Tenant Eviction Appeals

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Ernie Garcia, Landlord Attorney

Ernie Garcia, Landlord Attorney

Жыл бұрын

If you are a brand new Landlord, you have a lot to learn about Landlording and how to deal with Tenants. Even more complicated is the world of the Eviction Court. If you have never filed for Eviction or have never had to enforce an Eviction, consider yourself lucky, but, for as long as you're in the Landlording game, you will need to know how to manage your Eviction. Specifically, you'll need to be aware of the chances for your Tenant to APPEAL!
Book your appointment with him directly at lawofficeoferniegarcia.as.me/...
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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: 196
@charlesphilhower1452
@charlesphilhower1452 5 ай бұрын
One thing I learned in New Jersey tenancy court is that by getting a tenant to sign a court approved agreement for back rent on a court supplied form that by signing this the tenant is signing away the right to appeal if the tenant defaults on the agreement and the eviction will go right through at that point.
@LandlordAttorney
@LandlordAttorney 5 ай бұрын
It's good to know the rules.
@JohnSmith-wg7yf
@JohnSmith-wg7yf 9 ай бұрын
Ya, thats why Landlords are careful before the contract is drafted. Pre emptive action is far easier to live with.
@LandlordAttorney
@LandlordAttorney 9 ай бұрын
100% correct.
@mudderjen
@mudderjen 7 ай бұрын
These laws need to change.
@LandlordAttorney
@LandlordAttorney 7 ай бұрын
It's always good to reach out to our state representatives and let them know how we feel about the laws that do not function properly.
@winning3329
@winning3329 2 ай бұрын
I'm a good tenant and paid my rent on time and mind my business and I am being evicted by lies because I reported a leak to the city.
@mywifeishotterthanyours7199
@mywifeishotterthanyours7199 5 ай бұрын
I pay my rent every month on time without fail. I’m being told I’m going to be evicted after I filed for full custody and my wife claimed I choked her and fled the state with my kids. I can’t even go to my apartment and they never game an opportunity to go get anything. I’ve been staying at my dad’s house. She isn’t even in the state. The failed to serve her in time on several occasions. Now they’re trying to evict me based on my “charges” that I pled not guilty for and haven’t been tried for. These people are attempting to evict a 80% disabled vet who pays his rent with his disability check based on heresay. I’m planning a lawsuit after all these charges get dropped.
@LandlordAttorney
@LandlordAttorney 5 ай бұрын
This sounds like a Family Law case. Best of luck to you.
@alexandrafeliciano8861
@alexandrafeliciano8861 Жыл бұрын
I really need some guidance on a current issue with my landlords. I would so love and appreciate getting time to speak and see what you recommend I do to further go from here. Ty again ❤
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Is your rental located in Texas? If so, you can call us during normal business hours at 832-305-7694, you can email us at info@attorneyeg.com, or you might benefit from a 30-minute consultation. The fee is $199. To set this up, feel free to call our office or click here to book your own appointment online: lawofficeoferniegarcia.as.me/schedule.php
@razorramoneljefe5956
@razorramoneljefe5956 7 ай бұрын
My friend rented out a room in his home the guy was never on time with his rent gave payments rent was $600 a month buddy told me he showed up to the brand new window he had installed the screen was damaged and this guy did mechanic work on the driveway and didnt even bother to clean up his mess 3months without paying rent and the justice system is slow on evicting this guy this is California for anyone renting just dona background check, have them show you a pay stub my buddy didn't do it come to find out the guy has a record and no steady job my buddy is not renting out to anyone after this because of how much priveledge these flakers have in your own house /property
@LandlordAttorney
@LandlordAttorney 7 ай бұрын
Being a Landlord seems like it's just having property and getting money, but there's so much more involved and a lot of risk.
@razorramoneljefe5956
@razorramoneljefe5956 7 ай бұрын
@@LandlordAttorney worse when ppl think your some sort of a millionaire having a house
@pattybarrera7879
@pattybarrera7879 5 ай бұрын
Did he ever get evicted?
@user-fg4bc8lz2z
@user-fg4bc8lz2z 5 ай бұрын
I appreciate your input, but I live in Kansas where leasing managers are drug dealing, selling weed to tenants, and when I reported them I became under attack on daily basis even after moving to a different apartment complex, no law firm accept to take them to court even with the overwhelming evidences that I have against them.
@LandlordAttorney
@LandlordAttorney 5 ай бұрын
I'm sure if you have an actual claim that there's some attorney out there that can take the case. The big question might be, what's to gain from winning this claim? Why would it make strategic sense to challenge these particular managers?
@Max-kj4ln
@Max-kj4ln 6 ай бұрын
I have court coming up to evict a tenant from my property, he has hasn’t paid rent for the month of January which is his last month of his lease. He stopped answering my calls and texts and I even asked if him if he was sure he wanted to go this route and he never answered me. His lease ends January 31st and that’s the day we have court. Does he have a chance to appeal?
