@@LandlordAttorney yes
@@LandlordAttorney I went to court and we are scheduled to go to court on the 30th so that means that she's been in the house for March now she's going to be there for April until the 30th of April to go to court I don't know what to expect and I don't know why would she want to put herself through that knowing she have not paid any rent. There is not a time that she would tell me she needs something over there I don't care if it was in the middle of the night I would take care of it it was one particular time I asked her to make sure she runs the water because it was going to be very cold she lied to me and told me she did it then the next day she said she forgot and that caused me to have to put out some money to have somebody to go over there and fix the pipe that busted due to her negligent I'm not running the water so I'm wondering how is why does she want it to go to court if she hasn't paid anything now my nephew told me that he went over there the day that she's supposed to have been out she said she was waiting to be served and she was waiting also to see about getting on some type of at least housing or some sort I just don't understand this girl I have been so nice to her as a landlord
It will likely benefit you to set up the consultation so that the case can be discussed with one of our attorneys. You can either call 832-305-7694, or you can click here: lawofficeoferniegarcia.as.me/schedule.php to book an appointment over the phone.
Can i get a consultation
Are you in Texas? I can only advise clients with Texas cases. If so, call 832-305-7694 or click on this link: lawofficeoferniegarcia.as.me/schedule/9c0f0366
I need your help !!!! Please
Are you dealing with an eviction appeal in Texas? If so, feel free to call 832-305-7694 to set an appointment to discuss your case, or you can click here to book a consultation on our online calendar: lawofficeoferniegarcia.as.me/schedule.php
Is not in Texas is IL
@@Jennycaldron unfortunately, I'd be unable to assist you. Check out your state's bar association for a possible referral to a local landlord/tenant attorney licensed in your area.