#NewLandlords
Vložit
- čas přidán 4. 07. 2024
- Book your appointment with him directly at lawofficeoferniegarcia.as.me/...
For Landlord Resources : attorneyeg.com/landlord-resou...
Nobody is perfect. We all make mistakes, but some of our errors happen because we lack the experience necessary to make the best decision. Every day, I speak with Landlords who tell me, "Ernie, I just didn't know."
I hear you.
Today's video is all about preventing the fatal flaws that shoot down a Landlord's otherwise good claims for Eviction. The key to a good Eviction petition is knowing how to file, when to file, and where to file. Check out these tips for making the best of your next Eviction.
To join Texas Landlords, our private Facebook group, click here: / texaslandlords
"Don't just look for better Tenants. Continually look for ways to be a better Landlord, and your business will thrive."
--Ernie Garcia
The Law Office of Ernie Garcia represents Landlords in various trial cases in Texas Justice Courts, County Courts, District Courts, and even U.S. Federal District Courts in the Southern District of Texas. While our office is located in Houston, Texas and many of our cases are in Harris County, we have represented clients in Courts all throughout the State of Texas.
Our Landlord clients look to the Law Office of Ernie Garcia to send demand letters to tenants who have breached their residential or commercial leases. We prepare petitions for Eviction and represent Landlords, Investment Companies, and Property Managers involved in Evictions at the Justice Court and in Eviction Appeals.
The goal in every Eviction is full and final resolution, which sometimes includes Judgment, Writ of Possession, Abstract of Judgment, Writ of Execution, and even settlement. We also defend Landlords whose Tenants sue them in these same courts with claims for repairs, security deposits, or a variety of other Lease disputes.
Additionally, Ernie Garcia assists Landlords with drafting Leases that comport with the Texas Property Code and puts the Landlord in a firm position to derive the best benefit from the Landlord/Tenant relationship. He routinely delivers Notice to Vacate, Notice of Lease Termination, or Notice of Non-renewal for Landlords seeking to end a Lease relationship with a bad tenant. Ernie Garcia shows clients how the Eviction process can improve Tenant cooperation and reduces the potentially enormous losses that come from continued instances of partial and late payments.
Ernie Garcia has over 10 years of litigation experience in jury trials and bench trials. He has also represented clients on appeal to the First and Fourteenth Texas Courts of Appeal. Through the years our philosophy has never changed. We are here for the benefit of our clients, and we seek to improve situations and to create innovative solutions to conflicts that affect the property, accounts, and business assets of the people we represent.
To contact us by Email: Info@attorneyEG.com
Call or Text: 832-305-7694
Visit us online at: attorneyeg.com/index.html
One of the best lessons on eviction I have seen. Thanks
I appreciate that very much!
Thank u.
50 year landlord
Florida native
Thanx for the video
Thank you Mr. Taylor. I'm so glad when Landlords find our content helpful.
You are great person. I lean alot from you. I am living in Canada but I learned many things from you. Thank you very much.
Thanks so much. I'm glad you've found our content helpful.
Some great information. Thank you Sir, Thank you 🙏
You're welcome. As always, let us know if you need help with anything.
Thank you took your advice and my landlord which is a big company is working with me.. helping me with asstance with united way VS catholic charities don't know how to thank all these people coming to my rescue since I lost my husband so soon and at this rental situation. The landlord was helpful when I approached the office. So thankful for your great advice.. thanks again. IT WORKED..
Ms. Charley, it is so rewarding to hear that I was able to help you. Thank you for your kind words. Best of luck to you.
@@LandlordAttorney a simple letter is enough to evict a person?. Or it has to be from a Court order?
Thank you Sir!
Thank you for watching!
Awesome video!!!
Thank you so much! I'm glad you've found our content helpful.
Thanks Ernie it is great how you explain it .and thanks for replying to me
You're very welcome
Appreciate the education
You're very welcome
Thank you so much for the great video!I learned alot. It's the best video I ever seen!:)😊
Glad it was helpful! Thank you for watching.
Really great information! I am in a situation where one of our tenants is causing a lot of problems. She has history of battery and assault, and she will just bother the tenants living beside her and record their kids. We went over to do an inspection inside her apartment, one day, and, while our employees were sticking a drain snake down her bathtub drain, she started freaking out and saying that the drain snake was dirty and not to mess up her bathtub and get it dirty. She started recording us, she started using some profanity… From that point on we told her we would do an eviction. To us, there’s not point in her staying here if she doesn’t like it. But she does not want to leave. I would like to know what a lawyer recommends us to do in this situation. Thank you so much again for all the great info in this video
If the Tenant is paying her rent, you can only evict for actual violations of the lease. Is she on a yearly term or a month-to-month lease? If month-to-month, you can probably terminate her tenancy with a 30-day Notice of Termination. If she has other violations of the lease, we recommend issuing Notice of Default for each such violation. After 3 of these, especially for repeat offenses, issue a Notice to Vacate and begin the Eviction process. You will find that nonpayment of rent is your best basis for Eviction. However, if a Tenant is habitually violating her lease, even a tenant who pays her rent, she can be evicted.
You forgot to mention that a tenant can file for bankruptcy which will put a stay & hault on the entire eviction trial. Then the landlord has to wait for the bankruptcy to be over or they have to get another lawyer to go to the trial to lift the stay. 🤣😂😅😅😂😂😂
Yes, that happens, but it's not technically a Landlord's mistake.
