Landlord vs. Tenant: 5 mock eviction trials
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- Опубліковано 5 лис 2023
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Today's video takes a look at 5 different situations where Landlords and Tenants present their facts to an eviction court in hopes of coming away with a win. The "Judge" takes the time to evaluate each case and brings a ruling at the end of each presentation. See if you can figure out how the court will rule in each of these five test cases.
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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.
More of these, please. You are doing a great service for the general public who have absolutely no idea of the ongoing process within the courtrooms!
Thank you immensely
I'm so glad you've found this content helpful.
I was there in person. This was an excellent learning opportunity. I have only been through one eviction that I personally did and this was very realistic. Ernie's other videos prepared me so much that I was only in front of the judge for about 2 minutes before I won my case. I highly recommend all of his videos. Ernie is the greatest!
Gordon, I appreciate your kind comments. Thanks so much.
Agreed, Your channel truly makes an impact!
@@liltuna777 Thanks so much!
Some landlords be making up payments for their apartment and if the judge knew how to collect income for the months that the tenant didn't pay and the tenant was honest about what part she or he didn't pay but the landlord wasn't truthful at the hearing at small claims court the landlord didn't even give the tenant a eviction notice at all the tenant took legal actions because of the landlord wasn't fixing anything in her unit. And the landlord was just adding bills for no reason and the judge made it seem that the landlord knew what she was saying and didn't even have her documents at the hearing but the tenant did she was prepared but when the judge doesn't ask questions and ask both parties and then ask questions afterwards the judge would have seen some red flags because the landlord supposed to give the tenant a notice first to let them know that they want the tenant to move and evaluate the property before they take legal action. And I'm still keeping my documents and contract even though the landlord got her property back I'm looking at how I lost money for something that was accurate in my contract even no notice with the landlord at all but she told the judge she gave me a notice but didn't because I have all my documentation even when I moved in they sent me a notice for November but it wasn't correct because I paid November but if the judge would have ask me more for what evidence I had even letters she would have seen what I was talking about and proving facts. My state is North Carolina
You are ABSOLUTELY THE BEST I HAVE SEEN !!! You need a tv show !!!!!
Thanks so much. I'll take a show as soon as I can get one.
Thank you so much watching your videos helped to win my eviction case today. Thank you coming from north Carolina.
Wow. That's awesome! So happy to hear it.
I watched your video you are absolutely awesome!
I will not argue with that.
Thank you so much for making these videos, you're so helpful to everyone going through this. :)
I am so glad you've found this content helpful.
This is great, and they sounded like actual cases with actual people, curious if they were and this was like an arbitration or mediation.
I scripted the leases and the case facts, but the participants were instructed to present their cases in the best light and to try to win, if possible. I did my best to give everyone a fair shot, while introducing case scenarios for future discussion during the Q&A session that followed.
@@LandlordAttorney that was great, came across as very real and interesting issues that I would not have thought of came up.
@@LandlordAttorney can you do another one with lease violations. like ones invovling criminal activity. drugs. loud music, damage of property, and rent escrow and repairs etc?
when i went to eviction court for the first time. 90% of the cases were for non payment of rent. only 10% were lease violations or rent escrow. and tenants won who show up and show video edvince. besides the ones who were invovled in serious drugs offenses or gun violence.
but it was like some talk show or soap opera.
These videos are extremely helpful. In preparation for a potential court hearing on an eviction of a tenant who refuses to vacate a studio on our property, changed locks and refuses to give us access to inspect the property, these videos will help us to prepare in presenting our case. Thank you, thank you and God Bless you.
Brilliant idea and content.
Thanks.
@@LandlordAttorney can you do ones for material non complaince and lease violations.
That was fantastic as a real estate agent dealing with probate and sellers with their own properties and their tenant situations. I want to know a little bit more about this and this was fantastic within the first 2 to 3 seconds I was like yes I’m a follower and thumbs up.
So glad to hear it.
😅love these role play videos! Please do more
Glad to hear that. We had a lot of fun putting this together. Yes, I'm sure we'll do this again.
This is incredibly helpful and enlightening.
Thanks. I'm glad you think so.
The lil Wiggle Wiggle Celebration Dance at the end! 😂🎉 Love the whole real case scenarios, Thanks! #NextCase 👨🏼⚖️👨🏽⚖️🤪
Glad you liked it.
I think this is your niche, I like it. Very interesting.
Thanks a bunch.
Awesome video!
Thanks so much!
Great video. This has a lot of useful information
I'm glad you thought so, and I appreciate you for commenting.
Please continue with your educational videos.
