Fix your Notice to Vacate to WIN your eviction
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- čas přidán 4. 07. 2024
- Connect with Ernie at attorneyeg.com/eviction.html
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For a Blog post all about your Notice to Vacate: attorneyeg.com/blog/a-landlor...
******************Section Breakdown****************
Intro - 0:00
Reason 1, Imperfections in Your Lease - 1:24
Reason 2, Wording of Your NTV - 3:06
Reason 3, Improper Delivery - 4:23
Reason 4, The CARES Act - 6:40
Reason 5, Your Local Jurisdiction - 8:24
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The Notice to Vacate is the First step on the Eviction process, but so many times there is a small error that cripples an otherwise valid Eviction. Chapter 24 of the Texas Property Code has a strict set of rules governing the Notice to Vacate that a Landlord is required to send prior to filing an Eviction.
The rules in Chapter 24 are set out for all kinds of tenancies. You might need a Notice to Vacate if you purchase a home through a foreclosure sale, but how much time do you give the prior owner to vacate? How much time do you give a tenant of the prior owner? Is there a difference?
The method of delivery is also a key factor for Landlords and property managers. Some methods are more convenient than others, and some are easier to prove in an Eviction trial. Additionally, with Coronavirus precautions more steps are now in place that didn't exist before. It's the Landlord's responsibility to know what is required. Take all necessary steps to make sure your Notice to Vacate is delivered properly and is suitable for your Eviction Trial.
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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
Thank you Ernie, your videos are a great way to double check on daily entities of our industry. I always pass these along to all my managers. Coming to you from Rio Grande Valley.
That's awesome. We're happy to help Landlords all over the State. I'm originally from Alice, Texas, so I'm familiar with your area. Please keep watching.
Hi Ernie,
Is the 3O days to vacate still enforced until now?
Thank you,
@Joseph Mills Enforcement of a 30-day Notice is going to depend on the specific facts of your case. In some cases it's a "yes," and in others it's "no."
I think those are excelent advices explained in a very understandable way. It's good to be ethical in every situation, but also to do things in a way to protect not only your property but also your health, especially mental health.
I read once "Givers have to set limits because takers don't have any". Some people behave in a very toxic way so whenever possible try to take distance.
I live in a country which I prefer not to mention, where unfortunately the rights of owners are not protected and that's an injustice too.
All my support for people in need of a place to call home, but the fact that some take so much advantage I think only makes things worst for the rest of the normal population in need of a place to live.
All Landlords should be protected by the countries where they do Business.
Thanks for doing the community service especially from new landlords
Totally and always welcome!
We learned from a eviction cop that we should of put the words “any other occupants” after the persons name. That could of saved us $65 and extra freeloaders would be gone by now. The kinda new magistrate didn’t know about adding these extra words.
Great video and thanks.
Certified mail cannot fail.
I appreciate that. Thanks so much.
This was so helpful, thank you so much!
You're very welcome. I'm glad this was helpful for you.
Thank you for this video
We are glad you've enjoyed the video. Thank you for watching.
THANK YOU!!!
You're welcome
What if the landlord claim she gave a 30 day on July 6th, and she had to send it by certified mail? When I told her that I haven't received anything from postal service that I had a certified mail? Because I check my mailbox and I also have informed delivery? she didn't say anything???
She literally sent it out on July 29th and I received it Aug. 1st with a demand for possession/ move out Aug. 6th which my lease expires on Aug. 8th but I was waiting on her to set me up on the 36 month repayment plan to avoid the court process, but she never return my call.
Is my Notice to Vacate valid, because she intentionally waited the end of July to send it to by regular mail?
I often made friends with my landlords and being a handy fellow who is unable to turn down work I often reclaimed homes after they evicted theives. People did so much damage I did plumbing, electrical , carpet, painting ,drywall etc. I found it easier to be a really desirable tenant lol.
That's awesome. I wish this were more common.
Very helpful tips , thank you so much
I wonder if you have any tips on vacate family member staying w no lease, not paying rent, after we move to another house ask her to pay rent so can help us with mortgage , now she changed the lock when we asked her for paying or leave so we can rent it .
I have a video on the topic: czcams.com/video/ddcdXJom8A0/video.htmlsi=A_QefN4-dk9OpOkr
Landlord just put a lock on our water faucet, turned the water off from pumphouse.
A lawsuit is just waiting to be filed against him..I'm pissed!!!!
You may want to reach out to the utility company first, but a lawsuit may be necessary if the Landlord has violated the law. Are you in Texas?
Great Videos by the way
Thanks so much!
Can the landlord kick tenants out if the judgment was for defendant for improper notice to vacate.?
Great videos.
Glad you liked them!
My roommate gave me a notice, didn’t mail it to me, the landlord herself held onto my leasing agreement since I moved there and won’t give it to me, also they changed the agreement just recently by adding another tenant without telling me, and also told me my I was now only renting a room instead of half of the apartment. Is there anything I can do legally?
The Landlord has a duty to supply a copy of the lease to you. See TX Property Code: statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.024
What if the landlord has never produced a physical copy of a lease agreement? I own my trailer and pay lot rent. I was served a notice to vacate, by the sheriff the on the 30th of June, giving me until July 22nd. There is no where in my area to move it to. I'm in Wyoming. Does there have to be an agreement?
Unfortunately, I am not licensed in Wyoming and am unfamiliar with Eviction procedure there. 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!
What happened if a new owner took over the property and wants to live in a unit occupied by tenant who don't have a formal lease but a month to month oral agreement. What do u write on the notice to quit.
