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Ernie Garcia, Landlord Attorney

Ernie Garcia, Landlord Attorney

Күн бұрын

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Many Landlords are totally freaked out by the prospect of mold on their property, and, if you have a mold problem, you should work to get rid of it. It doesn't make sense to leave this kind of issue completely up to the tenant. If mold is growing, you need to make that stop. If it's damaged your rental property, you need to repair those damages. But what do you do when your Tenant claims illness due to mold? If mold is definitely there, are you on the hook for all of those medical costs?
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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.

Пікірлер: 37
@ebvisionnetwork8758
@ebvisionnetwork8758 11 ай бұрын
I find what you’re saying interesting, I am a tenant, also previous landlord, I moved into a place no sight of mold. Completely new sheet rock. I spoke to management face to face about water and mold growing in my basement after moving in.: the maintenance manager said in front of manager I know about it and described where it coming from. I sent text and sent pictures. I emailed with pictures. I am sick, throwing up, and bad headaches, I am dizzy and nauseous all the time. I have just been put on 2 types of medication… more and more water filling up in basement, smell is awful. Manager completely aware with pictures. Now I am getting a lawyer.
@LandlordAttorney
@LandlordAttorney 10 ай бұрын
Getting an attorney is a good move here, especially if you are feeling ill due to the condition. Best of luck.
@nap41123
@nap41123 3 ай бұрын
Wishing you the best 🙏
@InspiredByEbonyLove
@InspiredByEbonyLove 15 күн бұрын
MOVE out please. If not your things at least YOU
@BabyGirlMondayBrockMcKinley
@BabyGirlMondayBrockMcKinley Жыл бұрын
I lost my hair and have MS type symptoms from the mycotoxins toxic mold gives off . They can find out what type of mold by testing the mold in house and multidimensional in blood come from same source. It’s very serious but a very difficult lawsuit the tenant would most likely lose .
@were_all_fact6026
@were_all_fact6026 Жыл бұрын
We had a mold issue from a leak. Remediation and repair took over a month. The kitchen sink/dishwasher along with one of the two counter tops was out of commission during that month. What would be a reasonable abatement ask for a rent concession? I could find no guidance on this and would appreciate any input. Thank you for taking the time to answer most of the comments you receive.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
If this is a rental in the State of Texas, I can point you to Property Code Section 92.054(C). Landlord and tenant can either come up with a diminished value by agreement, or the tenant can sue in County or District Court for a judicial determination.
@nap41123
@nap41123 3 ай бұрын
How about in New York and have test results that are ridiculous? They said they fixed 7 years ago but it grew back. Also my child was born a year after moving in and was exposed to it as an infant, and now has bad asthma problem, which has been going on since. Now I have to take legal actions to protect my family.
@LandlordAttorney
@LandlordAttorney 3 ай бұрын
I'm not sure about NY law, as I'm only licensed in Texas, but you can consult with a local attorney to know your specific rights there.
@nap41123
@nap41123 3 ай бұрын
@@LandlordAttorney thank you for your replying. This is the 3rd time I had to move from apartment complex here. They don’t understand how bad mold and asbestos can be. You said it in one of your videos that all they do is paint over it and that all. That cracked walls and what damage also my floors are raising again. We did have mold, inspectors come and they said it was not suitable for us to live here. The Penicillium/Aspergillus was 48,000% inside my living and out side was 17,000% outside! Smh
@Ducklesworth
@Ducklesworth Жыл бұрын
We have been having a smell of mildew coming from our HVAC system. I took a sample of the air from the furthest vent and cultured it. Mold started to grow. We requested and investigation/remediation of the unit. The property manager immediately suggested we be released from our lease. I cannot afford to move and we like our apartment they use TAA. Can they kick us out over this? If I had known she'd be so hostile I would have suffered In silence. We are scared we will lose our home now. Can they do this? Edit its been like this since before we moved in
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Are you still within a lease term, or us this a month-to-month tenancy? In it's month-to-month, and if you are in Texas, the Landlord can probably terminate the lease with a 30-day Notice of Termination even if you are not at fault.
@lamuertte
@lamuertte 9 ай бұрын
What if the mold repairs are so extensive, you want to break the lease. Can a tenant still stay despite the potential health risks?
@LandlordAttorney
@LandlordAttorney 9 ай бұрын
When a unit is partially uninhabitable, it is Landlord's duty is to go in an make repairs. If the Tenant wants to stay at that time and use the rest of the unit, they are free to do that.
@LostOnLandAgain
@LostOnLandAgain Жыл бұрын
