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- Опубліковано 16 лип 2024
- The unknown is usually pretty intimidating. I remember the first time I had to stand in front of a judge all by myself. All my years of school and training didn't prepare me for the terror of standing in court in front of everybody and trying to make believe I knew what I was doing. If you've handled an Eviction on your own, you might have had a similar experience.
Well, while many of you have become professionals at Evictions in the Justice Court (AKA the Justice of the Peace), you may not feel as confident in your abilities at the County Court. If your tenant has appealed your Eviction, you may not know how things work as your case transitions from one court to the next. What do you do, when do you do it, and where are you supposed to go next? We'll cover these questions and more in today's video.
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"Don't just look for better Tenants. Continually look for ways to be a better Landlord, and your business will thrive."
--Ernie Garcia
The Law Office of Ernie Garcia represents Landlords in various trial cases in Texas Justice Courts, County Courts, District Courts, and even U.S. Federal District Courts in the Southern District of Texas. While our office is located in Houston, Texas and many of our cases are in Harris County, we have represented clients in Courts all throughout the State of Texas.
Our Landlord clients look to the Law Office of Ernie Garcia to send demand letters to tenants who have breached their residential or commercial leases. We prepare petitions for Eviction and represent Landlords, Investment Companies, and Property Managers involved in Evictions at the Justice Court and in Eviction Appeals.
The goal in every Eviction is full and final resolution, which sometimes includes Judgment, Writ of Possession, Abstract of Judgment, Writ of Execution, and even settlement. We also defend Landlords whose Tenants sue them in these same courts with claims for repairs, security deposits, or a variety of other Lease disputes.
Additionally, Ernie Garcia assists Landlords with drafting Leases that comport with the Texas Property Code and puts the Landlord in a firm position to derive the best benefit from the Landlord/Tenant relationship. He routinely delivers Notice to Vacate, Notice of Lease Termination, or Notice of Non-renewal for Landlords seeking to end a Lease relationship with a bad tenant. Ernie Garcia shows clients how the Eviction process can improve Tenant cooperation and reduces the potentially enormous losses that come from continued instances of partial and late payments.
Ernie Garcia has over 10 years of litigation experience in jury trials and bench trials. He has also represented clients on appeal to the First and Fourteenth Texas Courts of Appeal.
Through the years our philosophy has never changed. We are here for the benefit of our clients, and we seek to improve situations and to create innovative solutions to conflicts that affect the property, accounts, and business assets of the people we represent.
To contact us by Email: Info@attorneyEG.com
Call or Text: 832-305-7694
Visit us online at: attorneyeg.com/index.html
The information and materials made available on this video are provided by The Law Office of Ernie Garcia, PLLC for informational purposes only and do not constitute legal advice. The transmission and receipt of the information in this video does not form or constitute an attorney-client relationship. Individuals receiving said information should not act upon it without seeking professional legal counsel.
Gracias por su información. Me ayuda bastante. Dios lo bendiga y le de mucha salud. Y a toda su familia.
¡¡Gracias!!
Thank you!
Thank you for watching our video!
Great information. Very helpful and be contacting you for eviction. 👍
I'm so glad you've found our content helpful. We'll be happy to help!
A step-by-step video on how to fill out the paperwork for unlawful detainer
Are "court days" workdays, Monday through Friday, or do they also include weekends and holidays? Can you define court days please?
I'm trying to gain more time
I believe ive filed my appeal before the landlord filed thier writ of possession.
I did it just yesterday,although it was past the five days.if neither files in that time and the tenant(me) appeals before the landlord files for the writ of possession also after the five days. what happens?,Who would the odds favor?,and finally i have sufficient evidence of wrongdoing on thier part all or the most important flaws i could point out im sure that i know theres most likey a few things extra i may have against them up my sleeve.
Those are my ?s I Appreciate your making of these videos
I appreciate that you enjoy our videos. As for the appeal, if you are in Texas, the only way to prevent the Writ of Possession is to appeal within the 5 day appeal period. Check with the court. If you filed after the 5th day, your appeal may not have been valid.
Is there anyway I can stop a stay? I need this tenant gone! Thank you for the video
What has caused the stay? A bankruptcy? In which state is the rental located?