In Texas, there is no need to mention a basis for Termination of a Month-to-month tenancy. However, without some default, you must give a tenant on a month-to-month lease, a 30-day Notice of Termination. Thereafter, if they do not vacate, you can serve that tenant with a 3-day Notice to Vacate on the basis of holdover beyond the lease term.
Vivo en Arkansas , tengo un tenant que desde Junio me está pagando tardado la renta y no me comunica nada siempre soy yo la que mando mensajes diciendo que esta atrasada en su renta . Ya le lleve un documento de rent late payment notice; pero no entiende y su contrato se acaba Febrero 2022 pero ya la quiero sacar . Podría yo sacarla sin tener que contratar un abogado y sin meterme en problemas?
Desafortunadamente, como solo tengo licencia para ejercer la abogacía en el estado de Texas, no puedo brindar asesoramiento legal sobre desalojos en su estado. Debe comunicarse con un abogado en su estado que ofrezca una consulta gratuita en asuntos de propietarios / inquilinos y ver si pueden responder esta pregunta por usted. Buena suerte.
I just purchased a home here and Baycliffs Texas Galveston County. The seller wrote on the contract that The house was not occupied I closed on June 22, 2021 I was told by both of the realtors that the house will not be occupied.
To my surprise there are tenants in the house.
Went to talk to them and they said they can stay there for three months until they get the final eviction from the courts.
Do I start the eviction process. Or do I proceed it another way
Juan, if the Tenant had a lease with the previous owner, the new owner is now also the owner of that Lease. You need a copy of it from the previous Landlord. There may be defenses the Tenant can use that are found in that Lease. So, please refer to the Lease first. Also, feel free to read my blog where I explain it in detail: attorneyeg.com/blog/what-happens-if-you-dont-know-the-name-of-the-person-in-your-rent-house
If you are interested in a consultation to discuss your legal options, call us today at 832-305-7694 or click on this link to book an appointment on your own: lawofficeoferniegarcia.as.me
When judge granted final judgment to possession of property but 3 days after tenants file an emergency to stay . Is it allowed? Month to month lease and refuse to move out
If you mean you won your Eviction case at the Justice of the Peace, but the tenant appealed 3 days later? Yes, that's legal. Every Eviction out of the JP Court can be appealed.
I’m in Philadelphia, Section 8, I’m sending a
“Notice to Vacate” to my tenant, I’m selling property, do I have to give notice in person or does certified mail suffice? Also, if delivered in person do I need tenant signature?
We always deliver our Notices to Vacate by regular AND certified US Mail. However, 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!
How do I get rid of a house guest that won't leave? He's been looking for a place for three years. Do I need my landlord's help? Landlord was not informed when he came to stay. I want him gone because he drinks and gets violent. I live in Virginia.
As I am not licensed in Virginia, I cannot give you legal advice. However, I've recently released a video on that topic: Using the Court to Evict a Long-term Guest czcams.com/video/ddcdXJom8A0/video.html
Hello ! I’m in OKC today my mom received a notice to vacant in 30 days it says due to loud noise , arguments etc but she never bothers anyone the new apt manager is trying to get rid of all section 8 people . Is there anything we can do legally to go against this? She’s a good tenant and pays her rent on time, never got a complaint or anything for loud noise. I’m so confused.
Well, I'm in Texas, so I know how I'd handle this here. 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. If the Landlord has no evidence of "loud noise" the Landlord may have no real case. Either way, seek out legal counsel ASAP. Best of luck!
Upon service of app fault 30-day notice do the names have to be correct
A proper Notice to Vacate should make an unequivocal demand for possession from all of the Tenants who signed the lease. If you leave one name off, that could be ruled by the Court as invalid notice. However, misspelled names or typographical errors are usually not a problem.
I was given a 30 day vacate because I changed the bottom lock. The landlord didn’t change the locks when my parents moved out. My stepfather has issues and we me and my minor teenage daughter didn’t feel safe. I have paid my rent every month through out this entire pandemic. He found me in breach when he was to change the locks between tenants,my parents gave me the keys the landlord never made a hand to hand exchange for the keys.I live in Maryland
Clarissa, unfortunately, as I am only licensed in Texas, I am unable to counsel you on Maryland Landlord/Tenant laws. I recommend contacting the Maryland state bar for a recommendation for a Landlord/Tenant attorney.
I stole because I was hungry, does that make it ok?
@@pinchebruha405 you slow ash… cause nothing’s on here talking about thievery homie you need to check another vid or something… slow
Did u give the landlord a copy?
My buddy is an on-site maintenance guy. Can his job evict him bc he gave his two week notice? If so, how many days would he have to vacate?
What does their agreement say? Does it have a language that in order to stay on the premises, he needs to be a full time employee? It is impossible for me to say fo sure without reviewing the contract. If this property is in Texas, please feel free to schedule a consultation with us so we can review this paperwork and guide your friend through the process lawofficeoferniegarcia.as.me/schedule.php.
My land lord put a notice on my door. Threaten to change locks, turned off my hot water, also my ac unit from outside. Was without ac for four days. Plus now 3 week with no hot water.
In Texas, it is illegal for the Landlords to turn the utilities off unless it has been done in order to repair, or due to maintainance/construction purposes.
I have notice that has wrong lease information on it, It has incorrect monthly rent listed. (I haven’t yet) If given a new notice should it be dated the day the wrote it and not the day of the incorrect eviction notice. Also before the scheduled date to be gone rental assistance contacted the property manger who is refusing to accept it if it doesn’t come by the schedule day to be gone and realistically that doesn’t work that way many don’t. I feel this is improper business all around it doesn’t seem fair especially refusing government approved funding that the property manager is familiar with.
The date on any Notice should be no sooner than the date of delivery. As for rental assistance, remember, this is completely voluntary, and Landlords have the right to reject it.