Who is responsible for paying for the mold test? The tenant or the landlord?
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Generally speaking it depends on why the test is needed. If Landlord can point directly to the tenant as the cause, Landlord can assess these fees on the tenant. However, if the Landlord cannot prove that the condition was caused by the Tenant without fault on the Landlord, then the landlord is on the hook for these costs.
@monterreymxisfun3627
@monterreymxisfun3627 Жыл бұрын
Excellent advice during key handover! A very common cause of mold is clogged air conditioning drains. Tenant's: If water is coming out of the emergency overflow over the bathtub, that's a huge problem. Landlords: If a tenant reports a clogged air conditioning drain, take it seriously.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Yes! Paying attention to the AC is huge in situations like this. An ounce of prevention is so much cheaper than replacing drywall or installing a new AC, and clogs like this are not difficult to fix, but they can lead to significant damage. Thanks for sharing.
@InspiredByEbonyLove
@InspiredByEbonyLove 15 күн бұрын
If you didn’t have respiratory issues before flooding or mold and you can smell the mold in the air and you get respiratory infections and headaches and sickness. Go the hospital and speak to an attorney . IT IS THE MOLD!!! Especially if you can SEE it growing out of your walls. Don’t be stupid and stay in moldy place based on what an attorney or landlord says about it not being dangerous to your health. City inspector told me do NOT sleep there. Open all windows when going in to get things out and always wear an N95 mask. As soon as I told the doctor what environment I’d been in she said it confirmed her suspicions about my respiratory issue being FUNGAL ie from MOLD. Talk to a medical professional about your health and/ or someone who deals with mold and safety
@LandlordAttorney
@LandlordAttorney 14 күн бұрын
Thank you for sharing.
@BabyGirlMondayBrockMcKinley
@BabyGirlMondayBrockMcKinley Жыл бұрын
And the problem is not the landlord it is untrained maintenance and inexperienced leasing agents .
@sharonbennett9572
@sharonbennett9572 10 ай бұрын
Exactly
@josealatorre6837
@josealatorre6837 3 ай бұрын
But who hires them the landlords it’s their job to get professional help you get what you pay for
@sircampbell1249
@sircampbell1249 6 ай бұрын
Sue the slumlords
@LandlordAttorney
@LandlordAttorney 6 ай бұрын
Yes, sue the slum right out of them! Really, guys. I mean it. You really should sue bad landlords. You should appreciate the good ones, but definitely sue the bad ones.
@quotestotez1676
@quotestotez1676 8 ай бұрын
You need to be aware of tenants that have prior health issues. Have your rental unit tested. My apartment has Penicillin/Aspergillius mold at a moderate level, this puts those with health issues in the high risk category. Mold grows behind walls, on roofs, because of insufficient ventilation or refusal to repair properly. Stop ignoring your tenants. They don't want to live in filth, that is why they reported. Complaint = Report Repairs Needed. You have to have a blood test and possibly a lung biopsy to prove the illness was caused by the mold, while landlords cover up and deny, deny, deny. This advice will get you into a lot of trouble.
@LandlordAttorney
@LandlordAttorney 8 ай бұрын
This is actually a two-way street. The Tenant also has a duty to inform the Landlord of any need raised by their medical conditions. A landlord cannot be aware of all things that concern the tenant if the tenant withholds information. This is why it's important for landlords and tenant to have open and routine communication with each other.
@quotestotez1676
@quotestotez1676 7 ай бұрын
When they make it a law I must disclose my medical history as one must with MOLD, I will. HUD, The Montana Department of Commerce Housing Division and Tamarack Property Management must be held accountable.@@LandlordAttorney
@Alexa-uk8lj
@Alexa-uk8lj 10 ай бұрын
1:20 interesting you blame the tenant when mold can start in the walls and most landlords aren't checking for mold.
@LandlordAttorney
@LandlordAttorney 10 ай бұрын
Come on. I said "if" and I said "partly to blame." But, yes, landlords do need to inspect in order to catch a leak before it becomes more problematic.
@samkurz
@samkurz Ай бұрын
You can tested through blood test now. A landlord should want to get mold out of his investment. Mold can spread and damage property and kill humans. There is no excuse to allow this to happen.
@LandlordAttorney
@LandlordAttorney Ай бұрын
I agree that mold can be a problem, but I personally have not come across a single mold-related death in my expereience.
@good4gaby
@good4gaby Жыл бұрын
Fix it. FIX it.
@Mountaineer506
@Mountaineer506 6 ай бұрын
DO NOT LISTEN TO THIS MAN. This video of full of landlord lies. Look into your city code and call code enforcement.
@LandlordAttorney
@LandlordAttorney 6 ай бұрын
Nah. You can listen to me. I'm cool.
@Mountaineer506
@Mountaineer506 6 ай бұрын
@@LandlordAttorney federal and state code would disagree. You probably are cool just doesn’t mean you’re right.
@LandlordAttorney
@LandlordAttorney 6 ай бұрын
@tylerbarnhart5215 I'm not sure which federal or state codes make me wrong.
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