Lost Time=Lost Money For Residential Landlords
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- Опубликовано: 4 июл 2024
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Unfortunately, too many landlords learn too late that they spent way too much time with a problem tenant, and with each passing day, more and more money was lost in the process. However, Landlords who are meticulous with their time and precise with their planning tend to lose the lease, even when a tenant stops paying rent.
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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.
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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.
I like seeing your videos. Thank you !
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Thank you for all your great information 👍
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You really do a great job of explaining. Thank you for your time.
I have a few odd questions. They are more like what if.
Q1 - NY requires a 5 day late notice as the first step. Is there a time I have to wait (do weekends count) or can I serve the 14 day Demand For Rent at or about the same time?
Case 1: 5 day late notice sent registered mail on the 6th day.
Case 2: Landlord (me) waited until 19 days late (1st months rent).
So the question is: If I have to wait a period after the 5 day notice. What is it and do I have to wait the same amount if I serve the 5 day notice at day 20?
In NY the lease is in default on the 3rd day after the due date (say the 1st). They have a grace period of 5 days before any late fees can be levied and it is not a grace period for the due rent. The law and all explanations I have looked at are not clear. It only states that the Demand For Rent (14 day to pay or quit) is step 2. So my logic says I must serve the 5 day notice before I and serve the Demand For Rent. It is unclear, it doesn't specify a wait time (that I'm aware of) because the 5 day is a warning and the Demand for Rent starts the 14 day clock.
Q2 - I used a realtor to list the apt. and research the applicants background. My current tenant put an income of $1500 a week on the application. I asked for an explanation after he missed the 3rd date he promised. Excuses range from catching up on other bills, bank was closed, bla bla bla. He also stated that his weekly income was more like $1000 a week and he owed his ex wife $400 a week.
Do I or can I claim he signed the lease in bad faith or with intent to deceive to break the lease?
I'm fairly sure that my agent never verified his income. I don't think he would have found otherwise since my tenant works for his brother doing remodeling.
You should be proud of me for not waiting till the 2nd month.
Thanks for the help.
First, as I am not licensed in NY, I can't really speak to NY law and how courts, for example, count days for notice provisions.
For screening, this comes down to what NY law allows as a valid basis for default in an eviction matter. In Texas, you can file an eviction for misrepresentation in an application. however, if someone estimated their income, that's kind of a gray area, and court may not see this as sufficient for an eviction.
@@LandlordAttorney My childhood neighbor is my current family lawyer. He is also the town judge. I'm sure these kind of cases have crossed his desk.
He said that Friday (today) was payday so he will have the money. You won't believe the story he came up with. Cause I don't. He only owes $340 + $50 for prorated March rent. First full month went to agent. Come the 1st his monthly is $965. He only has 1 paycheck between now and then. I told him I'm start the process. He seems to know it pretty well.
Today I sent reg. and normal 5 day late notice. He is also going to get hand served tomorrow by my aid.
Thanks for responding.
written notice for lease violation by email or postal mail
If you think you'll be using it in court, do both, but first, make sure your lease allows notice by email.
If a landlord terminated a tenant for a smoking violation and stop taking rent went to court 7 months later and landlord loses in court.. do the tenant owe seven months of back rent?
It depends on the judgement. Please refer to it to see if the judge ordered to pay owed rent.
One more thing. My lease states that the tenant must pay in full and valid fund on or before the 1st. I started notifications today because he has failed to pay his 1st months rent after 4 promised dates. I want him out.
Can I and should I refuse partial payments? The idea is that if he doesn't pay in full the quicker I can get a judgment.
Am I on the right track?
If you accept funds and still intend to evict, it is best to make that clear in writing upon acceptance. If you intend to evict, you probably cannot accept funds otherwise.
@@LandlordAttorney Thanks - 1 more.
It's 23rd of the month when he got served with Rent Demand. Rent is $340. Told me rent will be late next month. $965. By the time I file the paperwork the amount on the forms will be wrong. I.E. $340 + $965. Can I amend the documents or do I have to start again. Do I have to wait the 5 day and 14 days again or since he was already late and served or just need to server new set of documents?