What if you pay one day late for the 5-day time frame after filing an appeal to pay the rent for that month.
The judges in Harris County allow the tenant to stay even if payment is made late. Essentially, the landlord is covered either way.
Hello, What would happen in the event that the Tenant that had appealed and elevated the case into the County Court moves out of the Property without paying within the 5/6 days given by the Court to pay a 1 month rent into the Registry? Does the new case at the County Court get dismissed? Will the process continue? Would I still need to purchase the Wit of Possession? Best regards.
If they fail to pay, then the landlord is entitled to a writ of possession. If this case is in Texas, feel free to book a consultation with us. To schedule, call us at (832) 305-7694 or book online at: lawofficeoferniegarcia.as.me/schedule.php.
When does the Tennant have to pay the rent during the appeal process? And how often? He applied for paupers appeal. He's paid the first month and it's going into a second month
For next months, the funds from the Justice Court should be transferred to the County clerk's office. I have a video on this topic: ua-cam.com/video/orADWJ6Qa64/v-deo.html
How do I get a Writ from the court when the Renter who has Appealed but has not paid rent to the court
That will depend entirely on the rules of the court. Are you in Texas? If so, the Justice of the Peace holds the case for a brief amount of time before shipping it to the county court on appeal. If the JP still has the case, go first thing Monday morning and request the Writ of Possession. If not, the process is a but more complicated.
I won a case by the judge dismissal with prejudice but the other attorney has filed a appeal the tenant is still in the house by the new owner do I need an attorney again money is tight
It's hard to say what you need without knowing more facts. The property is located in which state? What was the basis of the lawsuit? Why was the case dismissed by the lower court? What is your ultimate goal for resolution of this matter?
I need help filing out the papers I don't know what to say to gain more time
If this case in Texas? If so, feel free to call us at (832) 305-7694 or book your appointment online at: lawofficeoferniegarcia.as.me/schedule.php.
Are all tenant appeals accepted in County Court in Texas?
Assuming they were filed properly, yes, every JP eviction judgment can be appealed at least once.
Which court do I get a writ from when a Tennant appeals but has not paid into the court registry for rent.?
That depends on a few factors. Are you in Texas?
My landlord won the eviction case for a writ of possesion but I have not received the post yet, in the meantime i appealed. Now I understand appeals don't stop writ of possesion, so my question is, how long does a writ of possesion take?
That depends on your jurisdiction. Where is the property located?
What if they damage your property during appeals for eviction retaliation and refused to let your contractor entrance to repair.
That refusal is generally a cause for Eviction, first for causing the damage and second for denying access.
What happens if a tenant appeals ask for jury trial and then the tenant files for bankruptcy? Is judgment gone for good?
This is a complicated scenario and probably too complicated to address here. You may need to speak with a Bankruptcy attorney to see about getting the stay in Bankruptcy lifted by the Bankruptcy judge. Thereafter, an Eviction attorney can possibly file a Motion for Summary judgment. Best of luck.
What r some valid appeals a tenant can state to keep the case dragging?
A valid basis for an appeal might include evidence of actual payment or evidence of an agreement between you and the Landlord.
Hi, what if it’s probate situation? My brother (he’s the executor)wants me out of our moms house by the end of Nov 2022. We both live in her home and have never paid rent. Can he still go through eviction process even though this isn’t a landlord/tenant situation? It’s more co-owner/ tenants in common. I just want to know my rights. I’m in Texas. Thanks
This is a tricky situation. It depends on who owns the property. If the will says you own it outright, brother has no authority. If he owns it outright, he has all authority. If you both own it equally, you probably have a fighting chance to stay, as an owner cannot be evicted from his own home. However, if the will says sell the property and split the proceeds, then the Probate court can order the sale and authorize an Eviction.
Sir - I need your advise: 2 Tenants filed a Case against me with their same LEGAL AID Attorney from Florida;
1) Small Claims ( for Not receiving USPS Certified mail) - In Court - I showed them USPS Receipts and Card's payment Transaction of USPS for that date - Still Judge favored Tenant because they were with Attorney.
2) Eviction case: Tenant Refused receiving 3-day Notice. Judge asked me to Re-serve 3-day Notice. (case dismissed)...
