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- Опубліковано 5 вер 2024
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There are so many things that can go wrong with a residential lease that it makes no sense to dive head first into a rental agreement with someone before you've had at least a little training. Even veteran landlords don't kow everything there is to know about landlording, and, with laws changing all the time, it helps to stay in contact with a resource for answers to the tough questions.
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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...
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.
Representing texas well sir🎉🤠🤘🏾🤘🏾
Thanks
This is a great video.. wow!! Thank you so much
Glad you liked it!
you are God sent
Thanks.
I loved this video. Thanks for all the info. It is invaluable
@@wildernesswarcry4882 I'm glad you think so.
Feeding ferral animals strays question.. great answer.15:55
Thanks
This is so informative. I thank you immensely 🙏🏼.
You are very welcome. I'm glad this was helpful for you.
i am poa and property manager of my mother's property i sued tenant my moms company as plaintiffs and i went to court with poa
Are you in a Texas court?
@@LandlordAttorney yes sir
I meant to say it went well; I got the judgment. But another tenant is from hell, driving me crazy. I've never seen anyone like her before. Since I've been doing this since 2011, the tenant is horrible and a bully, sending rent late, not allowing inspections, and even calling the cops when a repairman goes to fix stuff. I can't take it anymore. I gave her notice by hand and certified and regular mail. When she was late for 6 days, she finally paid me rent and the late fee of one month. I accepted it by Zelle. If she does the same next month, can I still use the previous notice to go for eviction? Because I can apply the recent rent payment towards the previous late fee, and she still owes me portion of the rent.
If she's late again, I would recommend sending a new Notice to Vacate and also list all Lease violations, if applicable.
@@LandlordAttorney thanks I didn't know that you can list all lease violations in move out notice as well.
4:31 exactly
27:02 good question 🎉
21:16 good question 🎉
Thanks!
Thank you so much !
You are 1000% welcome!
Awesome information.emotional support and service dog...2 different things??? but i see how some animals are calming... but i saw a guy on yt with alligator as emotional support😮 what if small mini horse?? Goat?? Snake?? So basically it does not determine??
Great content
Thanks so much!
I still have a victim because they got a legal aid lawyer to represent them
How can legal aid fight for them if they owe rent how can you find out how much they pay legal aid to represent them you can recover what you pay for two grand seems like a lot of money to pay to have them vacate my property when they go down to legal aid and do it for less than two or three hundred dollars
Is this lawsuit in Texas?
tenant is horrible and bully and sending rent late, not allowing inspections , calling cop when repairman goes to fix stuff i can't take it anymore i gave her notice by hand and certified and regular mail she finally paid me rent and late fee of one month i accepted it by zelle if she does the same next month can I still use the previous notice to go for eviction?
Yes, you can send a 3-day Notice and begin the eviction process.
Can a tenant give you a 30 day notice that they are leaving your property?
They probably can without consequence in certain month-to-month leases. Additionally, any tenant can do this at any time, but, if this violates the lease, the landlord might deduct fees owed for this breach from a security deposit, proceed with a civil lawsuit, or both.
Hi. I did put the N12 notice in top of kitchen table and took a picture and send the picture to her. Is this enough that as evidence that the tenant got the n12 notice?
That'll depend on the eviction laws for your state. Where is the rental property located?
A1 CONTENT
Thanks so much. I really appreciate that.
@@LandlordAttorney do you have any books or can you refer any books regarding this matter
@@GotDeals410 I'm working on a book.
Great videos, question:
Bought a house at forclosure auction in Detroit, MI & the previous owner has tenants in there still (her nephew and father), but i dont know their full names (only first name of the nephew). Can I mail a 30 day notice to vacate addressed to "current residents of 1234 street" or something generic like that?
The specific facts of what is acceptable Notice will be based on the laws of the State of Michigan. For a clear understanding of what is legally appropriate in this situation, you will want to seek out legal counsel in your jurisdiction.
Sounds expensive. I will be looking into the laws myself. I am an architect and experienced in referencing laws for various ahj. I just need to find the right laws; federal, state, and local. I am a firm believer that law should not be so convelouted that the citizens it applies to can't read and understand it for themselves, or how would they comply. I honestly trust no one but myself to do anything right, not even a licensed attorney. Even with your advises or the advises of a local attorney, i would still do my dillogence and read and understand the law for myself becase claiming ignornace and telling the ahj, "well so-and-so told me this" doesnt really mean a damn thing even if that info was from an attorney. Your response provided no help, can you throw me a bone and tell me how you would handle it in your jurisdiction?