Thank you! Will do
I wish there was something like this for ca
I know a good landlord attorney in California: The Kian Law Group, Inc. (949) 424-8206 g.co/kgs/Jtj27GX
These case studies are so helpful! My daughter has just started real estate investing, and I have started sending her your videos. Do you have one on Fair Housing? Thanks again.
I'm not sure this is exactly you're looking for but I do have a video on Reasonable Accomodation: ua-cam.com/video/0wgS7872FhY/v-deo.htmlsi=2RLB8zGD-b4OJDcp
I’m also a new subscriber 👍🏽
I appreciate you!
Fascinating. I’m a landlord in SoCal so that’s why I may have served up this video. I’m just a bit lost what am I watching?
Re-enactments of real trials? Discussion about the rental market and how each party sees their world? Content for all parties to get along? All?
The title of the video refers to these as mock trials. Each party was given a set of facts similar to what might be presented in a Texas eviction court, and each side was instructed to present their case in an effort to convince the judge that they should win.
Can you do a mock hearing with a landlord retaliation ? I need help with my case
Where is this property located?
LIKE SUBSCRIBED COMMENTED! WOW! Great videos!!!!
Glad to have you!
Issue packed!
We did our best to make this real-world helpful for Landlords.
question?
what if the tenant is going to court for material non complaice or least violation. and not non payment of rent.
from your point of view or experience how do those get decided?
last question?
like tenant on tenant harassments or tenant on tenant feuds or threats.
basically the bad tenant is breaking the lease or lease violation that is mental and emotional and phiscally affecting the good tenant. and the good tenant is feuding and beefing with the bad tenant.
in your experience. how would that go?
The verdict was unjustified as the landlord stated the reason for eviction was the dog not the rent.
8:07
Question about Mock #2. I am in Texas. The landlord is listed as Billy Bob. The property owner according to county records is Lisa Lisa. When a request was made for the name and address of property owner according to PC 92.201. I was provided with an LLC name and address and was informed that Billy Bob is a member of the LLC and is owner of the property. If that is the case should the landlord on the lease be in the name of the LLC? But can it be in the name of the LLC if the property is not in an LLC name.
Also was I provided incorrect ownership information since the property is not in the name of an LLC?
Is the lease valid, since the landlord on the lease is not the property owner according to county records and there is not a property manager listed on the lease.
I would need a little more information to be able to say for sure. However, if the actual owner was not disclosed, the landlord is in violation of the property code. However, a non-owner can manage property for an owner. If this non-owner is listed in the lease as the landlord, that's the person whose name should appear in notices and on an eviction lawsuit.
? - In the cases were you found for the defendant. They are not relieved of payment of back rent. Y/N Can the landlord start the process over? File for a new case including all of the back rent.
In NY the landlord can't include any penalties or fees on the notice documents. Can these be asked for at the hearing or trial or do you have to take them to small claims?
Generally, when a landlord loses an eviction case in Texas, they can refile and correct whatever error was present in the first case. As for fees outside of rent, yes, a Texas landlord would have to file, in a separate civil claim, demands for property damage, late fees, utilities, and other nonrent costs that cannot otherwise be introduced in an eviction.
@@LandlordAttorney Thanks - This sucks.
I used a service for an eviction and they kept harping that if I had a single family home with a Fannie Mae backed mortgage I have to give 30 days notice. From what I can tell the cares act is no longer in effect except for possibly multifamily which I heard was extended. Are there judges that incorrectly assert that the cares act is still in play ?
In my area (not Texas) a lawyer recently said in a Zoom presentation that our local judges are not requiring that Cares act 30 day notice anymore, even though technically this Cares act requirement was never officially removed. Judges attitude is that Covid is over and that Cares act thing was for Covid.
Frankly the country is split on the applicability of the CARES Act. I advise clients to be aware of it. Certain judges still believe it applies, so it's a consideration. As such, if a landlord knows going in that the notice could be required to be 30 days, I leave that option to them. If I get a case that's already been filed, I just put my head down and plow through, especially if I know the matter is unlikely to be raised. However, I disclose that possibility to the landlord but let them know that we can still work toward a final judgment. Bad legislation always leads to headaches in practice.
@@LandlordAttorney they said the lower courts usually don’t have a problem but the county court has more judges that regard cares act as viable? Have you ever been able to “lawyer” your way out of it by explaining the cares act was not extended for SFH only multi?
@@forrestgreen2348 No. If a Court is convinced it applies, there's no wait out of it. An appeal out of the County court would actually take more than twice as longs as simply starting over, even with the 30-day NTV. Instead, if we get the feeling that the court will likely dismiss the case, we seek to negotiate with the tenant to work out some settlement and work to leave the court out of the dispute altogether.