@LandlordAttorney
@LandlordAttorney 6 ай бұрын
The tenant has a right to appeal by virtue of law.
@Truth-Sikher
@Truth-Sikher 5 ай бұрын
Within how days after the judgement can the tenant still file for appeal?
@LandlordAttorney
@LandlordAttorney 5 ай бұрын
@@Truth-Sikher From a Texas Justice of the Peace, no more than 6 days.
@pattybarrera7879
@pattybarrera7879 5 ай бұрын
Good luck. My sister has some tenants that won’t leave and they haven’t paid her for 6, months. Now they’re suing her 🙄🤦🏻‍♀️ for harassment. This is ridiculous how they protect them but they won’t care about the property owners
@MidaliaLebron
@MidaliaLebron 4 ай бұрын
That's why you go to mediation and sign the agreement.
@LandlordAttorney
@LandlordAttorney 4 ай бұрын
Mediation can be a good option.
@Truth-Sikher
@Truth-Sikher 5 ай бұрын
What is the time limit for an appeals from tenants after the judgment in California?
@LandlordAttorney
@LandlordAttorney 5 ай бұрын
That's a question for CA attorney. Go check out youtube.com/@ryanthelawyer?si=tTXn0L4Gs7mnGcQE
@CurserTV
@CurserTV 7 ай бұрын
After you apply for writ of possession how long before constable serve tenant
@LandlordAttorney
@LandlordAttorney 7 ай бұрын
It takes about 1 to 2 weeks for the court to process the Writ and for the Constables to serve it.
@bullgamer7343
@bullgamer7343 11 ай бұрын
Lol these people were hear to see how they can keep living and not pay rent!
@jillybeanfortnite
@jillybeanfortnite 10 ай бұрын
That’s not true ..they have to pay rent while appealing
@justice.alexavier
@justice.alexavier 9 ай бұрын
Or avoid the corruption of a landlord who has stolen, misused, and threatened a tenant
@jeanlenor1858
@jeanlenor1858 6 ай бұрын
​@@jillybeanfortnite Technically, that's true but remember that you live in a scary country where most judges are tenants'advocates. They don't follow the law. I was in court for two years trying to remove a non paying tenant. The tenant didn't pay 5 months out of 7 months going through this. My lawyer never checked if rent was deposited in escrow. He brought it to the court. You know what? The court did nothing. This case lasted two years and I got tired of going to court. I just sold the house.
@jillybeanfortnite
@jillybeanfortnite Ай бұрын
What happens if landlord accepts money during appeals process?
@LandlordAttorney
@LandlordAttorney Ай бұрын
That likely depends on the whole transaction. Was this part of some agreement?
@juliagarcia1214
@juliagarcia1214 Жыл бұрын
I was never a tenant. My mother-in-law left this house to my husband and while he was away homeless people trashed it it was going to get condemned. We fixed it up. Unfortunately, my husband passed away, and his brother has been trying to kick me out since two weeks after his death, which was back in October, I can’t get Legal aid services of West to help me be due to a conflict of interest I live in the state of Texas i watched the step-by-step eviction process. I took a video and a picture of how the eviction notice was taped to the outside of the door. I didn’t get a chance to show the judge the picture or bring it up because he had already given favor to my brother-in-law, which managed to put the house under his name, but it wasn’t his.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
If you still have time, you need to appeal ASAP! You may also need a separate lawsuit to resolve the ownership issue. Are you in Texas?
@juliagarcia1214
@juliagarcia1214 Жыл бұрын
@@LandlordAttorney I did submit an appeal and I have a video and picture of how the notice of eviction was taped to the outside of your door, and according to the information I learned from you is that it should’ve been taped to the inside of the door, Texas state law.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
@@juliagarcia1214 in Texas, there is a complicated procedure for posting on the outside, but if it wasn't in an envelope and otherwise mailed on the same day, it probably won't qualify as proper notice.
@benfalconfiftyseven2558
@benfalconfiftyseven2558 7 ай бұрын
Sorry to hear such a loss, along with the fact that a house got raided by homeless people. The government needs to act to these bad cases now!
@johnholems7147
@johnholems7147 8 ай бұрын
Why is it that landlords😢 always get F u c K e D when it comes to Eviction!!!! Why do people get their lives rent free destroy your place and then you have to spend your money to fix it and probably have no rent coming in for at least three months.!!! How does this seem fair? Please tell me.????
@LandlordAttorney
@LandlordAttorney 8 ай бұрын
Well, part of this is a planning problem. Tenant screening, regular inspections, and good insurance can solve many of these issues.
@HebrewJerusalemPrince777
@HebrewJerusalemPrince777 Жыл бұрын
What about the state of Florida?
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Unfortunately, I'm totally unfamiliar with Florida law.
@LAMexStud
@LAMexStud 7 ай бұрын
WHAT STATE YOU'RE TALKING ABOUT
@LandlordAttorney
@LandlordAttorney 7 ай бұрын
I'm in Texas.