@ianmonday7548 If there was a lease in place like this in Texas, I would send written notice that all future rent should be sent to the new owner. I would also send notice of termination of that lease, assuming it is a month-to-month tenancy. In my termination notice, I would also announce that if the tenants stayed longer than 30 days, the new rent would be some new strategically higher rate. At any future instance of nonpayment, send a Notice to Vacate and proceed to file for Eviction if they do not Vacate. Sue them and notify them in the names you know, but try your best to find out their names. However, if you have to sue them without a known name, use John and/or Jane Doe. Establish rent at the new rate in an effort to prevent future appeals. If
Thank you so much
@@ianmonday7548 You're welcome
I made eviction notices but the lawyer find out mistakes on the notice can I send another eviction notices while the first one still in court ?
Was this your lawyer or opposing counsel? If this was your lawyer, you will need to discuss this with that lawyer. If opposing counsel, it will depend on whether or not the mistake on the notice makes the notice invalid.
What happen during a trial, if in the lease has my wife name but all these years we were dealing emails with under husbands name ?
Your Lease should clearly state who manages the property and who the landlord is.
@@LandlordAttorney thanks.
Wow.
1. He’s a practicing attorney but suddenly dons a judge’s cloak and gavel?!? That is a DELIBERATE MISREPRESENTATION of authority!
2. US Federal ADA law says NOTHING about “Emotional Support Animals, aka ESA!” Federal ADA law pertains strictly to bona fide “Service Animals,” the only LEGITIMATE designation. Service Animals undergo expensive and extensive professional training to perform real and tangible services to the disabled. Think guide dogs for the blind. Think predicting epileptic seizures. And assisting chair-bound people with daily tasks. Real stuff. Further, it is ILLEGAL for a landlord to ask why any tenant has a SA or their specific disability. They can ONLY ask what tasks the SA performs!
In contrast, ESAs are no different from spoiled family pets and spoiled owners whom want their pets to fly for free and lease terms relaxed. They have NOTHING to do with ADA law! Sadly, a lucrative industry has bubbled up in the US to try to imposter SAs - complete with regal-looking paper ‘certifications,’ official-looking dog vests, fake tags, fake doctor’s assessments, and more. They’re meaningless. But many landlords and businesses don’t understand the distinction.
And where's your Judge's robe?
Don’t have one, and never would. Please read Texas Penal Code - PENAL § 37.11. Impersonating Public Servant@@LandlordAttorney
Question im waiting on approval for rental assistance. I paid money into the justice of peace registry, and I want to know as a tenant can I request my money back if I dismissed the appeal? Thanks
I can really only speak from a Texas perspective, but once the appeal is perfected, only the Plaintiff can dismiss the case. The original judgment no longer exists. That's actually the last topic I cover in the video. Technically, that rent payment belongs to the landlord unless you win the case on appeal and can convince the court to award that money back to you.
I live in Houston. My landlord will be dropping the Eviction against me. I already paid to into the registery. Once they drop it can I get my money back that I paid into the registery. My rent will be current because I'm getting assistance from a non profit
@prettyDiime This can certainly be part of your settlement. Both you and the landlord will need to sign an agreed motion for the court to disburse the funds to you along with an agreed order. You can probably avoid having to set a hearing since it's agreed, but you will want to confirm that with court staff. Good luck.
@LandlordAttorney Thank you. BTW I love your videos. Keep up the amazing work informing people about evictions and the law.
@@PrettyDiimples Thanks so much. You're very welcome.
When sending notices in the mail, What address should the landlord use? Do you have to put a senders address? I want my personal address private
You can mail your notice from a different location. Is there a landlord's address featured in the lease? What address would you use if you had to file an eviction?
@@LandlordAttorney there’s no landlord address in my lease why would they need that?
@jeremytorres9593 The tenant might need it to communicate effectively with you. As a business owner, it's a good practice to have open lines of communication, including a mailing address. You may consider using a work address or a P.O. box in the future if you wish to keep your residence private.