Huge FAIL for unprepared landlord in eviction court
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- Опубликовано: 29 сен 2024
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Have you ever had that dream when you show up to a big event but you forgot something really important, like your pants?! In real life we sometimes show up completely unprepared. "Maybe I can wing it," or, "I'll figure it out along the way," we might tell ourselves, but failing to plan often leads to failure.
Neglecting to prepare for Court can end up costing you significant time and money. Don't expect the County Court to run just like the JP, and don't leave your Eviction Appeal to your gut reflexes. Make sure you know what you're doing before you ever appear at an Eviction trial, and if you see the Tenant show up with an attorney, you really have consider whether or not you're up for that challenge on your own.
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The Law Office of Ernie Garcia stands out for its unparalleled expertise in landlord-tenant law, providing essential support to Texas landlords, apartment communities, and real estate investment firms. Whether it’s delivering legal notices, filing lawsuits, or defending landlords against tenant lawsuits and HOA or tax foreclosures, Ernie’s firm has done it all. Ernie Garcia, a distinguished landlord attorney with over 14 years of real estate law experience.
Additionally, The Law Office of Ernie Garcia assists clients with drafting Leases, Deeds, and Notices. 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.
Who you choose to work with really matters. Experience the difference of partnering with an attorney who truly cares. We are proud to deliver top-notch service to help our clients reach their business and personal goals. Whether you're looking to file an eviction, update your lease, or need help with a difficult tenant, The Law Office of Ernie Garcia, PLLC is here to shoulder the burden of tough litigation to put you in the best possible legal position to win, win win!
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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. "
The landlord's biggest mistake out of all the mistakes she made was to try to make everyone believe that she was an attorney. Her dialog and how she conducted herself basically was meant to state "I am an attorney"
Agreed. Unfortunately, she did herself a great disservice in showing up unprepared and contributing to the delay.
Oh man, I was looking forward to watching her make a fool out herself. Nice courts and lawyers, what you gonna do. I think if you record her case again I will try to watch, it should still be nice to watch the narcissist lose.
You can see the whole video on "Law Talk With Mike" YT channel. It is funny as heck
Great information Mr Garcia, thank you for sharing.
Glad you enjoyed it. I hope you find likes of great resources on this channel!
Can we have a video of a good example of what to do in court..
Have all your documentation and evidence.
Thanks for the good advice!
You're very welcome!
It’s Sideshow Bob’s sister. That defendant’s attorney is extremely nice - if I were the defendant, I would have asked for the trial to proceed. I’d want to be done with it too. The Landlord is extremely arrogant - she knows she started off wanting the court to see her as an attorney. In fairness, the judge should have directly asked if she was a lawyer but maybe that’s not important in these types of trials 🤷🏻♀️
I would have loved to have seen the follow up trial.
Is she the landlord, or, more likely, just a property manager or rental agent?
great video!!!!!
Thank you!
Nice video attorney. I realize that you are a landlord attorney, but do you have colleagues that specialize in representing tenants in Nevada and/or dual Nevada/Texas in which you can refer me to for a consultation? Thanks!!!
Sorry. I do not have a Nevada attorney to whom to refer you. You may want to contact your local bar association for assistance.
First, she said she had a witness that was sitting across from her and is a team member of her office and then was a witness. And then there was no witnesses in the office or on the team. LMAO! And then wanted a rebuttal for an argument hearing had not even begun yet. LMAO! I think this attorney needs some more law school training again and again. She is totally lost in this hearing. LMAO!
Yeah, it was pretty rough the whole way through. You can tell that, in her mind anyway, she really thought she was nailing this.
She is clueless
Yeah, to an absolutely embarrassing degree.
She comes to court in a tank top and wild hair. Good Lord. I'm embarrassed for her, this went so bad.
What I love is just how confident she is that she's got this.
@@LandlordAttorney Well, I guess it's good that she's confident. It's so disrespectful. People seem to forget they're in court. Be on time, dress appropriately, and be prepared to state your case. 🙄
@@JulieAucoin-xu1je 100% agree!
Thank you so much. watching your videos helped to win my eviction case today. Thank you coming from north Carolina.
I do my best!
Ummmm…… I don’t like to bring up anyone’s looks but what’s going on with the plaintiff’s hair! What a very odd style choice!
Her hair was the first mistake.
Ouch. I have no qualifications in hairstyling myself.
Hahaha
I call BS on the landlord. Mumbo jumbo. I favor in the defense.
Yeah. She's a bit of a mess here.
@@LandlordAttorney I l live in Fl. Reported roof leaks to landlord June 17, 2021. Roof leaks each time after heavy rain. No tarp. No repairs. Contacted code enforcement this week. My Mold Pros conducted tests last week. Nothings being done. Fl statutes 83.51 states landlord responsible. The lease states landlord responsible for roof repair. We're current on rent and even paid increases while roof leaks. Thinking small claims....just want it to stop raining in my bedroom.