@moniquebush9317
@moniquebush9317 10 ай бұрын
This guy is in my one bedroom apartment. He has moved out all of his clothes but is harassing me by not removing the rest of his stuff (plants and blankets he used to sleep on my floor) and threatening to sue if I lock him out. I served the 30 day which ended over 30 days ago. He hasn't paid and owes over $500
@LandlordAttorney
@LandlordAttorney 10 ай бұрын
Deliver a written notice of abandonment and give him 5 days to remove the rest of his things before you declare them abandoned and discard them in any way you see fit. Make sure to make a diligent effort to deliver this notice by text, email, regular mail, in-person, etc.
@moniquebush9317
@moniquebush9317 9 ай бұрын
@@LandlordAttorney I posted abandonment as he claims to live here. No rent or sleeping here in over 50 days. All personal Property Moved out over 10 days ago
@moniquebush9317
@moniquebush9317 9 ай бұрын
@@LandlordAttorney he claims he still lives here to make my trail a civil trial. Not on my dime
@LandlordAttorney
@LandlordAttorney 9 ай бұрын
@@moniquebush9317 if he's gone and his stuff is gone and he's not on the lease, he has no claim to possession.
@queenj0911
@queenj0911 9 ай бұрын
Phoenix Az? Lease ended, signed a renewal, asked for a promise to pay arrangement to pay the rent but pay utilities and fees later because the utilities vary depending on everyone I. The building usage so you never know what the balance is and it’s due with rent? Sometimes you don’t get a bill, and to also add my newly married wife to my new lease and pay for her fee. When trying to pay rent the landlord refused payment and told that the lease renewal was rejected. I called to see why and no response later I get notice to intent to evict with double what Is paid for rent and utilities. What rights are there for me and now they want to evict me but wouldn’t accept payment?
@LandlordAttorney
@LandlordAttorney 9 ай бұрын
Well, I can't speak on AZ Eviction procedure, but you might have a fact issue with the lease renewal. It is unclear why they might have offered you a new lease just to reject it. You did mention your wife, so that may be it, but I'm not sure. I recommend that you seek legal counsel from an AZ attorney soon.
@juliagarcia1214
@juliagarcia1214 Жыл бұрын
I submitted an appeal I didn’t get money order in on time they closed at 4:45
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Yeah, those deadlines are pretty strict. We file everything online in my office, but I remember the days of rushing to the courthouse just to get turned away.
@Mom_Of_Five336
@Mom_Of_Five336 9 ай бұрын
I have a question as a tenant. I am currently waiting for an appeal I filed immediately after my court date and also paid my balance which my landlord accepted. If I move from his property while my appeal is pending would it show an eviction ?
@LandlordAttorney
@LandlordAttorney 9 ай бұрын
Whether your case will proceed on appeal is based on a number of facts. First, if your case is in Texas, some landlords no longer care about the case once they have possession. Here is the landlord allows the case to dismiss once on appeal, the original eviction judgment is dismissed with it. However, in most cases, if a landlord proceeds to secure a judgment at the County Court on appeal, then that judgment will likely be a final judgment which can appear on a tenant's rental history.
@MixGoddessBry
@MixGoddessBry 8 ай бұрын
Does an eviction show up on your tenant record while awaiting an appeal? Also is if the eviction is granted how long does it take for the eviction to show up on your tenant record?
@LandlordAttorney
@LandlordAttorney 8 ай бұрын
Depends. The record exists as a public record, so that can be found, but it's probably too soon for anything to appear on your credit report
@roycastillo8576
@roycastillo8576 6 ай бұрын
How about month to month and give 30 notice as well
@LandlordAttorney
@LandlordAttorney 6 ай бұрын
Are you asking if this will prevent an appeal? If so, the answer's still no.
@niyadelise
@niyadelise 9 ай бұрын
Hello, what if you lost your eviction case and file for an appeal but during the appeal process you are able to pay the full balance and turn in your keys before the new appeal court date? I am trying to avoid getting a eviction on my record. Will that work
@LandlordAttorney
@LandlordAttorney 9 ай бұрын
That will work if the landlord is more interested in getting the property back and allows the case to be dismissed, but, if the Landlord seeks a final judgment, you will have an eviction if the landlord wins on appeal.
@Prettygirltings
@Prettygirltings 8 ай бұрын
Can the justice of the peace judge refuse to sign off on an appeal ?
@LandlordAttorney
@LandlordAttorney 8 ай бұрын
Not if it was filed properly.