You have been so heipful with this site for information for me to learn. I have an old supervisor with the same name as you ( Ernie Garcia ) so that was cool and you are in Texas and my properties are in Corsicana but I live in New Mexico. Oh, I'm in the middle of my first eviction. It went to Judical Court yesterday and the judge gave the tenant 5 days until 10-31-2023 to appeal. The tenant didn't show for court and I thought she would not be able to appeal but I must be wrong. Thank you so much for your insight and information.
Thank you for your kind words.
Good to know!!!
Thanks for your comment. Any other topics you'd like for us to cover?
@@LandlordAttorney How about "What happens if a tenant doesn't vacate after 60 day notice for no fault just cause?" (Notice to vacate due to a family member moving in)
@@dianecelento4974, if there is a lease in place, that lease cannot be terminated with notice unless the Notice is based on the stated termination date on the lease. If there are months left on the Lease, the Landlord cannot simply send a Notice of Termination. If the lease has lapsed into a month-to-month tenancy, then yes, it can be terminated with notice. If the stated Lease term is about to end, the Landlord can send notice of Non-renewal.
Thank you very much
You're very welcome
Excellent
Thanks.
good job
Thanks. I appreciate that.
I dont even have renters or rent I own , but I was thinking of renting a space for a RV and this was all great information, Thanks for sharing your knowledge!!! now about my ex LOL... :) just joking
I have learned so much from you. Do you practice in Florida as well or only Texas
Texas only
I appreciate your information, my daughter has to move from her Texas apartment. Unfortunately, she will have to break the lease. She has provided notice via written and certified mail, the property manager emailed her that she needs to pay a $2500 break lease fee AND two months worth of rent PRIOR to the property office ACCEPTING keys. The property office stated that is what the lease states and we reviewed the lease, it doesnt state that at all. Actually, the fee states a little over $1100. Her lease is up December 2022 and the property office doesn't state in the email regarding the property office does their due diligence to re-rent the unit.
Thank you for reaching out. Generally speaking, the answer to this question should be in your Lease. Some Leases require "reletting fee" as well as the certain amount of days of Notice. Additionally, usually both Tenant and Landlord are responsible for the search of new Tenant. If you have any additional questions or would like us to guide you through the process, please feel free to schedule a consulattion with us. To schedule a consultation, please call us at (832) 305-7694 or book your appointment online at: lawofficeoferniegarcia.as.me/schedule.php.
Nice thanks.!!
Thank you for your feedback!
Hello Atty. Garcia I am a new subscriber here. I need to catch up watching all previous videos.
I am a landlord and I posted an original notice to vacate (instead of a copy only) to one tenant due to damage of property. I printed two copies actually one that I posted and one my own copy. I am now waiting for a court hearing. Will my case be dismiss due to that instead of a copy I gave a signed original?
It is great to have you here. Your Notice should be OK as long as it was properly prepared and served. In this blog of mine, I explain how to do it right: attorneyeg.com/blog/a-Landlords-guide-to-prepare-and-serve-a-notice-to-vacate-in-accordance-with-state-law
Thsnks
You're welcome
This might not be great information for a landlord, but I thank you for the news as a tenant.
I was mailed the notice to vacate thing by a law firm after the property manager ran over my foot at night with a golf cart while I was recording. The video is terrible, but the audio documents the interaction. I called to request contact info for the owner so I could raise a complaint against the manager. That's when the notice to vacate was initiated, in retaliation. I'm looking forward to presenting my case to a judge once, or if, an eviction suit gets filed.
Thank you for creating and publishing this video.
You're welcome.
Good info. Thank you. Im still confused on what i need to do. Im in Florida and I have a tenant who has not left after the lease is over. They also have an unauthorized tenant and is not responding to my calls or text. How long of a notice do i have to give to vacate if any? or can i file eviction immediately? i live 3 hours away. Can this process be done online? or do i have to go to the county of rental? I dont know what to do i rely on this income.
The most effective strategy I can recommend is for you to reach out to an attorney in Florida who practices Landlord/Tenant law. If you're unsure how to proceed in this situation, the worst thing to do would be to get things wrong with a tenant who knows the system better than you do and scams off months of free rent while you believed you were on the right track. Find a good source for yourself in your state, and follow the letter of the law to cut your losses and move on to a better Tenant.
I have been a landlord on and off over 25 years and it's a pain in the ass the easiest way to get rid of someone is just sell the property
Yep, Eviction can be complicated. Many Landlords end up selling after a complicated Eviction versus the prospect of having to go through that again. Having a strong legal strategy from the start, though, could make all the difference.
Question: my mother rents out a duplex in Houston. She got sick after moving in a family of 2, and neglected to provide them with a copy of the lease. Now, we’re at the point of eviction. Is my mom screwed if we go to court because of this?
I don't know enough about the case to say anything about what outcome you can expect. However, your mother can give the tenants a copy of the lease now and fix that problem. The real issue is whether she can prove that the tenant is in default and prove that she as Landlord has a superior right to Possession of the Property.
Can you do one on what we itemized move out report that we can charge for? Also info on taking former tenant to small claims. I forgot to add court costs and got a $400 electric bill after I sent information to her laywer. Can I send an amended copy? Thanks!
Are you asking about deductions from the security deposit after move out? If so, you can possibly amend that itemized report, especially if you are still within the 30 days period after the tenant has vacated and given you a forwarding address.
