If You Have a
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- Опубликовано: 19 янв 2023
- Whether or not you have a lease should be a pretty simple question to answer, but many Landlords just don't know for sure. Is a written agreement required for a Landlord and Tenant to have a Lease? How does a lease terminate? What is actually needed to create a lease? Watch today's video to find out and stay until the end for the essential elements of a great lease.
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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
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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.
Hello! I hope this question makes it to you 🙏🏼!
We have a tenant who fulfilled the 1 year lease and we never got a chance renew it for another year so the existing lease just became month to month per the state of Arizona . She is the only one on the lease but we allowed her to have her finance live with her verbally even if she is the only one on the lease agreement. Now she wants to add him to the current lease. I emailed her a new 1 year lease with the fiancé on it but she let us know that she is happy with being month to month and just wants her fiancé added so they can present paperwork that they live together to help him get citizenship. The problem is that we don’t want to be renting our home month to month and would very much prefer tenants who sign 1 year leases. Am I obligated to add her fiancé to the lease via addendum or a new month to month if that’s not what we want?
Unfortunately, as all attorneys in our law firm are only licensed in Texas, we will not be able to guide you through Arizona laws. I'd recommend reaching out to a landlord/tenant attorney in your area and seek their advice. Best of luck to you.
I had a lease agreement but I misplaced it but the girl that is reading from me she was paying her rent very well until it got to February she said that she would pay the other portion of February in March March came and I did not receive February rent so she said that she would pay when she got her income tax I waited and I waited for her to get her taxes but the time was just going and going so I decided to serve her a lease because I told her that I could not wait around for her to pay the rent because it was like she was telling me this day that she would pay the rent at that particular time it would pass so I decided to evict her and I gave her eviction notice and she had been there practically the whole month I did serve her on the 17th of March and I gave her until the 1st of April to leave. So I was just wondering would I still be able to evict her even though I don't have the lease but we did have an agreement on the lease
Lease renewal received May 1 2023 with an appointment needed to sign renewal lease only numerous walk ins and emails have been sent to find out appointment date have not received any response and lease already expired August 31, 2023. So, I paid the new rental amount provided to me by another agency the same day and can't get one single person to help, respond or even tell me what's going on or what happens without a lease. Corporate doesn't respond either.
Your facts are a little fuzzy. First, did your original lease end on August 31, 2023? Was the renewal sent on May 1, 2023 supposed to extend your term beyond August? Did the "new rental amount" begin in September or some other time? Did the Landlord accept the rent? If you signed a lease originally and rent was accepted for September, you currently are on a month-to-month term with the last signed lease. It appears that you were given notice of rent increase and you've paid it. Get the new lease signed if it's going to secure your stay over future months. You may need to revise dates, but, as long as you've paid rent for September, you should be fine.
I have a question I had a lease with the runner that's in my home I misplaced the lease but now I have to go to court to evict her I called the courthouse and they said that I didn't necessarily need the lease is that true I live in Texas
If the Lease was never signed, then you don't have a written Lease but an oral agreement only. An oral lease is valid in Texas. This video may also help: ruclips.net/video/iJ8ba13PCbo/видео.htmlsi=0L1kLApYpknRLrSv
How about this , I've been renting since 2015 my lease ended in 2019 as I went into month to month but I have not signed anything in writing agreeing to higher rent since then. This month , the owner just sent out another lease agreement going up again on the rent but I have not signed it. Do I have grounds on which I keep paying the last amount based on the written agreement we both signed back in 2019?
In Texas, unfortunately, the Landlord does not need your signature or authorization to increase rent. Even without your signature, the Landlord can raise the rent on a month-to-month tenancy with a 30-day notice of rent increase.
I have misplaced my rental agreement as a landlord but I do have pay receipts of how much the renter was paying me is that efficient enough to prove what the renter was paying if I was to evict her which I have served her eviction because of non-payment of rent for a month
You might be able to present an unsigned copy of the lease to prove up the lease terms. However, yes, you can show payment history as proof of the rent amount.
Thank you so much
I'm in rent stabilization apt and my landlord failed to send me a renewal lease for 5 years fighting in court which I won, now my question is the prior lease was not in my name, do I have to pay the rent on a lease I never signed?
In Texas, an oral Lease is valid so you still have to pay rent because this is what you and the landlord have agreed to.
@@LandlordAttorney I never made any oral lease , the person on the lease left and died and he returned the money order of the rent , we fought for 5 years cause he did not want to accept me as a second successor of the rent stabilization in NYC and I won the case ,so I’m not sure if I have to pay the rent of someone else in the lease .
For first time I have a landlord that wants cash only rent and no lease ? How do I protect them from raising my rent out of the blue or evict me without notice ?
Cash only is a bad sign, especially if they do not offer a receipt. I would never recommend going without a written lease for either Landlord or Tenant. That's too much risk.