Now this Legal Aid is asking me to pay his legal Fee for $7,500 and $5,000 for both cases in favor of Tenants.... Is this Ethical ??? Please reply soon. Thank you!!
Ethical or not, if the courts approved these fees, you need to know whether or not to challenge these fees with an appeal or some other legal procedure. As I am only licensed in Texas, I strongly recommend that you contact an attorney licensed to practice law in Florida ASAP.
I sued my former landlord for refusing to refund my security deposit within 30 days of surrundering the property. The magistrate court Judge ruled in my favor, for refund of 3 times the security deposit.
Landlord appealed the decision to a Superior court. It's over 3 months since he appealed and there's no date set for hearing yet. Landlord sent me an email stating that he wants a settlement. What's the best advice for me? Is there something I shouldn't do or do better?
Your best bet is to have the facts of your case reviewed by a Landlord/Tenant attorney. A settlement may work in your favor, but it's best to have the terms of settlement reviewed.
Good!
What happens if a tenant appeals for the second time but his rent is not up to date
Is this in a Texas Court? Was a supersedeas bond set? If not, you probably need to talk to an attorney to get a hearing to establish a suitable bond.
I am the new owner of a house, there is a guest that refuses to leave I have no contact with him verbally or otherwise. I have given a 3 day notice to vacate and have filed a eviction suit. Is there any valid reason that he would be able to win an appeal
Does he have a viable claim to ownership? The other possibility is a claim of a domestic relationship. These issues make this kind of "guest" particularly troublesome in an Eviction context.
What if I’m trying to mediate with my landlord and never get a anwser back during my appeal? Will the court give me a chance to make an arrangement if my apts won’t reply to me?
Generally, if one side is not willing to negotiate, the court will not force the parties to settle. However, some courts do require the parties to at least attempt settlement. You, however, should be prepared for the Plaintiff to reject offers of settlement.
I won the first judgment , but the tenant appeal in Harris county, now the case got moved to down town , how many days do I have to file with the court as a landlord
What do you mean? What filing?
So if the tenant appeal , do I have file an appeal as a landlord as well?
@@ernesto77093, no, your original Eviction filing will transfer to the next court automatically. However, the trial procedure is going to be a bit different from the Justice of the Peace.
filed a writ of possession, tenant appealed with affidavit of inability, what can I do now?
Does the Tenant have a deadline to pay rent into the Court's registry?
Hi, if the tenant left, can i rent out the property to a new tenant while the Appeal is in process?
Probably. If a Tenant has fully surrendered the property to you, it's not only the best way to reduce your losses, in Texas, for example, you are required to mitigate your damages by finding a replacement tenant ASAP.
What if the landlord never gave the tenant a receipt for cash payments made every month for the past 5 years then claims the tenant didnt pay rent for the last 4 months but the tenant has bank records showing they withdrew the money for 2 of the 4 months like they have done ever since they moved in?
And every time the tenant had asked about some kind of receipt or proof the landlord gave one excuse after another and didn’t keep a ledger of the payments.
Could the tenants take the landlord to court for violating the Texas Property Code - Section 92.011 - Cash Rental Payments which states the landlord is required to give receipts? Just a wondering
Yes.
@@LandlordAttorney thank you. Now I need to figure out how and where my parents can do that… Keep up the wonderful videos and trying to help educate people on this type of situations and the laws…
@@highwayangel32 will do.
Currently dealing with tenants that appealed their eviction notice. We hired a lawyer to file a complaint against their appeal. She told us that she may be able to strike the appeal since tenants did not pay the correct amount on their appeal. What happens if we’re able to strike the appeal, does it mean that it gets canceled?
Depends. Is this a case in a Texas Court?
It’s in Luzerne county, Pennsylvania
As I am not licensed in your state, I can't give you legal advice. I recommend reaching out to a local Landlord/Tenant attorney and seek their advice. Best of luck to you.
Can you appeal a month to month tenancy..but it’s really not because I lived in the property for 6 and a half years and the first 4 years I had a lease and then she told me I didn’t need a lease and the last lease applies and I have all the same rights and for the full year like it always was..now she wants me gone after all these years and says she “just found out”that it’s a month to month lease .Can a judge side with me that I was verbally promised a year because that’s always how it was after I stopped getting a lease and then I can pay to stay because I’m in PA.If not I can appeal right?I hope?