Question in item 2 of your video you state to leave a notice on the INSIDE of the door. Am I as the landlord able to open the door with my keys and leave it there if the tenant is not home or does not want to answer. Then even if I do what is to stop the tenant from saying they never received it. Thanks
You can potentially photograph the notice on the door. In a Texas Justice Court the burden of proof is essentially "more likely than not." However, the most effective method for us has always been through regular and certified U.S. Mail.
Thank you very much your videos are very educational and helpful. I’m the sole title owner and utilities on my name . Bought this property on my credit but my sister shares monthly mortgage , can she refused to sell the property? Or can she refuse to leave the property??thank you
I'm glad you've found our content helpful. Is this property in Texas? Do you have a Lease agreement with your sister to rent this property?
Hi! Can we ask a tenant to vacate the property to make major repairs? The lease has expired and no updated lease has been made. We need to make major repairs and now have file with the city to report major repairs. How do I proceed to get them out to make these repairs?
Terminate the lease with at least 30 days of notice.
I have a question about the declaration letter 2020-72 , I know for sure a tenant is iligal and receive salary cash, and never filled taxes to pay, this people can sign the declaration letter how I can investigate about this , because anybody can sign but the iligal person also can sign this declaration letter, this individual is protected by this declaration letter.
Like anything you have to prove, you will need evidence of any claim you make against a Defendant. I hear a lot of Landlords tell me that they know their tenants are doing this or have done that, but, without any proof, there is no way to convince the court of it.
good
Thank you for your feedback.
If a notice to vacate was served in person to the tenant 11/28/22 by a third party and included on the affidavit with their signature and sent certified mail post marked 11/28/22 but not received until Dec 1st which date should be used for the 3 day notice to vacate before we can file for eviction ?
If this is in Texas, you can call 11/28 the date of in-person delivery, which I refer to as "day zero." The first day to file after a 3-day Notice to Vacate was delivered on 11/28 would be Friday December 2, 2022. This assumes that the Notice to Vacate was substantively correct.
Thanks for the informative video. I have a Tenant that I am evicting with help of a eviction service for lease violation of pool addendum the eviction has been filed and got a hearing date. Now I did inspection on the property 1 week ago and find out there are 2 unlisted residents and there is a pitbull on the property instead of 3 pound dog in the pet addendum. I give 3 days notice with registered mail to move out to tenant and they still dont move out. Can I file a second eviction with the same court for these violations? Also should I ask tenant to pay rent while not moving out?
You would have to file a new petition for the new notice and new violations, but the court probably won't allow two Evictions with the same parties at the same time. You may need to dismiss the first one.
@@LandlordAttorney Thank you so much Mr. Garcia. To save time I rather wait till I go to hearing for the case already filed and hopefully that dose the job. My other question is should I ask tenant to pay rent while living in the House till hearing date since my filed case is for breach and not for unpaid rent? FYI My property is in Houston Harris County
@@seanabri4312, the Tenant's duty to pay rent does not end simply because Eviction was filed. Rent is still owed in accordance with the lease until the lease ends, particularly if the tenant is still on the premises.
Hello thank you for your videos .
What would you suggest for tenants that have clutter out in common shared patio and in the unit,
And would not listen when ask to organize they all in plastic bags and looks like homeless camp ? Same issue with one that has the same in balcony,?
Do these acts violate the lease terms? If so, issue a written Notice of Default and let the tenant know how to cure the default. Give them a reasonable amount of time to comply and then follow up. If they fail, repeat the notice. After three attempts on your end and no change on their end, you should strongly consider a Notice to Vacate and to begin the eviction process.
Are you in Texas?
I have one question, if I gave a correct 3 day notice to my tenant and they paid a partial amount can I still use the same one to continúe the eviction. Or do I have to post a new one?
This depends on how "correct" your 3-day Notice to Vacate happens to be. Some of these notices give the Tenant that right to pay or quit. If your Notice implies that payment to some amount will allow the tenant to stay, you may want to send a new Notice. Also, you may want to send a new Notice just to appease the court who might see this as unfair. Your best bet is to reject money between your Notice to Vacate and your Eviction judgment, otherwise, you might jeopardize your Eviction.
@@LandlordAttorney thank you so much. I appreciate you answering my comment.
Things have changed in Dallas County. They are much more liberal on the tenant side. Some courts are no longer enforcing state law in my opinion so be careful.
That's what I hear.
How are you mr. Garcia my landlord file for an eviction 10 days before my 30 day notice expired what happens when they do that once I go to couet
That depends on the basis for the Eviction and on the laws of the state where the Property is located.
Im not sure if the lease describes those things in detail but I will revised it and do what you suggested and they also have two more people leaving there that are not in lease is just one bedroom unit there are five adults total only three on lease should I asked to pay the 100.00 for extra person as on lease or just have them move out as I believe the limit for the room size is 4
That's going to depend on what your lease specifically says about having unauthorized occupants. If this is also a violation, send a Notice of Default and demand that the tenant remove all unauthorized occupants.
I have a tenant that can’t afford the monthly rent and got assistance from the city i had to wait 2 months before he got approved so i got a check from the city
For 4 months rent at the 5th month he ask for a few more days to pay rent well it turn into 33 days later he paid he said he was going to ask for assistance again. Then again i had to wait almost 2 months for his application process i just don’t want to deal with this i did give him a written notice 2 months ago that i was not going to renew his lease
Ms. Alvarez, if this case is in Texas, feel free to reach out. We can help to properly terminate the Lease and guide your though the steps. To schedule a consultation with the Attorney, please call us at (832) 305-7694 or book your appointment online at: lawofficeoferniegarcia.as.me/schedule.php.