So if the landlord failed to complete duties to make the unit livable far as them violating their lease agreement responsibilities no A/C the entirety of the summer and no Heat the entirety of the winter can you fight the eviction
If this property is in Texas, then, generally speaking Landlord's failure to fix AC would not invalidate the eviction. However, if there are AC issues you should utilize your rights as a Tenant. Refer to your Lease to see what kind of remedies are available to you when it comes to repairs.
so if I send a tenant a notice to terminate a lease because he has an authorized visitor, and then hand it to the "allegedly" unauthorized person, then it will fail?
In Texas, you have to be able to prove that the person who received the notice was a resident. If the basis for Eviction is an unauthorized occupant, and the unauthorized occupant was given the Notice to Vacate, the Tenant will simply argue that the unauthorized occupant was merely a visitor, thereby rendering the notice improper and defeating the basis for Eviction in one argument. With this kind of claim, make sure you have some tangible confirmation.
I have sent notice through mail, and I believe they are going to say they did not receive due to them not reaching out by text as that’s the form of communication we have always had. What are my options to ensure that is not the reason my case is not brought to court.. am I able to send the same notice by text to confirm they received notice???
In Texas, as long as you can prove that you mailed it, that should be enough if the tenant has a mailbox. Of course, if you send your notice by regular AND certified mail, you should be able to track when the certified letter is either delivered or attempted delivered, and attempted delivery should serve as the date the regular letter was delivered if both were mailed out together.
HELP please 🥺 I had just received a 30 day to vacate notice via text message without a reason stated in writing in Sacramento CA, never missed a payment in 6 years and 0 complaints from landlord or others. It is private landlord.
How I'm protected in this horrible economic times? I've been renting from him for almost 6 years now.
I'm stunned! Called him and asked to explain, he said he is sorry but need to evict me to put in refugee from Ukraine!
Now am I protected somehow? I can't afford this crazy prices of new rents in California.
Please HELP someone!
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.
As a tenant of nine years, never being late on my rent or commiting a violation I am now in a cat and mouse struggle with my landlord. I was promised a kitchen sink when I signed the new lease. First they said in 06.05.2021 they would install it last summer when I resigned the lease 3 months early then she sent an email that it would be done in September 2021 when the new lease went into affect. Now it is December and no sink. They did this last year and blamed it on Covid. We also are in a battle over tenants, staff and visitors parking in my space, double parking and after I added cones them being moved and ran over. Also the landlord used my space for storage when they were putting in new washers and dryers making it impossible for me to use it. All this after my telling them not too park in our block my space. Management told me they had problems with parking and sent out a letter, issued car stickers and said the lots would occasionally be patrolled( never have seen) but like I told her none of it stops the violators. Especially when tenants know those are idle threats and management violates the parking also. Management said they cannot evict tenants over parking violations and if I don't like it I can move. She said she would ask the owners to allow me to leave with no penalty and 3 months later no response until we got into it again about someone running over my cones. She said the vandalism was understandable with the way I talk to people. I am disabled and unable to move so I feel I am being passive-aggressively harassed. Now she said I lied on her staff and that I must go. She said in an email I had 60 days to get out and would receive a notice. So I say this as a landlord owning a duplex in WV that when as a landlord you have no integrity and your word means nothing many of these issues start with the landlord.
Are the new sink and parking issues matters that are addressed in your new lease? If so, you may have a cause if action for breach by the Landlord. Seek out a Landlord/Tenant attorney in your state with these facts to see if you have avaldi case. Good luck.
@@LandlordAttorney It says in the lease we have a designated parking space that has our apartment number on it. Also the landlord for 3 years has put out papers of incentives to sign a new lease. I was promised new kitchen flooring, tub reglazed and a new kitchen sink. Those are not in the lease but a separate paper. I have emails between us showing she was ordering the sink on 06.05.2021 and several others emails giving me the runaround saying she is waiting for the sink to come in. Then I asked for an update in July and she said the sink has arrived and would be done in September 2021. Then when I got upset that this is 4 months later she said she was doing this as a courtesy and didn't even have to install them as its wasn't a promise. Now it as December and no sink. Between that and the parking issues I feel I am being passive-aggressively harassed.
@@spe-chulpee-pul6976, well, I don't think this is harassment, but it might be seen as a violation of your consumer rights if not a breach of the lease.
@@LandlordAttorney Thanks 4 your response. But If you are constantly telling someone you will do something and not do it to upset them how is that not a form of passive-aggressive harassment? I didn't say harassment. Wouldn't that also be Promissory Estoppel because her promises to me caused me to make a decision to stay here and not prepared for other arrangements as I am disabled and must make other arrangements and try to find the money now to move. Because of her lies I used my money for other things. Now I am not in a position to move.
@@spe-chulpee-pul6976, your reliance on the Landlord's promise to install the sink may amount to a deceptive trade practice. That's where you may have a consumer claim, but this depends on various factors that the court will need to review. If you do not live in Texas, I recommend seeking a Landlord/Tenant attorney with experience in consumer rights law in your state. If you do live in Texas, feel free to call our office at 832-305-7694 to schedule an appointment or click here: lawofficeoferniegarcia.as.me
I’m being evicted but I never received a notice to vacate, and the info on the eviction hearing is also wrong. Can I get the eviction dismissed I’m in Texas?
Depends. This kind of defense is very fact specific. If you would like your facts reviewed in a 30-minute consultation, please call 832-305-7694 or click here: lawofficeoferniegarcia.as.me
I have 2 questions. Can someone other than the Property Manager or Landlord send a notice to quit? Can the notice state i have 11 days to get out of the home and then file eviction?