@lucybalyanify
@lucybalyanify Жыл бұрын
Mr Garcia, if I am evicting for nonpayment of rent, & tenant is section 8 who's lease was ended 9/30/22 but she didn't move out. She owes 4 months rent by jan 18 court date. Can tenant appeal without paying rent? I read on jp court website that in order to appeal a nonpayment of rent eviction, the tenant Is Required to pay rent otherwise she can't appeal.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
In Texas, the Tenant is generally either required to pay a one-time bond or their monthly rent into the court registry. Essentially, if they appeal in January, they'd pay rent in January. The case would proceed to the higher court, and each month that rent comes due, the Tenant would have to pay into that Court's registry. If they fail to make a payment, the Landlord can seek possession even while the matter awaits trial, but a hearing is sometimes necessary. It's a sort of middle ground, but the procedure isn't perfect.
@MaBerryHomestead
@MaBerryHomestead Жыл бұрын
​@Ernie Garcia, Landlord Attorney You should pin a comment regarding what specific state appeal rights you are speaking about. It will help tenants as well.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Thanks for the tip
@papi4253
@papi4253 Жыл бұрын
ALL 50 STATES
@thecheck4879
@thecheck4879 7 ай бұрын
​@@LandlordAttorneymy question for you,if a landlord doesn't show up for a trial date is the eviction automatically dismissed? An if so,how long after this does a tenant remain on "stay of bond"?
@LandlordAttorney
@LandlordAttorney 7 ай бұрын
@thecheck4879 The answer to your question varies depending on the state and the facts of the case. In Texas, a no-show landlord means that the eviction is dismissed. However, if you're in a state that allows a Defendant to have affirmative claims in response to an eviction, then the landlord might lose by default on those claims.
@thecheck4879
@thecheck4879 7 ай бұрын
@@LandlordAttorney thanks for your response.
@Kristin-lb9lp
@Kristin-lb9lp Жыл бұрын
Hi Ernie, 9/30 So maintenance man walks into my home no knock, no announcing himself and handed me a move out courtesy for non renewal due to The documents deadline No later than 9/30. I have them turned in 7am but when I received the move out courtesy copy on oct 1st I see the enveloped stamped 9/27 and the copy of the move out 9/30. So like am I the only one that sees theres a few things wrong. I would just like to hear your answer in this as far is i believe i know what happen can you put this together so i can compare responses i would really appreciate it.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Is this in Texas?
@ColdheartCuzo
@ColdheartCuzo Жыл бұрын
Well is it in Texas
@LD-je6om
@LD-je6om 15 күн бұрын
If a tenant is being evicted because she or he violated a policy that caused for eviction.They the tenant should be evicted with no chance to appeal. No free rides.
@LandlordAttorney
@LandlordAttorney 14 күн бұрын
@LD-je6om An appeal is a little like baseball. Sometimes, the balls and strikes are easy to call. Sometimes, another umpire needs to step in to make the call.
@AltonNg
@AltonNg Жыл бұрын
Seems like a case i know... Lol
@BROKEN-OC
@BROKEN-OC 6 ай бұрын
What are the advertisement of rights after judgement
@LandlordAttorney
@LandlordAttorney 6 ай бұрын
Not sure what you mean. For the tenant or the landlord?
@BROKEN-OC
@BROKEN-OC 6 ай бұрын
@LandlordAttorney thank u for your response. My question is directed towards self represented party in a civil claim. What might accompany a minute order prepaid by the court or the other party in lou of the unrepresented party not providing an order form with their pleadings. Like when receiving the first papers from the moving party. In those papers " unlawful detainer " there is what I'm calling " advertisements of rights/ directing the person on what they should do and not doing anything " not answering " what could result. Suggesting to contact a lawyer and a few number are provided. So after a judgment is their some kind of advertisements of how to proceed if u didn't agree with the judgment, etc
@jessicagrant9748
@jessicagrant9748 Жыл бұрын
Hey I’m in Texas. . I won the eviction case (tenant / ordered to pay nothing ) Landlord appealed and won’t take current rent or clear arrears balance . What do I have to do ?
@LandlordAttorney
@LandlordAttorney Жыл бұрын
The best path for you depends on the specific facts of your case. If the Landlord refuses to take rent, you will need a way to prove the fact that you attempted to pay. Perhaps you have that evidence in writing. That helps, but make sure that you continue to attempt to pay each month while the matter is pending on appeal. Should you need a more thorough review of your case, you can call our office to set up a consultation at 832-305-7694 or click here: lawofficeoferniegarcia.as.me/schedule.php
@jessicagrant9748
@jessicagrant9748 Жыл бұрын
@@LandlordAttorney thank you !! I have written and they referred me to their attorney
@LandlordAttorney
@LandlordAttorney Жыл бұрын
@@jessicagrant9748 🤔
@watchyomama4994
@watchyomama4994 Жыл бұрын
Hi! How did you win? Did you file motion to stay? Maintenance guys in my building collect the rent to be deposited, and so my first 2 were deposited on time, but they came back 4 months later claiming I’m missing 5 months worth of rent. If you have anything, that would be grateful! Thanks
@terrancedavie8161
@terrancedavie8161 6 ай бұрын
I have a question… Can the landlord or apartment manager leave your enviction notice faceing inside out your front door? To were everyone in the apartment building can walk by and see your name and information on your door?