Thanks for this video! I have a situation where I have cosigners as well as addendums to the lease. One of the tenants broke the lease by leaving in May and that tenant's portion remained unpaid since, since the remaining tenants made no effort to find a replacement. The lease expires this month and one of the tenants is staying by himself while another is leaving. I asked if this tenant who's staying is confident about finding replacements since he is otherwise on the hook for the entirety of the rent in the upcoming months. I was wondering if I would 1) be able to consider the unpaid amount from May to this month as the deficit for eviction and if 2) I can or will need to name all of the other tenants and cosigners on the lease agreement in the eviction process. Thanks again!
If you are in Texas, you can use the unpaid rent as a cause of action for Eviction against the remaining tenant, and you could sue all of the tenants together if you want to, but you only need to sue those tenants who are still occupying the unit.
@@LandlordAttorney thank you very much!!
Your Eviction would go against the remaining tenant, but to sue all tenants, that would have to be in a separate lawsuit for breach of contract.
Here's another thing to never do: Don't harass or threaten your tenants during the eviction process. I was living in a 4-plex for 10 years. Owner died at the beginning covid and his kids put the building up for sale. New owner shows up on a stat holiday and serves evictions to all the tenants. I know the local laws and knew he didn't have cause so 3 out of 4 tenants went to arbitration and won. 4th tenant moved out. He then served remaining 3 again. He threatened my daughter (new mother of a 6 month old) told her he would throw all her stuff on the lawn and she'd be homeless so she moved out. We won arbitration again. He served the remaining 2 tenants a 3rd time but this go round he started throwing parties in the 2 empty lower suites. He would come over at 6 in the morning and play drums (have him on video), He said he would do this every day until we moved out, it's his property and he can do whatever he wants blah blah. I had to call the police on him 6 times and a few of his friends were arrested for breaking covid health protocols (he was fined). He and his reno friends would enter our suites when we weren't home (again have him on video as I have a security camera). They would use power tools at midnight. The last straw for me was when I came out of the shower in a towel and one of his crew was standing in my kitchen. The process is there for a reason to protect BOTH the landlord and tenants. Let it run its course.
If the new owner comes, but there is a written Lease in place, there are Tenants' rights the new Landlord needs to honor. Landlords are bound to follow the rules of the Texas Property Code in much the same way they expect their Tenants to follow the rules of the Lease. Best of luck to you.
Does the same protocol apply for unruly, property damaging adult Children with no lease?
Which specific protocol? If you mean for Eviction, you may want to watch this video: czcams.com/video/ddcdXJom8A0/video.html
On property under rent control, when am I allowed to increase the rent?
Is this property in Texas?
During a noncontefted eviction process in Florida your tenant tells you he wants to give you the key and house. Is this ok to accept or does landlord waive any rights by accepting
As I'm only licensed in Texas, I 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.
Hello! What happens
In regards to unpaid rent money that was included in an eviction case if the judge rules take nothing judgement and no Appeals are filed?
Depends on the reason why the court ruled "Take Nothing." However, if you didn't get a money judgment in Eviction court and now the tenant is gone, you might just forget a new lawsuit against someone who you can no longer locate.
@@LandlordAttorney thanks so much for your prompt reply I appreciate your videos.
This is how the judge ruled: Plaintiff failed to prove the allegations of the petition and finds that the Defendant remain in possession of
the following premises; it..... is therefore
ORDERED that Defendant be awarded possession of the premises and costs in the amount of $ _____ and the
Plaintiff take nothing from this suit.
@SamSam-ur7nh Potentially, the Landlord can file a new matter for all contract damages including any unpaid rent. In Texas, the ruling in the Eviction court would not preclude a second filing for all contract damages.
Question: I am in process of evicting my tenant for nonpayment of August (and I doubt he'll pay September either).
Last week he asked me to come to the house to go over his proposal to resolve. He had some very minor repair requests to which I offered to fix (ie. New Battery on smoke alarm, tighten a faucet). I offered to have my contractor make repairs and he responded with, "let's make a deal, either you hire my company to not only fix the repairs but also remodel the entire home inside and I out in exchange for rent free for a year, or I sue you for misrepresentation of the home. I was told this home is pristine, and when I moved in, it's not prestine. That's misrepresentation and it's considered fraud!!! I can sue you and you will lose the home!!!"....
Can he do this?
Probably not. Don't accept this terrible offer. If you are in Texas and need legal assistance, feel free to call us at 832-305-7694.
Those two requests are something that I personally would not even bother asking a landlord to do. I would do it myself. Tighten a faucet?! Replace a freaking smoke alarm battery?! What is he, helpless?! Pathetic
The government must drop the rent for tenants
That's called government housing. It's already a thing.
Where do I get a third party affidavit to deliver my 30 day notice to quit? I'm in Illinois
Is the rental property also in Illinois? If so, as I am only licensed to practice law in the State of Texas, I am unfamiliar with the eviction procedures 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!
Hello I'm new here what if I gave them the wrong date for the 3-day but then handed them the correct one?
That might correct things, but it might also start the clock over. Make sure the notice that you supply to the court as evidence has the correct date of your delivery and complies with the law in terms of substance.
What if i just demand possession and didn't state it was because of breach of agreement
The court may deem it insufficient.
I'm dealing with a situation where my landlord essentially pressured all my roommates to leave (he was initially planning on selling the place but changed his mind) and is now attempting to hold me responsible for the cost of all of their rooms to pressure me to leave. Despite the fact that I've been paying rent for the one room I rent, he listed almost $10,000 in vacancies as "unpaid rent" on my notice (essentially hyper inflating the numbers to make me look delinquent) I expect this won't fly in court but ive never had to litigate something like this. Will it likely just appear as a kind of harassment to the court?