Depends. Is this unit in Texas? I can speak about Texas law because I'm licensed in Texas. Here, if the contract allows it, the Landlord can give as little as 24-hour Notice to Vacate. The standard is 3 days, so, yes, more days can be given. As for who delivers the notice, any representative can deliver the notice so long as it is delivered in a manner allowed under the Texas Property Code.
Can the notice to vacate say ( you will be physically removed from the property) ?
In Texas, only the county Constables can actually do this.
I am a Veteran on Disabity, in and out of the Hospital. Now dealing w Cancer again. Notice was given which I did not open. Taped to my door, which I returned unopened. Next thing, I'm served w court papers w a court date. Rent paid on the 2nd of the. Month, lease violation. I deal w PTSD, DEPRESSION... disabled. Don't drive and can barely walk. I. Scared, stressed and don't know what to do. The court paper states rent due. But I paid, and ease violations... which is not detailed. I renewed my lease electronically while in the hospital. Always pay rent then locked out of the Portal to pay rent.
Unfortunately, there is probably some valuable information in the Vacate Notice that you returned unopened. It should explain the violation(s) and the basis for the Eviction and may have offered you an opportunity to cure the default. Your best bet is probably to talk to your Landlord ahead of trial to see what can be worked out. Otherwise, seek legal counsel ASAP.
I got a notice to vacate and a $500 fine to leave my apartment because I have a washer and dryer in there when my lease does not say I cannot have a washer dryer is that grounds for and notice to vacate
That doesn't sound right. Are you in Texas?
Yes I was serve a 30 Day Notice in March 21th 2021. I am with the Section Program lived there for 8 years no problems until they let A Vicious terrible. And Crude. Person in thats trouble everywhere she lives with another Tentants so she stated trouble she was cooking up Crystal Meth and destroying the property Distrub ing me I have the sign on my door to do not Distrub she tried to burn me up .she I was the one moved and the TROUBLE Maker is still there something ain't right I am the blame should I go ahead to Small. Claims Court
Hi Ernie, I just want to clarify.. if on my lease I made the error of putting “if under default I would give a 30 day notice” in Texas would I still need to give the full 30 days or can I give 3 day notice? The tenant is due for January and is not planning to pay. Is asking me to take him to court and it’s become impossible to work with him. He’s been late for several months.. his lease also ends in Feb but I don’t think he will be moving out or he plans to stay until end of Feb and never pay the 2 months.
Unfortunately, if you extended notice rights to the tenant in your lease, yes, you will need to honor those rights. In any case, issue that Notice now and proceed with an eviction as needed. You'll kick yourself if you don't, and the tenant stays into March. Your safest bet, however, is to get your lease reviewed to make sure you haven't missed something else.
@@LandlordAttorney yes I plan on reaching out to your firm to help me with that because I think I am missing some things on my lease.
And thank you so much for responding to my question!
So I have a question as a tenant. My Landlord has made themselves unavailable to connect to do a proper move out. I started by trying to call to schedule a move out inspection with notice to vacate at the end of the lease. Instead of calling me back they sent an email saying they won't be taking phone calls. I schedule it through the website as a scheduled maintenance I haven't received an answer. I now have sent an email with a notice to vacate and also mailed it with receipt to the apartment itself and also the office on their website. No contact. What they have been doing is charging me and tacking on late charges and continuing to add more months to my lease but no form of contact has been attempted by them it looks like they are trying to scam me by trying to ghost me and when this goes to court they'll play stupid or claim that I never provided notice. One extra month is not the end of the world to me but I am not trying to get scammed into playing multiple months because my landlord is ducking the notice to vacate. Is there anymore I can do to protect myself or am I at the mercy of a bad landlord? FYI they have about 30+ complaints on the BBB website all with similar stories all within the past 3 months alone.
Your questions would require a thorough reading of your lease and a proper review of facts to fully answer accurately, but I can offer some general suggestions. If you have a written lease between yourself and the Landlord, look there first. Does it explain the process at move out? Is there a procedure described there for a walk through? If not, there may be no cause for requesting one.
Does your lease have a Notice provision? If so, deliver written notice to your Landlord in this way, and keep a copy of that notice to be able to show any future court your attempts to notify the Landlord. Are you in Texas?
I’m in Washington state and there is a 20 day notice and a walk through which I sent in through certified mail and requested the walkthrough on their website. The issue is they’ve closed off every possible scenario of contact so I can’t even talk to them about it. It’s almost as if no one works here.
@@Bthefilmer, as for law and procedure in Washington State, you'll need to contact an attorney licensed in your state to discuss your best legal options. Good luck!
How about when a notice to vacate is illegal but not known till after the tenants have vacated? Our new property management firm evicted 8 of us in San Diego CA based on "change of use," taking the units off the rental market. That was false and they re-rented the units within 2 months to higher paying tenants.
Y M, unfortunately, as I'm only licensed in Texas, I'm unable to guide you through California eviction laws. I'd recommend finding a Landlord/Tenant attorney in your area. Best of luck to you.
@@LandlordAttorney - Thank you for responding. I just finished consultation with a tenant attorney here in San Diego and he said the mistake the tenants made was vacating. We should have immediately, upon receiving the notice to vacate, contacted and attorney and STAYED PUT. DO NOT VACATE. Once you accept whatever relocation money or free rent the landlord or owner offers and then vacate, it's too late. Other cities are different but San Diego does not have enough ordinances regarding tenants to pursue the landlord at this point, in spite of CA rent control laws, HUD, and other laws and ordinances stating tenants rights.
Does a judge have to sign an eviction or just the lawyer. If two people were on the eviction but one person got to stay is the eviction no good anymore?
