5 Errors That Destroy a
Vložit
- čas přidán 4. 07. 2024
- Book your appointment at lawofficeoferniegarcia.as.me/...
For Landlord Resources : attorneyeg.com/landlord-resou...
If you've never had to send a Notice to Vacate, the whole thing might seem, at first, like a piece of cake, but I can assure you that it's the kind of thing that ruins Eviction lawsuits on a daily basis. To get it right, a Landlord needs to follow Chapter 24 of the Texas Property Code. Simple, right? Wrong. Many landlords get these requirements wrong, wrong, wrong. If you want to get your Notice to vacate right, make sure you watch all the way to the end.
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 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.
Your videos are so helpful!
I'm glad you think so.
Good video👌🏻
Thanks for that.
how does a R I T works with the process server doing it and moves the tenet out and their stuff right away could you do a video about that
In Texas, a Writ of Possession is only available after the appeal has run out after a final judgment in an eviction. Once the judgment is final in an eviction, the landlord can request a Writ of Possession, which takes about 1 to 3 weeks to process. Here is a video on the topic:
czcams.com/video/5Pxn8-73QS4/video.htmlsi=JJOnRGBY_lQ3xlEi
How do you date the letter to cure if your saying the 3 day clock starts when mail is delivered? We understood it as 3 day clock from when you drop in the mail (and also deliver in a unofficial way like by portal/email and outside of door)
When you mail Notice to Vacate, to give Tenant 3 full days, just call the first day, Day Zero. It enables to give tenant 3 full-length days.
Where would I post a 3 day notice for someone who rents a room in my home? Do I post it on the inside of room door that they are renting ? Or the main house door?
With shared space it is best that (well before trouble brews) you establish a way for each tenant to have exclusive access to their own mail. Unfortunately, unless you personally deliver the notice in-hand to the tenant, they can claim they never received a notice posted on the inside of "the main entry door." The co-tenant would have equal access to the notice, which itself might violate debt collection laws. Mailing by regular and certified US Mail is still a Gold Standard.
Please do a video on emailing notice to vacate when notices are agreed to be delivered by email in the lease agreement.
I've done numerous videos on proper notice to vacate in Texas. Email, even if agreed to in the lease, is not appropriate in Texas for a Notice to Vacate. czcams.com/video/lo1pbGwWeAw/video.html
My landlord sent a mass text to everyone in the house that he’s selling the home and we have 30 days. I’m in Florida. I don’t believe a “mass text” is proper notice to vacate.
I'm only licensed in Texas, but sale doesn't terminate a lease. Additionally, termination of a month-to-month lease must still be done in writing in accordance with the lease. If text communication is accepted by the court, then this might be proper, but there are not enough facts here to make that conclusion.
Offered a lease renewal May 28. 2023. Signed the renewal that same day. June 7,2023. I received a notice to vacate 30 days from the end of my leasing term. Explanation from the company. Owner wants to sell the property. Is this legal?
Did you sign a month-to-month lease or a longer term? Yes, the Landlord can sell, but the new owner would be subject to your lease. If you signed a 12-month lease, for example, the Landlord probably has no right to terminate the lease before the end of the term, simply due to the sale.
My landlord is my neighbor and dropped of both my nonrenewal notice and notice to quit just by sticking it in an envelope with my name on it and putting it in the mailbox. I suspect this is improper notice. Additionally he calculated the amount owed incorrectly as per our leasing agreement (he's trying to hold us responsible for rooms he kicked my former roommates out of after waiving the fee for months because he intended to sell). Is this improper notice? Also thank you for your videos they've been a great resource
Generally, placing the notice in your mailbox is not delivering the notice by mail. However, depending on the judge, the fact that you received actual notice may be sufficient. I encourage you to raise this as an issue, especially if you kept the envelope to prove postage was not paid. If this was the only method of delivery, you might be able to argue improper notice.
Check out the top of Page 4 of this article: www.gao.gov/assets/ggd-97-85.pdf
Good evening. I appreciate your channel for new at this. My case was dismissed with prejudice against tenant for failure to list proper paries. I refiled immediately the same day and did not give them another Notice to Vacate, I just usednone from previous case. Not sure if thats going to fly because case was dismissed not continued. Im thinking I shouldnhave started over.