@LandlordAttorney
@LandlordAttorney 5 ай бұрын
Assuming this is in Texas, if a Landlord posts on the outside, she must follow the strict rule stated in Texas Property Code Section 24.005(f-1).
@terrancedavie8161
@terrancedavie8161 5 ай бұрын
@@LandlordAttorney Arkansas… And he is also trying to charge me $150 for the enviction notice being issue in the first place.. Evendough I have not been served anything from the courts..
@chanellee9762
@chanellee9762 5 ай бұрын
What happens when it’s appealed? Stays in limbo forever? Or does it get resolved soon after?
@LandlordAttorney
@LandlordAttorney 5 ай бұрын
In Texas, an eviction that's appealed from the JP to the County Court is usually set for trial within 30 to 60 days.
@tigertoyin
@tigertoyin 3 ай бұрын
@@LandlordAttorneydoes the person still get to stay in your property while it’s in an appeal status? What if they are continuously damaging your property and being a nuisance during this time? Commercial tenant
@user-br5qh8tl2u
@user-br5qh8tl2u 11 ай бұрын
I won my eviction case but was being evicted for June the month of June 2023 but the landlord accepted rent for July 2023 and filed for eviction in late July for june .. I went to eviction court yesterday and the case was dismissed what do I do next moving forward also do I owe rent for August ?
@LandlordAttorney
@LandlordAttorney 11 ай бұрын
If you're living there, you owe rent, unless you have some legal basis not to owe rent.
@terminatorx6766
@terminatorx6766 10 ай бұрын
Just pay it if they mess with you it called landlords harassment.
@martezabrams807
@martezabrams807 10 ай бұрын
I fell from the third floor because the sodden stairs collapsed on me I’m siding them they are trying to evict me the fall put me out of work can I appeal
@martezabrams807
@martezabrams807 10 ай бұрын
Wooden
@LandlordAttorney
@LandlordAttorney 10 ай бұрын
@martezabrams807 Your right to appeal depends on the state where you reside, your specific facts, and where you happen to be in the Eviction process.
@WirelessDesigner
@WirelessDesigner 8 ай бұрын
how can I do eviction with a business / company rented from me. not individual?
@LandlordAttorney
@LandlordAttorney 8 ай бұрын
Is this a commercial or a residential lease? If commercial and in Texas, you probably have a lockout right.
@WirelessDesigner
@WirelessDesigner 8 ай бұрын
@@LandlordAttorney Residential in NC. anything I need to add to my next contract to protect me?
@georgeburns6512
@georgeburns6512 5 ай бұрын
This isn’t really relevant, but I owe my landlord 2 months of rent and I didn’t have a job at the time. But now I do and want to pay it. My landlords seem to want to avoid me and keep giving me different emails to message and everytime I do there isn’t a response to set up some kind of payment option. They have now filed for eviction, but I haven’t been there for a month. What can I really do in this situation? I’ll happily pay them. Just can’t understand why they communicate with me.
@LandlordAttorney
@LandlordAttorney 5 ай бұрын
If you mean to pay them, but they don't communicate with you, you can show up to court with the payment. If you've moved, the judge might dismiss the case.
@georgeburns6512
@georgeburns6512 5 ай бұрын
@@LandlordAttorney oh yeah I no longer live there. I really appreciate your reply. I may just have to do just that.
@grimaldo99
@grimaldo99 2 ай бұрын
This may sound funny and dumb, but can an already evicted individual after a year from leaving the property appeal in Court? ( We didn't go to court, he received the eviction letter and 30 days later, he left, but left behind personal property in the garage not attached to the home) It has been more than a year)
@LandlordAttorney
@LandlordAttorney 2 ай бұрын
An appeal is subject to specific deadlines established by your state. In Texas, there would be no way to appeal any eviction judgment after 45 days.
@grimaldo99
@grimaldo99 2 ай бұрын
@@LandlordAttorney but what about his property that he left behind? Can he still sue me, if I get rid of it, if he hasn't come to pick it up? (He moved next door and he could just walk in to get it, no locks, his property is in an open garage space)
@grimaldo99
@grimaldo99 2 ай бұрын
@@LandlordAttorney by the way, Thank you so much for your input and advice, I really appreciate you, may God bless you.
@LandlordAttorney
@LandlordAttorney 2 ай бұрын
If your lease is silent on the matter but the Tenant has clearly abandoned their personal Property after you gave written notice that unless they remove the belongings they would be discarded, the stuff left behind is garbage, and you can discard it. If you gave them a deadline and told them you would discard this Property if they would not claim it by the deadline, you have no obligation to store it.
@LandlordAttorney
@LandlordAttorney 2 ай бұрын
Thank you for your kind words.
@PedroPeyolo
@PedroPeyolo 6 ай бұрын
I owe over 3k in rent, and my 30-day deliquent vacate notice expires in a week... i lost my job which is why i dont have the rent... just recently got a new one though... do i have a chance in court ?? Or best to leave so it doesnt go on my record as eviction?