In Texas only a judge can sign a Writ of Possession and that only comes after the judge signs a judgment for Eviction and the Tenant has had an opportunity to appeal. In Texas, all tenants who sign a lease and remain on the Property must be named in the Eviction lawsuit.
@@LandlordAttorney I live in Colorado and received a notice to quit and was served by a lawyer. It wasn't signed by a judge. Thank you
I had a tenet build a third room in my rental house, yes. I have a 2-bedroom 1 bath , dining room condo. The tenet had someone come in and build a third room sectioning off part of the Livingroom making it into a room. The whole thing door jar, beams in wall. etc. they drilled into my Mahogony wood floor. this room would have violated my insurance, I only found out about it when there was a leak in the bathroom that caused the neighbor garage damage. I have rental and regular insurance. U see my tenet never told us about the leak, now we know why. I filled eviction notice. She jeopardized the other condo owners due to the fact that units are connected side by side , what if the unit alteration caught on fire
I recommend at least 2 inspections in any 12 month lease, one after 3 months and one after 9. This way you get an idea of how the tenant is using the property even if they never report problems. Unfortunately, sometimes "low maintenance" tenants are really just hiding lease violations. This one apparently was hiding a big one.
Ok so I’m late on rent was hospitalized and was calling the leasing office because the app that I pay my rent wasn’t working and they never answer the phone so I get home and they have a notice to vacate and my rent is due the third they put this on my door the 12th Im just seeing it on the 14th and it said I had to be gone within 24 hrs of receiving I go to the leasing office and they’re not even there they’re never there…it was a lady covering for them that talked to me and said I could just pay it I live in Texas
First, can you come to the office in their business hours and explain your situation and health condition? Try to explain your hardship, provide your medical bills as a proof, ask for a payment plan and probably ask the Landlord to work with you. The Landlord is not required to do so, but it's always worth asking. Second, check if this Notice was properly prepared and served. I will provide you with a link to my blog where you can read it in detail: attorneyeg.com/blog/a-Landlords-guide-to-prepare-and-serve-a-notice-to-vacate-in-accordance-with-state-law
@@LandlordAttorney yes I went there yesterday and and they weren’t in the office it was someone else but she said if I pay it I should be fine
I GOT A NOTICE OF NON RENEWAL OF MY LEASE AND IT DOES NOT INDICATE A SPECIFIC REASON WHY
DOES THAT MAKE IT INVALID?
ALSO IM ELDERLY AND DISABLED AND WILL BECOME HOMELESS
THAT IS ALSO NOT RIGHT NO ONE CAN FORCE ME TO LIVE ON THE STREETS
IM PHYSICALLY AND MENTALLY NOT ABLE TO MOVE BY MYSELF I NEED HELP PLEASE WILL SOMEBODY HELP ME? 😇
The fact that the Landlord has chosen to Terminate the Lease is evidenced by the Landlord's written notice of Termination. However, if the Landlord fails to follow procedure (explained in the lease, no less), an attempt to Terminate may not result in an actual Termination. Also, in Texas, there has been a number of Rent Relief Programs that has helped both Landlords and Tenants. You can check if you are eligible for assistance. I have a video that specifically explains available assistance in Texas, including the necessary links:
czcams.com/video/6oSMAxp7kf0/video.html
Hello, we received a 30 days notice to vacate. We have never been late and we take very good care of the property. Landlord wants to sell it. We asked for another 30 more days, and they never replied. They didn't cash our check for next month. We are currently on a month to month lease. We are nearing the 30 days. What happens if we can't find a place to go? Does the Sheriff come on the day after the 30 days to get us out? Thanks!
Are you in Texas? If so, a Notice to Vacate is not enough. It's only one of numerous steps in the Eviction process. For an overview of the Possession process, check out this video:
czcams.com/video/ael7kBT2Oqo/video.html
Yes, I am in Texas. Thanks for the link; I will watch it next.
I was told to vacate because i answered a question (NO) which was intentional with the circumstances then.
(Are you married i said No, but literally i am married but my spouse was away and not joing me) HELP
The question is whether this detail amounts to a substantial breach of your lease agreement. The court might not agree. If you live in Texas, remember that even if you lose at the Justice Court level, you have an absolute right to an appeal. This might allow you an opportunity to bargain with your Landlord if things do not go well in the Justice Court.
I am taking my renter to court due to unpaid rent now she has gone to legal aid I don't know what to expect with legal aid or what they are for. All I know is that she owes a good amount of rent where do they go to court pretty soon
You may want to get your case reviewed by an attorney. Their attorney is going to look for any way to win this case. If they can't do it on the facts, they may try to find a procedural error in the way you filed the case. Finally, they may want to work out a settlement.
Hi! I know this is an older video but I have a question. I was never given the first notice to pay or quit. The lease states it should be a “5 day or Quit” notice. However I did receive a notice that had a court date that was scheduled for 11 days later. It is a Notice Of Claim For Possession. The date on the top says Jan 30. However, the notice was slapped on my door the day after I left a disgruntled voicemail for my office concerning the fact they had promised us a new washer for 8 months. It came in and they gave it to another unit. I called on 2/12 and asked for a call back to discuss. The next day, boom. The possession notice. Also, the wording on the notice says we signed the lease 12/1 and as of 1/1 the property had been entitled to possession as we owed 2 months rent. How? Jan 1st is when rent is due. So how are we behind 2 months if the lease was signed 12/1 (renewal we have been here for 9 years) ?? They wanted us out 3/13 and court day one was 2/28. We have had to pay $442 per week to stay until months end. We usually get the initial notice to pay or quit that shows amount due and date due. But not this time. Is this a legal process? Thank you so much!