This depends on your agreement. Are you on the hook along with your prior roommates, or did each of you sign completely separate leases? If you all signed the same lease, you are probably all bound to all of its terms, which means that the last person occupying the property gets stuck with the full responsibility of the lease.
@@LandlordAttorney we all signed separate leases and it indicates in my lease that I only pay rent for one room.
My tenant didn't give me 2 months written notice as per rent deed and left my house on 26th Aug 21 with all his belongings. The tenant didn't pay rent since Aug21. Now the house is locked and he's not giving the keys, He's asking 3 months advance security back. He has blocked all of my numbers. Police is asking to go to court. What should I do? Can I break the lock as per the rent deed clause that "in case if tenant doesn't pay rent in advance and tenant is missing for 30 days then owner can break the lock in the presence of 2 witnesses". Please advise?
Well, first I'd need to know the state in which this property is located. I can give legal advice for the State of Texas. Generally, the first place to look is in your lease. If you have not received rent and the Tenant has abandoned the unit, you may have a way to declare the unit abandoned in your lease. Sometimes this means leaving a notice inside of the unit. As for changing the locks, this is also tricky because you will need to leave a certain notice to the tenant to contact you for a new copy of the key (unless there is a back door that you can use or a window). Overall, you need to speak to an attorney before you take the next step to know for sure that you are doing what's right in accordance with your state laws and the lease itself.
@@LandlordAttorney if i break the lock then after tenant file a case against me that he had jewelry and cash and furniture in the house. Can a recorded video and witnesses help me in the court that there was nothing in the house? Actually I'm from Pakistan. In Pakistan we have British law.
Unfortunately, as I am only licensed in Texas in the USA, I am unable to counsel you on Pakistan Eviction laws. I would recommend contacting the Pakistan Landlord/tenant attorney.
How can.n ask you to sign a lease agreement then turn around and ask for money for utilities? The agreement said everything included
Follow the lease. Does the lease say that everything is included? If so, follow that. However, make certain that's the case.
@@LandlordAttorney yee, the lease says everything is included.Whwn İ got the cashier's check to pay rent,O asked the bank to put PER AGREEMENT on the check.
I’m just watching this.
Question: Can I sell the house hoping to force the tenant out of the property?
An eviction case had been filed for non payment and unauthorized person we presume to be living at the property (the aunt). First hearing was done and will meet again in a week. I agreed with the judge to give an opportunity for my tenant to make a payment.
My concern is that I know this tenant is making up stories. Now she’s claiming she’s a RN (I am as well) and travels for work and that’s why she has the aunt at the house to watch her daughter at times. I have never seen a daughter at that house. The judge asked if she can pay the rent and tenant said ‘yes and then no’. Judge goes ‘I don’t understand, can you make the payment or not’. Ha! She was caught lying pretending she travels for work and yet couldn’t make rent payment.
This is our 3rd rental property and my 1st time to deal with an eviction process.
The short answer is, "Yes, you can sell your house even with a bad tenant in place." The challenge will be getting full market price in this situation.
@@LandlordAttorney I’ll be calling your office this afternoon. I may need the proper legal advice from you. I’m in Houston.
Great, Cathy.
I live in Murrieta, California. I have a rent agreement that single person is to stay in the room but the tenant kept bringing his girlfriend to stay over night daily. Can I do an eviction because he violated rent agreement and have his girlfriend stay over night often even after I told him that rent agreement is only for single and not for double occupancy?
First of all, I'm not familiar with CA eviction law. For that, I'd recommend checking out kianlaw.com.
Second, this matter depends on the specific language in your lease about overnight guests. Generally, an overnight guest is not the same as an unauthorized occupant.
Hi Ernie,
I help my mom out with her rental. Its my mothers property and her name is on the deeds. Im on the lease along with my mother listed as the landlords. Am I able to file an eviction form on her behalf and show up as the landlord at a jp court? Ive been the one handling the tenant since the start.
I may have to review your lease and your deed to say for sure. Is your rental unit in Texas?
@@LandlordAttorney yes my rental is in Houston, Texas.
If you would us to review your paperwork, feel free to schedule a consultation with us. Here is the link to book the appointment: lawofficeoferniegarcia.as.me/schedule.php. or you can call us at (832) 305-7694 to schedule it over the phone.
Is it wise to add in the notice to vacate that I no longer wish to rent the apartment to anyone?
In Texas, this information does not add or detract. The fact that you mean to use the Property in a different way may be a factor in your decision, but it's not something that necessarily makes your Notice stronger. In the State of Texas, a Notice to Vacate should be an unequivocal demand for Possession with your basis for that demand (nonpayment of rent, holdover, lease violation, etc.) clearly stated.
@@LandlordAttorney Thank you.
Hi is ok to change later rent payment fee in Texas thank you
Are you asking if fees in a written lease can be changed later? Any term can be changed or modified in a written agreement. However, once you have a signed written agreement, the only way to change (modify) one of the terms is for everyone who signed the original agreement to sign a document modifying the original agreement. One person generally cannot, on his own, change something in a written lease. If the lease is month-to-month, then it can be modified with a 30-day Notice to the other party.
@@LandlordAttorney thank you
@2:15 “the inside of the main entry door” uhm how? Did you mean the outside?