@LandlordAttorney
@LandlordAttorney 6 ай бұрын
It sounds like you intend to pay what you owe. Try reaching out to your landlord to see if something can be worked out in writing. If not, you may need to appeal in order to buy yourself some time.
@PedroPeyolo
@PedroPeyolo 6 ай бұрын
@LandlordAttorney Yes I would definitely like to pay what I owe, however I am very behind. They already said that there is no payment plans available... so I just wait for the court hearing notice on my door after the 30-day vacate notice expires? And then if i lose the case (which I can also claim medical hardship) , then i appeal? Pardon my ignorance, im just not too familiar with this process. Thanks so much for your help!!!
@LandlordAttorney
@LandlordAttorney 6 ай бұрын
@@PedroPeyolo I'm in Texas, but if you're in a different state, you'll want to discuss your case with an attorney familiar with eviction procedure in your area.
@PedroPeyolo
@PedroPeyolo 6 ай бұрын
@@LandlordAttorney ok thanks so much!!
@wendymom6294
@wendymom6294 Жыл бұрын
My mom is being asked to leave property that was sold after living there for 40 years this is in NC does she have a right under squatters laws if she hasn't paid rent in 20 yrs?
@LandlordAttorney
@LandlordAttorney Жыл бұрын
As I'm only licensed in Texas, I will not be able to guide you on NC laws. I would recommend reaching out to the attorney in your area and seek legal advice. Best of luck to you.
@sg8953
@sg8953 10 ай бұрын
I know in Missouri, if there's no lease, the filing is called an unlawful detainer. But landlords know what that is and it looks even worse than an eviction because it means someone LET YOU LIVE THERE RENT FREE AND YOU JUST REFUSED TO LEAVE. Take the 20 years of rent free housing and leave on good terms.
@larryhoward-pl1pe
@larryhoward-pl1pe 4 күн бұрын
Why would you leave if the rent is free?​@@sg8953
@TW-uj6tn
@TW-uj6tn 10 ай бұрын
I wish you would/could tell me, a single landlord up against 3 hostile familial tenants, the next series of steps that I must take to respond to their concerted eviction appeal and fraudulent Mechanics Lien.
@LandlordAttorney
@LandlordAttorney 10 ай бұрын
Are you in Texas? We help landlords all over this great state.
@TW-uj6tn
@TW-uj6tn 10 ай бұрын
My property and three rogue and hostile tenants (my 2 half brothers & their mother) are in Illinois. Help!
@LandlordAttorney
@LandlordAttorney 10 ай бұрын
@TW-uj6tn I see. Unfortunately, I'd be unable to advise you on Illinois law. You'll want to reach out to a Landlord/Tenant attorney licensed in your state.
@deniseboyce2234
@deniseboyce2234 Жыл бұрын
How do I appeal an eviction
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Depends on your State's procedure? Are you in Texas?
@theherm0nietoyourharry43
@theherm0nietoyourharry43 10 ай бұрын
How do I appeal and eviction in Florida
@finishersonlyllc
@finishersonlyllc Жыл бұрын
How do I appeal an eviction?
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Depends on your jurisdiction. Are you in Texas? If so, when and where was the Eviction trial held?
@finishersonlyllc
@finishersonlyllc Жыл бұрын
@@LandlordAttorney Yes. I am in Texas. Montgomery County. The court date is next week on Wednesday at 9am.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
@Martin White well, you might benefit from a case review. You might have a valid defense. A win is always better than an appeal, but we can also guide you through the appeal process. You might benefit from a 30-minute consultation. To set this up, feel free to call our office at 832-305-7694 or click here to book your own appointment online: lawofficeoferniegarcia.as.me/schedule.php A consultation is $199 if you are in interested.
@stevejones7431
@stevejones7431 Жыл бұрын
I just went to court today and they ruled in the property favor and I have no parents to help I don’t know what To do
@LandlordAttorney
@LandlordAttorney Жыл бұрын
@stevejones7431 you probably need to get legal advice or legal representation quickly. If the documents and filings are properly reviewed, a procedural defense may be available to you. However, even without a strong defense, an attorney might be able to work out a settlement on your behalf.
@moremath3378
@moremath3378 9 ай бұрын
My next-door neighbor's tenant haven't paid a cent for the last 29 month, and the landlord have personally told me how the tenant is costing him 1,000 per month on hydro alone, the tenant prefers to have the stove on in the winter and air conditioner in summer none stop The rent is 750$ per month The total amount comes up to plus hydro 21,750$ rent and 29,000 in hydro = 21,750 rent+29,000 hydro = 50,750$ + lawyer/court/ sharifs fee another 2,000$ The total amount sums up to 52,750$ just to get them out so far The tenant was given October 1st to exit/leave the property premises but the tenant is still in the apartment unit, it's now Sharif's case/matter, and can still take another 3+ months or less
@LandlordAttorney
@LandlordAttorney 9 ай бұрын
That's absolutely terrible. These are the kinds of people that I cannot sympathize with. They take advantage of the law and the legal process and hard working people who are trying to make a living.