It sounds like this is outside of the state of Texas. In this case, you should follow the laws of your local jurisdiction and proceed accordingly. If this was against the laws and/or contradicts the Lease, go to court and prove it during your eviction hearing.
@@LandlordAttorney thanks
I would LOVE for you to do a uTube FYI on legally kicking your adult child out of your home. The child that has never lived on their own specifically.
I'm in Ohio if I get a 3 day to vacate in apartment but got the rent money can I still pay?
I can't say how Ohio law operates, but no matter you state, if this main issue is money, then money is your best solution. You can always offer the money, but I'd also recommend that you get something in writing from you Landlord indicating that they now withdraw the Notice to Vacate. You don't want them taking the money but evicting you anyway.
@@LandlordAttorney makes sense! Thanks for your help.
Our landlord does month to month but he didn't give us any specifics about anything before we moved in here. My sister watches a little girl and she's not allowed to have her here. When we first moved here my son stayed a few days till he got his place and my sister's son did the same thing but they don't come around anymore. I think we deserve another chance but I doubt if he will
Is this property in Texas? If so, even a month-to-month Lease should should have the terms of the agreement between you and your Landlord established in writing. The applicable "do's and don'ts" should be addressed in your Lease.
We have month to month and he didn't put anything in writing. What do we do about that
@@marykrassman1281, unfortunately, a month-to-month oral lease has no rights beyond rent and possession but only for 30 days. For more rights, you will need a written agreement.
I have an adult grandaughter living in my home whom I need to vacate the premises. What is the proper procedure to have her vacate. There is no lease or contract involved because of our relationship.
If you have never had any kind of agreement with your granddaughter, she is regarded as your "tenant at will." For an Eviction to be proper in Texas, you would need to deliver a 3-day Notice to Vacate to her and wait for 3 full calendar days to pass before filing for Eviction. If your granddaughter can make a claim that there was some oral agreement, you might need to send her a 30-day written notice of Termination.
If you have additional questions regarding a Texas Eviction, you can call us at 832-305-7694 or click here to schedule an appointment on your own: lawofficeoferniegarcia.as.me/schedule.php
My landlord sold the property I live in in Texas and didn't even tell me. I have lived in the same duplex for 20 yrs. Never paid my rent late, not even once. I got a 30 day notice to vacate from a new owner of not wanting to renew lease. When I called and asked why not she said she's renovating so she can charge triple rent. I have no where to go. The rent in my area is charging way more than I can afford and 30 days is so little of time. I know this video is for landlords but what do tenants do when the eviction is no fault of their own? Prayers please, I feel so violated
Believe it or not, you still have a few options. You can bargain with the new owner for additional time to allow you to find a new place (maybe 60 or 90 days). If that doesn't work, you could always put your things into storage and find a short-term accommodation until you do find a new place.
However, if you dig your heels in, you can actually stay for a number of months during the Eviction process. It is possible that you will have an Eviction on your record, and the process itself may dissuade prospective Landlords from offering a place to you, but this route will allow several months of additional time, especially if you appeal the initial judgment.
For additional assistance, feel free to call 832-305-7694 or click here to schedule an appointment: lawofficeoferniegarcia.as.me/schedule.php
Is my property manager allowed to deliver multiple lease violations after we already went to court for eviction, and we are in the appeal process at the county court level? Since perfecting my tenant appeal and paying two months into the county court's registry, my property manager has delivered 2 lease violations for my spouse being an unauthorized occupant, and for an unauthorized pet. Then their Regional Manager keeps calling me and telling me that they want their apeartment back and that I need to find somewhere else to go, after I set a hearing for April 14, 2023 in county court and they know about the trial date. Is their behavior considered as harassment or retaliation?
Not generally. They are allowed to send notices if there is a proper basis for the notice, and they are allowed to continue to request that a Tenant vacate after a violation of the lease. However, these attempts at communication should be reasonable and not over the top. However, the fact of just how far becomes "over the top" is a matter for a court to determine. If you believe this rises to the level of retaliation, you might want to review the following provision out of the Texas Property Code just to be sure: statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.332
@@LandlordAttorney We are at the appeal level and they keep delivering lease violations and calling me telling me that I need to find somewhere else to live.
@@stephaniesunshine151 These new issues probably have no impact on the current eviction, but they might be laying the foundation for a second eviction if they feel that they might lose the first one.
the contract says that the tenant agrees to move out if the rent not paid on the 15th of the month. if not the landlord can file eviction. does 3 days notice still required?
If you are in Texas, definitely.
@@LandlordAttorney are you saying still requires 3 days notice? Here is what I learned. "Step 1: Notice to Vacate. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out before they can file an eviction suit"
@@hollyxie4059, a lease can agree to fewer days, but you must give some Notice, and many judges will require at least 3 days of Notice no matter what the lease states. My recommendation is to give at least 3 days Notice every time.
@@LandlordAttorney actually I did and mail tracking says delivered to a person. But returned a few days later. Thank you for your response.
@@hollyxie4059, for the State of Texas, as long as the rental unit has a mailbox and you mail the Notice to Vacate by regular and Certified mail, even if the Certified mail comes back, you have fulfilled your obligation. Best of luck to you!
100 thumbs 🤙up
Thanks for that!
The lease agreement says 3 write ups equal an eviction. If 2 of the writes ups are accusations from neighbors what rights do the tenants have? Do they have to vacate in 30 days( according to the notice) or do the accusations have to be proven as true? Is the landlord required to release the detailed information of the accusations to the tenant?
In Texas a claim needs to be proven and a pure accusation would not constitute an eviction. Are you residing in Texas?