If this is a Texas based case, my firm can review this for you. Let me know if you're interested in a 30-minute consultation.
@LandlordAttorney no sir this is Oklahoma case.
@@Ms.KimLawson-fb3en Unfortunately, I wouldn't be able to counsel you on what exactly works in an OK courtroom.
@LandlordAttorney Ok I understand. Thank you.
daughter had father (owner of property) signed an eviction letter without telling him what he was signing. I spoke to the owner, and he said to ignore the notice, his daughter didn't tell him what it was and did not want me to vacate, and would talk to daughter. Six weeks later, I received a letter of "Vacating Instructions" and copy of the eviction notice. Father (property owner) on numerous times, insisted to ignore the eviction notice. Per notice, I have less than 2 weeks to vacate. What are my options?
If the owner gives you permission in writing to stay after Notice from his daughter, that updated Notice should supercede the Notice to Vacate. However, what he says to you has less power than what was presented to you in writing.
And what if theres a typo on the n7 but not the l2?
Not sure what you mean.
I'm in Texas and I delivered the notice to vacate via email since the lease agreement has a section titled "notices" with the tenant's email address. The case is on appeal for this reason. I sent the notice on 03/01/2023 and filed my case on 03/06/2023. I also sent a certified letter that the tenant received on 03/06/2023. Will the tenant win the appeal citing they weren't given the full 3 days?
That depends on two facts:
First, did you mail the notice on March 1, 2023 (or no later than March 2, 2023)? If so, you have a legitimate claim that, because of what's called the Mailbox Rule, the Notice to Vacate was deemed delivered on the date of mailing.
Second, will you be in front of a judge who subscribes to the Mailbox Rule, or does that judge require actual notice? As stated in the video, email is insufficient for purposes of Chapter 24 of the Texas Property Code, but, in this case, it might help you because it potentially gave the tenant actual notice on March 1.
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
@@LandlordAttorney I mailed the certified letter and the regular mail letter at the same time on 03/02/2023 but I have no idea if Judge Diane Jones subscribes to the mailbox rule. Do you happen to know?
What about when a corporation tries to evict in retaliation while there's a t2 and t6 against them?
If this is outside of Texas, we won't be able to guide through this. We'd recommend reaching out to a Landlord/Tenant attorney in your area.
What if I got a notice to vacate and it is the wrong person’s apartment and name?
That sounds like ineffective notice.
left demand for rent and 7 day notice to cure or quit in tenants mailbox... copied each document and took photos of the envelopes in their mailbox
Technically, no one is allowed to deposit anything into a mailbox except the US Postal Service. I wouldn't present that evidence at court, as you have technically commited a crime. You will want to submit notice though a legal means before filing your eviction.
My state's forms say Left at the abode of" so maybe I should tape them on door?@@LandlordAttorney
How Can I Report A Bad Tennent In New York
Not sure what you mean about reporting a bad tenant, but your best option might be to contact your local bar association to find a landlord/tenant attorney who might be able to point you in the right direction.
Really good videos. But what if the tenant is a Family Member that was only supposed to be in the house temporarily with no lease? And refuses to leave as well as claims ownership of the house with no proof?
Yeah, that can get complicated. I do have a video on the topic of evicting a guest: czcams.com/video/ddcdXJom8A0/video.html
@@LandlordAttorney Facts. Outstanding and thanks.