I understand. Unfortunately, I will not able to counsel you on Florida laws as I'm not licensed in your state. I recommend searching for a Landlord/Tenant attorney in your area.
Expert Explanation. Very Informative. Fantastic Video
Thanks so much! I try to explain things as plainly as I can.
@@LandlordAttorney You always do. That's why I watch when I have free time as well as recommend you channel and videos to my colleagues
Thank you so much! I appreciate that.
Expert Explanation. Very Informative. Fantastic Video
Well…gotta say this is a genius way of soliciting business. Showing how a noob will fail spectacularly in court should earn you some phone calls 😅
Well, like any good story, it paints a pretty good picture of what real life court can be if you genuinely do not know what you're doing.
Lol that judge know that lady ain't no lawyer...they know exactly what they doing...one thing about the law field they like to chew up people who think they are lawyers or trying to represent themselves....girl go get a lawyer
We rented my grams house to a family member and his girl friend that had no where to go. Informal month to month lease on good faith. Very low rent just to cover taxes and they were to do home improvement while there to make up for the difference. A yearin they split up she gets a restraining order and he's out and can't come back. Now we're stuck with the girlfriend. Rent raised due to no home improvement she refuses to pay increase and continues to send original amount. 3 years in we've sent certified eviction she ignores. This past month didn't pay rent because she had school clothes to buy and says she's doing work on the house. We did not agree. Haven't heard from her since and rent is due in couple days. We want her out to sell the place. She's vicious though and we can't afford an attorney to proceed with legal eviction. In the meantime my grams house has gone to hell. Is very very sad
@@shaunasmith8834 I'm sorry to hear that. I would recommend acting quickly. Each day that passes is more lost money and potentially additional damage to the property.
I evict a tenant and.i was so prepare for trial that we didn't even make it to trial. Pretrial conference the case was won.
Good job!
Excellent video! Court etiquette is vital, thank you for sharing :)
You're very welcome. Thanks for watching.
Court etuquette is vital, even though judges have no obligation to be impartial and frequently bring their biases to the courtroom.
If you properly kiss the ring, bow, grovel, and show proper deference, you might be given something resembling justice.
@@yourlogicalnightmare1014 , groveling in essential to justice.
We can confidently say she is not a hairdresser either. 😬
LOL !
No no, I'm the most unprepared landlord. Heck, I don't even have a property or a tenant yet......lol
When the justice court sends up the appeal, all documents presented in the justice court should also be sent along with the appeal. This is a legitimate misunderstanding, she thought the procedure of the courts wouyld have been forwarded to him,.
That's accurate. All of those documents were sent, but, the Plaintiff probably had a duty to prepare her own marked exhibits for the court record. These instructions were probably mailed to her or posted on the court's website.
Why was the defendants attorney so gentlemanly and offered the continuance. Is there ever a risk of an aggressive defendent exploiting the plaintiffs weaknesses in situations like this. I imagine this judge is pro-landlord and that's the only reason he's cutting them slack.
I think the Defendant's attorney was looking for a long-term resolution that included accepting payment and allowing the tenant to stay. By pushing for tiral and potentially a dismissal for lack of proper evidence, the Defense would likely have burned an opportunity to keep the eviction off this tenant's record and allow him to finish out his lease.
Property managers usually aren't well-versed in Latin ! LOL
True.
More slumlords.....
...and extra cheese.
There is a lot of secondhand embarrassment
When going to court For The "the assumed tenant" does the Tenant has to provide witnesses or evidence too?
The tenant has no duty to prove anything. In fact, the tenant doesn't even need to show up (but I don't recommend that). The Landlord is obligated to prove his case on his own. However, if the tenant has good evidence to contradict the landlord's case, the tenant should present that evidence.
Good afternoon, thank you for this video,. I'm a landlord and have trial on the 10th of this month, my tenents have not paid rent since the pandemic, trash the property. Allow 4 extra ppl living there,,, and are saying they have... What evidence can I bring into court or anything to help me make my case. HELP! THANK U
I called the JP Court and they were very informative on what to do next. Call the JP Court you filed at and as some questions.
I filed an another affidavit about her not following the agreement made in court..now waiting for a reply.. because she stated she is and will be the only adult staying there untill her move out day.. they gave her 6 weeks.. and hasn't paid a year. This is unfair.. while I have to pay water bill, which she leaves on just to be a pain.. taxes. Insurance. Ect
This is terrifying.
I have a tenant that didn't pay rent in 3 years in New York. A dentist with a clinic in Manhattan. Prepared or not, if the judge is super pro-tenant or an idiot, not much you can do.