@@LandlordAttorney yes texas.
Since the landlord has to prove these accusations at what point does he have to provide proof?
What should the tenant do next?
@@sarahs6475, this depends on your lease first. Is the a month-to-month tenancy, or do you have additional months on your lease?
@@LandlordAttorney it's a 12 month lease
@@sarahs6475, if the Landlord can prove at least 1 lease violation, that might be enough. Without being able to review your lease it's hard to say what might be required, but the baseline is usually a single violation.
Can a owner just hang a vacate notice open faced to All public taped to your room puts door?
Extended stay motel hung on outside of the room door?
In Texas, taping the Notice on the outside is valid only if Landlords meets a lot of Criterea for such delivery. I demonstrate it here: czcams.com/video/lo1pbGwWeAw/video.html
Please help asap. I'm a victim of domestic abuse, I moved out from my house with my children some months ago and went to the shelter to get help, unfortunately I was put on a wedding list so I went to the hotel and stayed there for some days and then a church member introduced me to his friend who sublease his place for me, and we agreed on a payment which I've been keeping up to. Last month he added $100 to the initial agreement and promised to add my name but didn't.
And just 1st of July, the apartment sent a letter saying am an unauthorized tenant and that he has violated the law. I showed him and he said I shouldn't worry he'll take care of it that I should pay him for this month which I did and just this evening he called to tell me that the apartment people wants me out tomorrow or they'll involve the police. I asked him to send me my money back and he said no. Please what can I do?
If this case is in Texas, and you are subleasing the apartment, then, unfrtunately, the Landlord can evict both yourself and the tenant you are renting from. If you are trying to rearrange your payments due to your economic situation, consider doing that in writing. Offer your payment plan to the Landlord, and if they agree, make a new agreement and/or make an addendum to the existing agreement. This will be the best policy for a Landlord and Tenants to set up and mutually agree on a new payment plan. I also suggest that you contact the Justice Court in Dallas for information on assistance for housing available for someone in your economic condition.
I just ran across this video. I live in houston. My landlord is charging me $100 plus $20 a day for late fees. My rent is $1100. I have a notice to terminate my lease now. this was just sent to me on the 12th. Is this late fee legal?
Renae, late fees are legal in Texas as long as they comply with the Texas Property Code and your Lease. A late fee cannot attach until the fourth day. Additionally, late Fees are limited to 10 or 12% of rent depending on the rental. See Texas Property Code Section 92.019.
@@LandlordAttorney I have read that several times and its so vague. the additional late fees after the initial $100 is what I am confused about. if its 10 or 12% of rent is what is allowed that means overall I have an additional $300 that I pay on top of my normal rent. which is more than the 10 or 12% or am I not correct?
@@renaecummings2812, the amount depends on two factors: 1. Whether you live in a single-family house (12%) or in an apartment with more than 4 units (10%); 2. Whether the Landlord had any additional actual costs beyond the 10 or 12%. These are facts I do not know. However, if any amount of rent remains unpaid, the Landlord can evict you lawfully on the basis of unpaid rent.
@@LandlordAttorney I live in a 2 bedroom town home large complex. I am just trying to be sure that I am not getting over charged. If my math is correct that is 30% of my rent in late fees. Which is more than the state of Texas deems as reasonable, correct? I have already paid the rent and late fees but if this landlord owes me money I would like to have it returned.
what if tenant does not sign certified mail, or lies about receiving it in person, or simply not answer door...what then?
That's why you should also send by regular mail, which cannot be rejected.
@@LandlordAttorney THANK YOU FOR RESPONSE...I'm guessing the 5 day countdown begins after tenant receives the notice by mail and not the date on the notice, since it takes few days for mail to arrive?
In this blog of mine, I explain how to properly count days of delivery: attorneyeg.com/blog/a-landlords-guide-to-prepare-and-serve-a-notice-to-vacate-in-accordance-with-state-law
Can I file an eviction against the tenant if they have a lawsuit against me
Generally, speaking, a Tenant's lawsuit against you wouldn't effect your Eviction lawsuit against them unless the facts are intertwined. I'd need to know more about your Eviction and their lawsuit to say for sure. If this is in Texas, feel free to give us a call to book a consultation: 832-305-7694, or click on this link: lawofficeoferniegarcia.as.me/schedule.php
On the first I paid my rent then he said change of plains was selling the house I was never given a notice and I have text showing we were going to resin the lease then told me if I dont show his house in under 10 hours to a realtor he will evict me I am so scared I put all my stuff in 4 storage units I need help
I dont have time to find a new house the first house we rented he moved us because he sold in a much smaller house for the same rent he is large and scary his wife keeps driving by I'm a good person who for 3 years has never been late on rent he only cares about putting house on the market while it's high I need help I have paid almost 3k moving I'm so scared I dont want him stealing my stuff or breaking in sorry about grammar
A few months ago he raised my rent with 5 day notice we are the the kind of family anyone would love to rent to no evictions good jobs 10+ years and 6 years I've never had to go to civil court I'm in Missouri
Unfortunately, as I am only licensed in Texas, I am unable to counsel you on Missouri Eviction laws. I recommend contacting the Missouri state bar for a recommendation for a Landlord/tenant attorney as soon as possible.
I don't know if you are in Texas or not. But start with reading your Lease first. You may or may not have a legal basis to keep staying on the premises. Please refer to your Lease to make sure.
@@LandlordAttorney the day my lease laps he said I have to show his house change of plains I have text showing we were going to sign a new lease if he did not want to resign he should have said so in may and that is what he is claiming but I never got a notice and can prove that we were negotiating the new lease terms if he gave a so called notice why were we negotiating new lease terms in june
If a 3 day notice to vacate in CA has a mistake or misspelling is it considered invalid?