Hi, I have a question about case 2. You mentioned the lease is invalid if the wrong landlords name is on it. What happens to the eviction judgement if the lease is invalid because of this? And how do the actual landlord evict the tenant?
We may have to review the lease and the judgment to say for sure. Is this case in Texas?
In state of Ohio. Leases says landlord is xxx LLC but the owner is an individual as per records. But the individual owns the LLC as well.
@@swarooptn3249 Here, the question comes down to whether or not the named Plaintiff (Landlord) is authorized to file the lawsuit. This is probably the case as the owner appears to have authorized the Landlord to sign the lease in their own name. The biggest issue is, who is designated as the Landlord in the lease. If that person didn't sue, then the person who did sue probably lacks standing because they are not a party to the rent transaction.
It’s apartment eviction different?
Currently two months behind, previously self employed which failed, currently waiting for rental assistance from the state, new job starting soon.
Eviction threatened but breaking lease is being recommended from apartment employee.
Do I have any options to avoid eviction or is it best to break lease and attempt to move elsewhere?
Depends on how much time you have. If the rental assistance comes through and if work is steady, will your landlord keep you long-term?
@@LandlordAttorney I’ll speak with them today, push for that. Thank you for responding!
Will update accordingly. Can’t tell you how much I appreciate the response
@@TxRhino2 No problem.
Hello everyone, I am new to the channel been watching for over two months now and I have a big problem with my landlord and my HOA. Keeps harassing me and threatening me with evictions even after they took my money.😅 i’m not in Texas, but I am in South Florida. Any advice thank you in advance.
Make sure you have a receipt to prove what you paid for. If everything is paid, you shouldn't be evicted for nonpayment. Now, HOA violations might be another story. You may want to reach out to a local Landlord/Tenant attorney in your area.
@@LandlordAttorney ok thank u keep up the fantastic job and thank you for your time and expertise.
@deekelly3058 Will do. You're welcome.
Does an eviction of houseguests turned squatters have to follow landlord/tenant eviction rules?
Yes, at least in Texas, it would.
Right now am going through thy same thing thing first it was me not paying my rent but when I went to court on 11/3/2023 thy hole story changes to me saying that I sent them an email to them that am going to burn down thy property to where am staying at now how how is that why? Would i want to burn down thy place where i stay at lmfao they don't like me anyways and I don't care one thing that I do know is that my father GOD LOVES ME
Hope things can turn around for you.
Thank u
How does any landlord completely avoid allowing animals to occupy living in our properties with these service dog and emotional support animal rules (laws?) that currently exist.
There are very limited exceptions for individual landlords, but these are tricky and can be waived. If you really want to 100% avoid it, you would unfortunately have to get out of the landlord game.
man i love this. can you do another one of these. this is perfect!!! of what i was facing and going to be facing in the future.
wow. landlord/tenant law and eviction are so complicated that mock eviction trails is the best way to learn so we can stop asking so many questions. lol.
My landlord forged my daughter signature on lease what are my rights
If the Landlord had permission to sign on your daughter's behalf, it's not a forgery, but they would probably have to prove that permission was given.
Can you prove that your daughter never signed the lease? More importantly, even without a signature, if your daughter owes rent or can be asked to leave, the court can order an Eviction.
Landlords are not suppose to enter your property; i.e. fake inspections.
But are real inspections okay? I urge landlords to conduct actual inspections routinely.
Tenant from the hell & failed government policies!
Can a lanlord file for eviction on one issue and bring up another in court?
That's usually not allowed. Can a court allow it? Yes. Should they? Probably not.
There's no such thing as a dangerous breed, only dangerous abusive pet owners.
This wasn't my definition.
@@LandlordAttorney I know, I'm just stating it. People need to realize animals aren't instinctively vicious without mistreatment from their owner. I had a baby pit, sweetest thing. I had to move and my brother took him then he became vicious with in the next year, and my brother blamed me. My brother didn't treat him right, and neither did his gf at the time. she hit the dog and then he bit her, so he threatened me to put him down.
Every month they have a request of something that have to be fixed in the house
I have try to get something fixed at a time now they said if I don’t fix it they are not going to pay me the rent, can I give them a 30 day notice to leave the property ?@LandlordAttorney
I don't know what your lease requires or in which state you are leasing property, so it is difficult to advise you on this topic. In Texas, a tenant cannot withhold rent in this way, so if rent is improperly withheld, your best bet might be to issue a Notice to Vacate for nonpayment.