No. I mean, knock, unluck the door (if no one answers), open the door, and affix the notice to the inside part of the door. Then close the door, lock it, and leave.
Can they go up and down on rent month to month if your on a yearly lease
Not unless both Landlord and tenant agree to it in writing or until the lease term ends, and, even then, only with proper written notice.
@@LandlordAttorney we agreed on 1325 then one month it went to 1191 now this month it’s 1324 🤷🏿♂️ I confused on what’s going on and no head up on goin down or goin back up but a dollar under or that I have some type of credit to anything
Question. My tenant is on a month to month. No lease. But there is construction going on in the house. That is why she refused to stop paying. But we agreed verbally that construction will continue 6 months inter her month to month. She called 311 and they gave me violations for the construction. I’m the primary tenant on the lease. Any advice? Can I kick her out? With the moratorium in place, she will be there for another 5 months rent free. What’s my right on a mount to month? I don’t want any government money. Too many strings attached.
You cannot evict on the basis of her requests regarding the repairs. I would not connect these issues. You can, however, generally terminate the month-to-month tenancy with a 30-day written Notice of Termination. This notice does not require cause. Is the Moratorium in your area a Moratorium on all Evictions or just those based on nonpayment of rent?
@@LandlordAttorneyThanks for your rapid response. I’m in Brooklyn, New York. The moratorium is vague in a way. The state is saying not to pay. But it never states that you have to pay rent if you have a job. They just say if you can’t pay rent you don’t have to. What I want to know is this… Can you work and not pay rent during moratorium? And if you don’t pay rent you can then apply for government help any they (the government) will pay the landlord the months you owed. But how does the government know if your working or not? Because those who owe me rent are working. It’s almost theft not to pay me and claim hardship and the government cuts them a check. I think this is one reason why they haven’t released the 46 billion remaining in federal aide. It’s a little complex. Anyone can lie.
The government will give them money for the months they are owed. But I’m declining it. Accepting the money means they stay there for another year.
@@aventinesolis, youre right. If you're done, reject the tent relief.
Hi, Dear, Ernie,
Is it violating the lease agreement? If the tenant signed but still have not send me a photocopy of Lessee’s driver’s license. the tenant has moved in for 8 months.
Not sure. That would depend upon your lease. If this is required by your lease, what does your lease state about the tenant failing to comply with this requirement?
Good point. Struggling with this tenant, but learned a lot from the process. Specially learned so much from your CZcams program. Will do better job in the future.
A photocopy of Lessee's driver license is listed on the lease, but did not specify that if not provided , the tenant Will be evicted. Learned one more thing today.
I can't thank you enough.
@@hollyxie4059, you may have a general provision in your lease that states "If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: Landlord may terminate Tenant’s right to occupy the Property..."
if you sign a lease with one he does not have a job now, but his wife and adult kids leaves there and they have a job but they still dont pay the rent, and if you dont know there names how to find there name to put in N4?
Unfortunately, if the only one who signed the lease is a guy with no income, he's the only one obligated to you by contract. None of the other occupants can be sued under this written agreement unless they also signed it.
@@LandlordAttorney thanks.
@cj5214 no problem
I have lived with my mom for over 30 yrs , she has been bed bound for the last 4 years & I've been taking care of her , She passed away 5 months ago , her name was on the rent stabelized lease only . The LL has been accepting rent with my name signed . The LL doesnt want to give me a renewal w my name. I'm worried he will try to evict me next month . I have a lot of legal documents that prove I have lived in the apt . I know you are a LL attorney so I would like to know your opinion. What is the LL going to do . What do I do , I lost my mom , my job , I don't want to become homeless
Gia, I am so sorry for your loss. First of all, are you in Texas? If so, I am a Landlord/Tenant attorney, and I am happy to help. For your best protection,you should have Lease renewal with a Landlord. That would be your mutually binding contract establishing your right to reside on the property. If the Landlord gave you a Notice of Termination (or a Notice of non-Renewal), unfortunately, you may have to find another place unless you negotiate it. Try talking to your Landlord and ask if you could possible renew. If you stay on the premises beyond the Lease term, unfortunately, that can become groungs for eviction on a basis of Holdover. Here's my video on Notice of Non-Renewal czcams.com/video/xKobHjPsiqs/video.html
@@LandlordAttorney Thank you for your reply, loosing my mom was very painful . I'm in nyc and I believe I have legal succession rights to the apt since I've been a legal occupant for 30 yrs , recently I have obtained a tenant lawyer to help me , the LL has known us for many years & we've been living in the building before his dad purchased the property. I didnt want this to get ugly.
Unfortunately, as I'm only licensed in Texas, I will not give my opinion on NY law. However, if you have found a good legal representative, stick to their advice. Best of luck to you.
I made the mistake of allowing the son of a friend to live in my home "as is" rent free at will. Now he expects a Better Homes and Gardens place for thr rest of his life. He has appealed the Eviction. I'm evicting him for destruction of property and strictly prohibited pet. In Jefferson County Tx. I think his DWI attorney is telling him what to do.
Unfortunately, these cases sometimes come down to whether notice was proper, and, if the tenant has counsel, you can bet that these arguments will be on the table. You will want to know how to establish a suitable bond to prevent a second appeal at the County Court level. Good luck.
Get it professionally process served.with an affidavit
Here in Harris County, Constable service is usually pretty reliable for Eviction cases, but private process servers can be life savers in cases where Defendants are dodging service.