@moremath3378
@moremath3378 9 ай бұрын
@@LandlordAttorney And $2g mortgage on top of all that
@moremath3378
@moremath3378 9 ай бұрын
@@LandlordAttorney The landlord just told me the rental unit has $20g worth of damages
@moremath3378
@moremath3378 9 ай бұрын
​@@LandlordAttorney Finally, the 3rd week is up, and Sharif can/will be here tomorrow, they're in a panicky mood
@LandlordAttorney
@LandlordAttorney 9 ай бұрын
@@moremath3378 I hope you can recover your property ASAP.
@virginiacazares9883
@virginiacazares9883 Жыл бұрын
If anybody can please offer their knowledge. In the middle of electrical repairs, we were given notice to move. I have a landlord that throughout this litigation process has continuously lied. I do have proof. However, we were advised by his attorney that it would be in our best interest to settle amongst ourselves and which we did. Unbeknownst to us, it would still be an eviction. I am very saddened by this, as we gave our landlord double deposit, $5K. Even though we signed, can I appeal?
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Not sure? Are you in Texas? When was your judgment signed? Were you in the Justice Court or the County Court?
@virginiacazares9883
@virginiacazares9883 Жыл бұрын
@@LandlordAttorney Thank you for your prompt response. We went to court and signed on the 17th. They said they would email us a copy of it that day, but we never received it. Today we received a notice on our door for an eviction. I’m so confused because she never mentioned this.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
@@virginiacazares9883 I'm still not sure if you are subject to Texas law or not. If so, it sounds like you might be beyond your ability to appeal. It also sounds like you may have been served with a Writ of Possession, which I urge you to read carefully. In Texas, the Constables can return within 24 hours of delivery of this Writ and remove you and your property by force. Here is a video on the topic: kzfaq.info/get/bejne/a7aooZtenJm1g2g.html
@move4ward2day
@move4ward2day Жыл бұрын
We weren't behind on rent. Our landlord lied against us in court and said that we blocked access to the property. Thank God I took pictures and showed that she lied. Isn't that perjury? She put her hand on the Bible and vowed to tell the truth and then lied.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Without being there, it's impossible for me to say whether she committed actual perjury. However, I've seen people lie under oath for years, and I've never once seen a perjury charge cone from it.
@juliagarcia1214
@juliagarcia1214 Жыл бұрын
Do I have a chance at anything else or am I done?
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Try contacting the court first thing tomorrow. It's possible that you might be able to do it then. Your other option would be to try to reach the Landlord to work out some kind of settlement directly with them.
@juliagarcia1214
@juliagarcia1214 Жыл бұрын
He’s not my landlord he never was this house was left to my husband well we were never married but we were going to get married even though everyone thought we were not even two weeks after my husband past away he was kicking me out it’s a long story it just hurts my heart that my husband and I both worked hard on this home it was red tagged and we fixed it my husband called his brother in his dying hours and told him what his wish was and his brother will not honor his brothers wish and some how managed to put the house under his name. The only one that knows fax that would be able to help me if you could help me would be his PO because he knew our situation from the very beginning he knew we were working on the house he knew the house was left my husband. I just feel so overwhelmed, and the worst part is that legal aid services cannot help me due to a conflict of interest which I found out I did before my first Court.
@juliagarcia1214
@juliagarcia1214 Жыл бұрын
I lost my appeal never got the chance to even show the courts that I was not served eviction notice according to Texas State law I was unable to get $$ after all I’m so devastated the fact that it took us one year to fix house before we could move in it I have before and after pictures I’ve just excepted that for now he has won and I told I have 24 hours to move out. At this point a big part of me just wants to walk away and just let them keep everything in the home just take my clothes…all I want is a peace of mind. Lost my husband and mom I. Same week so painful I can’t even describe my pain.
@LandlordAttorney
@LandlordAttorney Жыл бұрын
@@juliagarcia1214 I'm sorry to hear all of this. I do wish you the best of luck in the future.
@Nikki-su3md
@Nikki-su3md 8 ай бұрын
​@@juliagarcia1214so sorry for your losses love I also lost my husband in a car accident that I witnessed. That's just horrible he did that to you! My husband/kids dad's family screwed me over also on land that was handed down to him and his siblings so once my husband passed the siblings decided to sell I was conned into basically signing my rights to b in charge of my husband's (now our kids) over to him -HUGE MISTAKE - LOng story short he didn't mention his brother and I had kids (so he lied but also my fault bc I was rushed w everything so didn't read whole thing til after and notary lady didn't say a word to us when we there anyway I ended up with 10,000 the siblings each got &30,000!!!! I found that out after I got my pay n was IRATE!!!!!!🤬
@leewestep92
@leewestep92 Жыл бұрын
How can I beat that ?