My landlord didn't even give me a notice at all. I even called the health relations the city expector told her to let me out my lease and give me my money back because I didn't have no heat in my apartment when I moved in and I have kids who where toddlers at the time but when I took my landlord to court and was sueing her because she wouldn't let me live and I guess when she received the sheriff's documents she went to court and filed on me to sue me for own paid rent and we had our case the same day if I didn't look in my mailbox to see if I had mail I wouldn't never new I had court with my landlord and she lied to small claims judge also she didn't even have my kids on my lease and the lease isn't filled out correctly at all I have and she told the judge that she wanted to evict me at the court hearing I didn't even get a proper notice and my landlord didn't even let me out my lease at all and my landlord didn't even have any documentation when she came to court she was allowed to go back to office to get her documents and she only brought the Lenger and it was correct and how much money I suppose to owe her. And I'm income base family household and they was letting me pay more than 30% of my income I'm trying to find a lawyer because she lied and she was taking my money and she didn't even provide correct information now I have eviction on my public record and now it's hard for me to even find somewhere to move to because of it I live in Winston salem NC and still trying to find help because the landlord had scammed me out of money and the lease isn't correct about the money portion and when I was supposed to leave I left just like the judge told me to but the landlord didn't even give me a reason why she took security deposit and she already moved someone in my unit before 30 days and took my money. Another landlord excepted me because I told the landlord what happened in the landlord said that my old landlord supposed to have me the proper notice before taking me to court anyway. Oh and don't let me forget I even gave the old landlord my 30 day notice and she still didn't let me out of my lease. And she just lied a lot to the judge if I said something she would cut me off and say something else to back up like when I said there wasn't any heat in my unit when I moved in the old landlord would say yes it was. That landlord was just making me feel like I wasn't supposed to be heard at all.
What if my tenant never picks up the certified letter?
technically, your Notice is deemed "delivered" as soon as you drop it in the mail. We send it by regular AND Certified US Mail, and we usually wait a week before filing. Keep your receipts. If you wait a week, you're usually safe, especially if you can track it. You're better off giving a few extra days than having a judge require the letter to be received by the tenant before the count starts.
I am the landlord and my name is on the lease as "Landlord" or "Lessee", but she makes her checks (NSF) out to my company name. Do I put my name on the letter to vacate as the landlord or my company name?@@LandlordAttorney
What if the notice only has the parents names but not their adult dependent son?
make sure to list all the occupants.
I'm new to this business, I 'm just hoping and praying I don't have to do this ever. Thanks for the great information Attorney well done.
You have to do it. 1/2 a million people are homeless today and that number is growing!
Thanks. A first Notice to Vacate isn't something anyone looks forward to, but, when it becomes necessary, you shouldn't postpone it. Nonpayment can snowball for a tenant in financial distress. Best of luck to you.
I had a demand for possession only eviction filed on me. I live in IL.
You're probably going to want to consult an attorney licensed in Illinois ASAP.
@@LandlordAttorney that's just it. Due to the nature of my situation, most lawyers won't take my case.
@InMemoryofJana you need to seek out a Landlord/Tenant attorney who advocates for tenant's rights. I'm sure there is someone out there who would be willing to hear you out.
@@LandlordAttorney well my situation is kind of complex because this isn't actually a rental. It's an owned property and ownership was obtained illegally.
@@Dusty_AI_Music all the more reason to consult with an attorney.
My tenant want to move but want to stay in the apartment on till they get a new apartment an don’t want to pay what can I do ?
Evict them. If a tenant goes 7 days without paying rent, issue a notice to vacate. Are you in Texas?
Thanks, as an aspiring attorney I now know what errors to look for to help my clients win. As an aside, all landlords are societal leeches who contribute nothing to humanity except misery, and it's pretty rich to assume landlords "need" lawyers when the law is almost always on their side, especially as most defences to eviction rely on the landlord failing their obligations. Furthermore, it's pretty crazy to me how even when the law is completely on the landlords side, tenants when 85% of cases when they are represented- to me that says that landlords in at least 85% of cases are awful human beings who shouldn't be in the business of owning property and should y'know, get a real job. But thank you for your analysis!
lol who hurt you?
You’re comments about landlords is very narrow minded and short sighted. You don’t know all landlords & you say they don’t contribute to society! So rude. How do you know? You definitely don’t know much. Btw I’m a full time oncology nurse working with cancer patients and I happen to work the past 39 years serving others & managed to buy a few properties so I’m also a landlord.
you forgot to mention slum lords
Why would anyone include a slum lord in their Notice to Vacate? That doesn't make sense to me. Please explain.