@@LandlordAttorney My notices can simply be given to the tenant or put at his door, I put a date served on it and I keep a copy of it and show it to the judge. I have to say in court that I served it and when I served it. The notice is very important because if I don't do it right I will lose and have to let the tenant stay and go back and do it again next month.
An ill friend is selling me his house and property and has had a tenant living there for over 3 years and refused to pay him rent, she took Advantage because he is ill. So he has stopped paying the property tax and I will be paying that tax and purchasing it from him. How do I get her out as fast as possible? This is in Texas
One really fast way is to offer the tenant cash for keys. If that doesn't sound good, you should terminate the prior lease with a 30-day Notice and advise the Tenant of a new, significantly higher level of rent. This generally affects a bad Tenant's ability to appeal as easily.
You might benefit from a 30-minute consultation. The fee is $199. 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
I got a question.
I got evicted yesterday.
Never was serve with a 10 day notice to leave the property..
And when I was at work yesterday he came and change the locks.
Now he's telling me that he trying to keep my property for back rent..
Is that legal.
This depends on your lease and your state. If you are not in Texas, I strongly recommend that you seek out a Landlord/Tenant attorney to quickly hear your legal options.
@@LandlordAttorney
No I live in Pittsburgh, PA.
Went to housing court on filed paperwork for appeal and to see if I can get back into the apartment.
Landlord is mad now.
Gave him a notice that I wanted to set something up to pick my property up and he saying that he trying to keep my stuff for pass rent.
He can't do that can he..
I got a hearing with judge on the 28th but I got nothing.
Is there a way I can at least get some of my clothes.
Plus don't got no lease.
The building is an industrial bldg and he put apartments up stairs.
I thinking that no one in bldg got lease and he just picking the money every month.
How can I look into that and report him huh?
Any suggestions.
Elliott, infortunately, as I am only licensed in Texas, I cannot guide you through PA eviction laws. I'd recommend finding a Landlord/Tenant attorney in your area. Best of luck to you.
@@LandlordAttorney
Thank you
I sent a 3-day pay or vacate letter certified mail and USPS mail and the tenant did not accept the certified letter. I sent the certified mail and mailed the USPS letter on 10/6/23 and the certified letter was only attempted to deliver today 10/11/23. Do I reattempt delivery? I know she will not answer the door to accept it. What should I do now? Do I contact her and tell her I'm filing an eviction or just go file?
When the certified letter is attempted delivered, the post office leaves a note stating that a certified letter is waiting at the post office. Generally, I assume that if both letters (regular mail and certified mail) were deposited at the same time, then the regular mail was delivered on the day the certified letter was attempted delivered. That's why you should always do both. Regular mail gets delivered, and certified mail gets tracked. I count the day it was attempted delivered as day ZERO. Then, after the next 3 days, if the tenant is still there, file on day 4 or after. It doesn't matter if the tenant never gets the certified copy because the regular copy made it to the mailbox. Keep your receipts as proof of mailing and print out the tracking report in case the court asks for it.
@@LandlordAttorney Thank you!!! You are so helpful. I’m so worried that I am going to do something wrong and it will be thrown out! 😬
@@LandlordAttorney Is it wise to let the tenant know that I will be filing an eviction?
@hollihaddix4491 Your Notice to Vacate should be all the warning they need.
What if no receipt is given when you pay
In Texas, a cash payment requires a receipt. For all others, the proof is on the tenant.
What about a landlord who doesn't want to be a landlord and I'd just filing for eviction to get us out even though we're paying our rent and we also have a rental assistance program helping us they are still pursuing an eviction basically the landlord is only dping this to get us out we don't actually owe
Are you renting a property in Texas? If so, feel free to reach out and we'll be happy to help. We'll review your Lease, your facts and draft legal strategy on how to proceed. Here's the link to book an appointment lawofficeoferniegarcia.as.me/schedule.php
The landlord evacuated me by N12 to live with his wife there, after 4monthes of evacuation me , the neighbors told me that the house is empty and the landlord didn't come. Is that consider as a bad faith?
Is this in Texas? Was the eviction based on unpaid rent or lease violations?
I'm going through eviction but it was illegal because I wasn't a tenant I was an employee. The judge throat everything out against my employer. I'm living on the property of the business, and they never paid me a dime for working which they promised. I resigned because of the slave mentality that the owners had and how they was treating me. Is there any way that I could contact you to talk
Sure. Our number is (832)305-7694, and our email is info@attorneyEG.com. You can also book an appointment by clicking here: lawofficeoferniegarcia.as.me/schedule.php
My tenant has caused damage to my property, shattered living room glass sliding door, neglecting pool and now its green and causing strain on pool filter, literally has 10 new born puppies in living room and it smells horrible, carpet is disgusting, daughter smokes pot inside home, dogs chewing on garage entrance wood door, can I evict during covid?
Your option to sue depends on 1. Your lease and what tenant actions constitute the kind of breach that triggers Eviction and 2. Your jurisdiction and whether you are currently allowed to evict. Do you have a signed written lease? Where is the rental Property located?
@@LandlordAttorney Yes we have a signed written lease and the property is located in Riverside County California
The best approach would be to seek out a Landlord/tenant attorney licensed in California. As I am not licensed in that state, I am unable to offer legal advice for Evictions there.
Can I have a minor sign a lease?
Any contract signed by a minor is voidable. Is there no adult who can sign instead?