I need to learn the appeals process. Have done the most in my situation and still being threatened. Thankfully i kept all necessary records of this injustice. Have been constantly looking for help and every number i call doesnt help me. Have been renting for years and having further extreme issues within this current moratorium situation!
Thank you for your comment. On our UA-cam Channel, we have a Playlist about the Appeals: ua-cam.com/play/PLLbNXkUpDihjH_k2vFT5hTEnlSVZgCltc.html
How can a tenant appeal a warrant of eviction from a holdover case in nys
Unfortunately, I am unable to counsel you on Eviction laws in NYC. I recommend finding an attorney in your area. Best of luck to you.
I ( landlord) got default by judgment because my tenant didn't show up the trial if they appeal they will appeal against the whole case or just against the default ?
The whole case. In Texas, the appeal will result in a "trial de novo," which is to say, a new trial or a trial moved from the Justice of the Peace and starting, from the beginning, in the County Court.
How are you now?
@@unknown-by9kf, I'm great, thanks. How are you?
Hello, I have a resident living on my rental property without my permission and their name is not on the lease, and now I learned about the situation when my tenant started bot to get along with the resident that he allowed on the property and is now receiving mail to the property as well. I sent an eviction letter to that person but still nothing happened. Any suggestions? Thank you!
Is this a property in Texas? If so, there's no way to simply evict the new person. You would actually need to Evict the original Tenant, and, in the process, the new troublesome tenant will actually be evicted. Technically, if you have a written lease, the person on the lease is the one you sue. In this case, they have likely violated the lease by allowing an unauthorized occupant to come onto the property.
@@LandlordAttorney I appreciate your help sir! Property is located in Dayton Ohio
@@elinajem4976 , 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 I appreciate you, sir!
If you appeal and then pay all the money owed can you stay ?
Depends on the Landlord. Some landlords are willing to accept payment and allow the tenant to stay. Some will accept payment in exchange for a dismissal of the Eviction but will still demand a return of Possession. Other landlords prefer to recover possession and a judgment and will reject the Tenant's offer to pay.
If the tenant wins in county court and sets a high supersedeas bond, can the defendant still file a pauper’s appeal and it automatically goes to appellate court?
By "tenant," do you actually mean the "Landlord"? Yes, the case case be appealed with a pauper's affidavit, but the Tenant cannot remain in possession without paying the bond if the Tenant lost the case at the county court.
@@LandlordAttorney yes I meant landlord. Thank you
If my landlord agrees to dismiss the eviction after I pay by the date given. Will I be able to get the eviction removed off my record? Will appealing the case help in any shape or form?
In Texas, if you settled the debt with your Landlord, he or she would need to sign a Release of Judgment. It can be filed with the court, or, if there was an Abstract of Judgment filed with the County Clerk, the Landlord can send the Release to you for filling with the county.
@@LandlordAttorney Thank you so much for this information!
Donde esta localizado necesito los servicios de un abogado en esta materia
Houston, TX.
It's so hard to get papers done California has nobody get this done my wife has a schizophrenic nephew on drugs he won't leave any destroy my house
I'm sorry to hear that. 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!
Suppose the landlord wants him out period , can he still appeal it,
Yes. In Texas, every JP Eviction is subject to an appeal.
If you apeal and the case gets dismissed will the eviction go on your rental record? Tx
It shouldn't. The dismissal should make it go away.
@LandlordAttorney The case was closed not dismiss will that make a difference
@@Prettygirltings It could. Closed could mean that a final judgment was signed.
Even with a Non-Suited? Cathlic chearties paid my landlord and they promised to dismiss but their attorney closed it instead. How do I check to make sure its not another judment thanks
@@Prettygirltings If there was a Non-suit, that's another way to say dismissed.
How can we connect with you? I am the broker with Legacy Realty dealing with 2nd appeal to 3rd court
You can reach out by email to info@attorneyEG.com
You only support landlords not tenants
My videos are all from the Landlord perspective, but I represent both Landlords and Tenants.
Because the landlord are mostly the victims. Hopefully soon you can get some property to rent and you will see.