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Explain, please. Beat what?
@leewestep92
@leewestep92 Жыл бұрын
@@LandlordAttorney what can I do to make sure i win my case. Im in Texas and my tenant doesn't want to leave even Though the lease is done in November and I choose not to renew
@LandlordAttorney
@LandlordAttorney Жыл бұрын
@@leewestep92, make sure to send a Notice of Termination of Lease and/or a Notice of Non-renewal in accordance with your lease. If the Tenant is there on December 1st, send a Notice to Vacate in accordance with your lease and state law. If the tenant owes rent make sure to include rent in your Eviction Petition along with Holdover. If you need legal assistance, feel free to contact us to book a consultation at 832-305-7694 or click here to schedule an appointment online: lawofficeoferniegarcia.as.me/schedule.php
@leewestep92
@leewestep92 Жыл бұрын
@@LandlordAttorney thank you so much. If this tenant has straight out told me he can't pay hes last month . can I give him a notice to vacant (3days) in November the 1st or not?
@leewestep92
@leewestep92 Жыл бұрын
@@LandlordAttorney when do I present the notice of non renewal now or on November 1st
@pinchebruha405
@pinchebruha405 6 ай бұрын
Wtf…..😮
@BROKEN-OC
@BROKEN-OC 6 ай бұрын
X
@LandlordAttorney
@LandlordAttorney 6 ай бұрын
YZ
@MAVERICK72226
@MAVERICK72226 Жыл бұрын
Oh I thought you were a tenant attorney. Why are you on the side of those landlords?
@LandlordAttorney
@LandlordAttorney Жыл бұрын
Why not? Actually, while most of my clients are Landlords, I do still represent some tenants.
@jillybeanfortnite
@jillybeanfortnite 10 ай бұрын
Why shouldn’t he be?some are on the sides of tenants
@Dontcare_at_all
@Dontcare_at_all 10 ай бұрын
Hes a lawer why on earth would you think he cares about right or wrong? He wants money!!!! This is Easily the dumbest comment posted today.
@johnholems7147
@johnholems7147 8 ай бұрын
Cause landlords are the ones that always get screwed. That’s why.
@dakotaperalta1302
@dakotaperalta1302 5 ай бұрын
​​@@LandlordAttorneylandlords seem like they're hsing you to get what they want out of tenant even if it's just fallacy. And you get what you want by using them. Some of these cases are completely unjust and working against the side of justice at any point is a very grave vandom. You are not here for any intrinsic purpose anymore. You are here to entropy then look at life then wonder where oh where has all the light gone. Look at yourself. You look like you're in a costume trying to be anything but yourself.
@jamiesymone3710
@jamiesymone3710 9 ай бұрын
hey i’m getting evicted by my mom because my girlfriend was if she doesn’t like her she never did anything to just doesn’t like her we got in to argument last 3 days she’s trying evict say i bribe lease agreement no guest can stay over 14 days which i didn’t know about it says my mom is landlord she’s not it’s my auntie house it says i’m the tenant which i’m not i live with my mom there saying i broke stuff in the house which i did but it was for something else’s year ago there trying pull on me and say i did threats in the argument my mom said thing about me like imma get somebody to shoot you in your chest what can i do BTW ON MY GIRLFRIEND account
@jamiesymone3710
@jamiesymone3710 9 ай бұрын
also lease was signed 3 years ago
@LandlordAttorney
@LandlordAttorney 9 ай бұрын
Is this in Texas?
@dakotaperalta1302
@dakotaperalta1302 5 ай бұрын
​@@LandlordAttorneyiS tHiS iN tExAS
@LandlordAttorney
@LandlordAttorney 5 ай бұрын
@@dakotaperalta1302 I speak from a Texas perspective.
@hotmesssouthernmom4542
@hotmesssouthernmom4542 7 ай бұрын
What if a landlord evicts a tenant illegally?
@LandlordAttorney
@LandlordAttorney 7 ай бұрын
If the Tenant believes that the eviction is illigal, she should appeal ASAP
@AubFabian
@AubFabian 7 ай бұрын
How do you appeal??​@@LandlordAttorney
@NenaaThuggin
@NenaaThuggin 11 ай бұрын
Can someone be evicted if they lost their job due to severe mental health issues?
@LandlordAttorney
@LandlordAttorney 11 ай бұрын
You will need to review your lease to see if mental health is a valid basis for keeping a tenant at the property despite of non-payment. Generally speaking, it is not. Generally you are on the hook for rent. If you are trying to rearrange your payments due to your physical situation, consider doing that in writing.
@user-fg4bc8lz2z
@user-fg4bc8lz2z 5 ай бұрын
Tenants have no rights because they are poor, the law protects the ones who can afford it, that's why this country is going down.
@LandlordAttorney
@LandlordAttorney 5 ай бұрын
"Tenants have no rights"? That's just objectively false. Do most tenants know how to enforce those rights? Well, that's a whole other thing.
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