Great video that is clarifying main points, THANK YOU! Could you please explain the eviction process where 2 tenants had been given 30 days Notice of termination of Month-to Month Agreement due to the property gone fully under the contract for sale and one tenant moved out and another did not and both stopped to pay rent while both still were occupying the property. It is unclear if current New Jersey eviction moratorium will prevent the eviction of staying tenant and unpaid rent collection from both of them
Elena, we are glad you've enjoyed the video. In Texas, if there are multiple Tenants on the Lease, and if everyone is still on the premises at the time that you file, you need to mention every Tenant who signed the Lease in your Eviction petition. However, the best approach would be to seek out a Landlord/tenant attorney licensed in New Jersey. As I am not licensed in that state, I am unable to offer legal advice for Evictions there.
What if he accepted payment after eviction warrant?
That would depend on the basis of the acceptance. What was the agreement between the parties regarding that acceptance? If there was no specific agreement, but a certain amount continues to be owed in unpaid rent, then that payment may only lower the total debt without affecting the Eviction itself.
@@LandlordAttorney thanks for the timely reply. I was never served anything beyond the warrant after the court date in regards to payment. I was waiting for official documentation to be presented to me, but all I got was the warrant on my door. Considering asking for a stay per the judge but don’t know if it’s applicable.
Can a landlord file eviction before the 72 hours is up
Depends. In Texas, the Lease can allow for fewer than three days in a Notice to Vacate, but if the NTV is a 3-day Notice, the Landlord must wait until after 3 full days.
What happens if there is no lease? But it is only because your landlord doesn’t like you!
If there is no written lease, but there is an agreement to pay rent for a residence, then in the State of Texas this Oral Agreement is a Lease.
@@LandlordAttorney Thank you!
I allowed my tenant's boyfriend to move in since she is disabled and got to rent my property. They have lived there for 2 months and I just found out today he is a sex offender with a class B felony and is not on the contract. Can I evict this sex offender or request that the tenant evict him? I live in Indiana.
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 Thank you. I will check with a landlord/Tenant attorney in my state. Thanks for the very fast response.
You can't ask for unpaid rent under the eviction moratorium. You can only evict for lease expiration.
The biggest question is, do the landlords want Possession of the Property or a judgment for unpaid rent? If both, the landlords may face complications while the Eviction Moratorium is in place. If they just want Possession, they can sue for lease violations.
@@LandlordAttorney If they want possession they file for possession. No reason necessary. Just expire the month to month (or week to week) lease.
@@LandlordAttorney Exactly so during the moratorium don't ask for a judgement for unpaid rent and you're good to go.
This landlord refused to fix anything. Lied about any notices. Got the judge to give him a writ by saying he gave the rent back but says there were late charges. Said he gave a 5 day notice on the 4. Took all belongings and a car and disappeared. Help.
Scarlet, are you in Texas?
Dear Readers,
This concept of Landlords renting property at extorinate rent is an anachronism which has no place in a civiliased society.
There should be no question of any landllord owning in excess of one (1) property until each citizen owns a home.
To continue with this system of allowing some people to own multiple properties while a family are precluded from owning is an unacceptable form of slavery and clearly immoral.
I saw this to late.🤔
Hello, sorry no Im in LA CA
I'm not licensed in CA, but I do know a great attorney out there. You can check out: Kianlaw.com for more information about CA specific eviction laws.
He is for the land lord poor tenant wouldn't have a chance with this guy. I have been crying sorry MR but n I didn't do something do wrong now I am a widow without extra help.. doing my best to pay $ 359 owe to the rental office which is a big company. I have no fault refusing to.pay just had to wait for legal papers when my husband recently passed away..
Yea only $359.00 to rental.office when they get finished with rental fees I am buried alive .
Ms. Charley, I am so sorry for your tragic loss and for your hardship. I believe if you can explain all these facts to your Landlord, they may work with you. I hope you will be offered an option to have a payment plan that is doable for you, or you can apply for the assistance. Best of luck to you.
sorry but I don't have to do anything except use YOUR lease, and if I have a problem, hire you. rather simple.
I have a new landlord they took over oct 5 2022 I owe the old landlord 1 month of back rent because of things that need done to the property were I live do to water damage that is the landlord responsibility the new landlord gave me a three day notice to move then filed it with the court and with my court papers had my old lease from my landlord with it I have never got a new lease from the new landlord what are my rights
Hi Mr Garcia I have a tenant who is a Sex offender and I didn't know when I rented him the Appartament. The Managment company of my condominium is forceing me to do and Eviction on my tenant. I never have any problem with my tenant and he is paying the rent on time. I don't have any reason to evict him because he is not on Probation any more. The tenant is agree to move out in 60 days but still the Managment Company want me to evict him. What I need to do? Thanks for all your good advice.
In my county, I don't need a reason for eviction, I can simply terminate the lease for no reason.
Mr. Crandall, what county are you in? If you don't mind sharing.
@@LandlordAttorney Durham, NC. I can terminate a month to month lease with a 7 day notice (before the end of a term) and then go file for a court eviction. A yearly lease it requires 30 days. It's called a lease expiration.
Thank you for sharing.
@@LandlordAttorney If it's a yearly lease and you want to terminate it early you would need a good reason and in that case I suppose you may need some proof. Otherwise you would have to wait until the end of the term and give a 30 day notice and no reason is needed. The Video needs to clarify that.
@@crand20033, well, the reason in this scenario would be Holdover. If a lease is terminated in writing, and the Tenant vacates, there is no problem. However, if the Tenant remains, it is generally necessary to serve a Notice to Vacate on that Tenant who has stayed beyond the date of Termination. Even if the Tenant offers rent, holdover violates the agreement because the tenancy was terminated.