Unfortunately, I cannot give you legal advice on CA eviction laws as I am not licensed in your state. I highly suggest seeking a knowledgeable Landlord attorney in your area. You need to know whether the courts in your state will accept this Notice, or not.
@@LandlordAttorneydoes the sherif have to post 5 day to vacate for writ of execution or serve to us or can it just be mailed
what's the cares act ?
en.m.wikipedia.org/wiki/CARES_Act
How to file eviction when you are subleasing?
It is hard to say for sure without seeing your written Lease. Does it allow you to sublease the Rental unit? In Texas, however, Eviction would be the only way to remove such tenants from the property.
What if it was a guest and then they won't leave so u told them since they won't go they need to pay for some of the stuff but they r not suspose to b there it's against my lease and I served them a 7day get out cus we wrote up a agreement cus I needed to have a way to get them.out and inside I wrote they r waive ALL THEIR RIGHTS CUS THEY R NOT SUSPOSE TO B THERE IN THE 1ST PLACE AND THEY SIGNED IT... WHAT THEN??
My landlord had his lawyer send me a notice to quit lease because I told him I was taking him to court for illegally turning my water off for 3 months
If this case is in Texas, the Landlord cannot turn the utilities off unless there are repairs in place, construction, or an emergency. Does your Notice to vacate list any violations of the Tenant?
Does this work as well for Califonia?
Unfortunately, I am unable to confirm the status of laws or Courts in California.
Is this also true in Canada
That would be an excellent question for a Canadian attorney. Laws and procedures vary from jurisdiction to jurisdiction. You will want to speak with a qualified professional in your jurisdiction to be sure.
is posting the Notice on the door enough ?
On the inside or the outside of the main entry door?
@@LandlordAttorney outside! how can I post inside? tenants don't allow to enter our new purchased duplex for 1st move in inspection. they refuse to sign our lease and dont want to provide a renters insurance and remove their trailer from the backyard. 3 days to fix or quit was provided on 10/26/21, they still did not fix it. is the next notice just 3 days to quit ?
@@Lanainvestor, if you're in Texas just posting outside is not valid Notice for an Eviction. Send it again by regular and Certified U.S. mail. Keep your receipt.
@@LandlordAttorney the Duplex is in CA
Can you text a notice to Vacate? I’m in Colorado
Not sure about CO, but I know that TX does not allow a Notice to Vacate by text.
@@LandlordAttorney Thank you so much! I would think that the laws are similar in all States. Thank you very much!
I'm currently trying to find out what I can and cannot do to my child's mom who has lived with me for at least 5 years we moved into an RV park 8 months ago she never signed any papers nor is she on a lease what kind of legal action do I have... she rarely ever pays rent and always has a complaint about why she can't pay for it and always says she will pay for it the next month and never does my main concern is she realizes that the vehicle she drives belongs to my dad who currently cannot walk or talk due to a major stroke so she knows that she can take advantage of the situation every time she steals the car without my permission the police don't do anything she's tried to smash the window out of the car or the police didn't do anything she's bringing drugs in my house around my child I'm worried she's only sticking around so she can figure out a way to take everything from me
If you're in TX and referring to a former romantic partner, it might be good to first speak with a family law attorney to make sure you are not in a common-law marriage situation, which would make an eviction much more complicated.
@@LandlordAttorney I am not married
If I already give my tenant 90 day note to sell my property and his don"t pay rent two month can i give him another eviction notes for don't pay rent or I need stick with 90 day eviction note thank you
That depends on a few factors. In which state is the Property located?
@@LandlordAttorney I live Oregon
@@LandlordAttorney His never fill declaration but I think if I start evict him his can fill declaration anytime so I will loss case in court maybe need wait 90 day and later collection rental money
@@locvuu6218, unfortunately I will be unable to give legal advice, as I am only licensed in the State of Texas.
@@locvuu6218, unfortunately I am unfamiliar with the courts in Oregon, so I could not say what you might be able to expect there.
I need your help brother if you have time
Feel free to call 832-305-7694 or click here to book a consultation: lawofficeoferniegarcia.as.me/schedule.php
Is your matter in Texas?
No in Georgia
@@TDOGGYDOGG6983, unfortunately, as I am only licensed in TX, I am unable to assist you.
Do you help t÷nant
Our law firm represents Landlords and Tenants in Texas, but this channel is focused on Landlords.
I was wondering if you might be able to reserve your fifth video talk about people who are the side of the people who are actually working diligently on trying to either buy the home you know they're living in I did my case after mom died I'm trying to purchase the home and they even said make an offer you know what I mean I told him from the beginning and then they said okay we'll make an offer and then I guess the left-handed know what the right hand is doing vice versa and so I got in your notice of eviction and all that and I said well you know I'll go to court and I'll explain it I did they never showed up so I had a choice either to dismiss Orkin do a continuous or something like that I said well you know I mean I want to get to the bottom of it I want to purchase a home is it shouldn't be this hard and so it would be nice to also see it from someone's angle who's actually
Buying any home can be difficult. In your case, I don't know if you're attempting to purchase from a bank or an individual. I also don't know if this home was being rented or purchased by your mother. Finally, I'm not sure if this property is located in Texas or not. I'm only licensed to practice law in Texas right now.
I am in need of advice. I live in texas. I am the tenant. please give me contact information.
You can call our office M9nday through Friday during our normal business hours at 832-305-7694, or you can click this like to book an appointment on our online calendar: lawofficeoferniegarcia.as.me/schedule.php
Thank you for this video
I'm glad you've found it helpful.