I would recommend finding a Landlord/Tenant attorney in your area and initiate the eviction process. Best of luck to you.
Excellent video and good information!!
Thanks. I appreciate that.
She’s so sure that her knowledge, I’ve seen plaintiffs act like they know the law because they watched some videos and say a few legal terms however she obviously doesn’t know anything and it’s obvious she will lose because of her ignorance. The tenant has a lawyer who is giving the landlord pennies from heaven but the landlord feels like she knows more than the lawyer and without watching the entire video I have a feeling she being a narcissist probably thinks she knows more than the judge. She deserves to lose because of her arrogance and I’m going to enjoy watching the lawyer show why you would have a chance of a win with a lawyer so they can tell you too shut up before the court has to, then if you won’t blurt out fax the defense will use against you.
Landlords need to take Eviction Appeals more seriously. Most landlords are not aware of the difference in formality between the two courts.
Im viewing this as the tenant an learning a defense against my termination of lease notice taped to my door here in Oklahoma yesterday lol. Management violated my lease in my opinion because they have notice last month that my violations from September would be remedied at my cost and figured into October rent. The manager failed to follow the Oklahoma statute and give me the 10 day to alleviate lease violations as allowed by Oklahoma title 41 statute. An hour of work for me to do a little basic touch up painting and drywall repair from a couch I was renting a while back seems a bit extreme considering we've been paying our rent on time since 2019. Lord willing I'll get some justice from a good God fearing judge as I attempt to prove I don't deserve an eviction
I am not licensed in OK, but I know that in Texas there is a difference between a Notice of Termination and a Notice to Vacate. A Notice of Termination does not require fault. It is sent merely to declare the end of a lease. If your lease has ended, your Landlord may be entitled to possession. You will likely want to have your case reviewed by a licensed Landlord/Tenant attorney in your jurisdiction.
@@LandlordAttorney Yeah I understand what you are saying. Same thing happened to my brother in law down in Tyler Texas under a very similar situation. Our home previously managed by OPM INC. changed to a company called Laguna property management about a month and a half back just as my brother in law had happen right before he was given the same kind of notice. It's I. God's hands now but yes I'll definitely be reaching out to legal aid services of Oklahoma to see if we can get legal representation concerning this matter. When I asked the manager why they changed up this process she simply replied with "The notice wasn't given because each inspection has resulted in the same violations and issues that shouldn't be continuing to happen." Which I won't be responding to her any further because from the lease agreement it is stated "Eviction for Violation of Lease.
a.
Notice of Violation. Violations of the terms of this lease can result in termination of the lease and eviction of the Tenant. Except for failure to pay rent (see Paragraph b) or dangerous actions by a Tenant (See Paragraph c), or failure to recertify (See Paragraph d), if the Tenant does not live up to the terms of this lease the following will occur:
1)
The Landlord will deliver to the Tenant a written notice describing the violation and demanding that the Tenant cease the lease violation within the time period specified in the notice."
But your point is that this isn't an eviction but a notice to terminate lease. All previous quarterly inspections have always been remedied by me in the past and I was always given 10 days to do so, they skipped that step this time which seems very unfair and immoral to us but I get it that morals aren't what courts are moved by unfortunately.
@@TheTrueSonOfFire , said a prayer for you sir. I'm in a similar situation where the new buyer just wants mo' money and doesn't care how. God really, really, is there for those who trust in Him - we are living proof of that. Hope that helps!!
Hey Ernie I own a property in Tennessee and one of my tenants has used everything in there power to delay to delay. They appeal. And made no payment to the court registry I filed my writ and the judge requested a review with a separate court date what can I do to quickly regain my property thank you
Shawn_James21, unfortunately, as I'm only licensed in Texas, I'm unable to guide you through Tennessee eviction laws. I'd recommend finding a Landlord/Tenant attorney in your area. Best of luck to you.
That plaintiff is extremely annoying. Have zero patience for people who ramble on and don’t get to the point. Hope the defendant wins.
Thank you for this. Very helpful...
Do you handle subjects súch as:. A tenant gets mauled by feral stray cats set loose after an eviction. And or a great Tenant who after the mauling is now on Hospice Promise FUND.
Who would the tenant sue in this scenario? Stray cats generally don't belong to anyone.
Good work, Mr. Garcia.
Thanks for that. I'm always pleased to find that viewers enjoyed the content. Let me know if there's a Landlord topic you would like for me to cover in the future.
Im in the defense lol
@@EvanVandegrift Do you mean to say that you are the Defendant?
Correct
I sued tenants who left my house dirty and didn’t take anything as if they were running out in the middle of the night. I had to go to court to apply for eviction. They weren’t there however because they were tenants they could come and go anytime they wanted and since there’s no fire or emergent reason to go into the property I had to give them time to respond to the court. After a couple months the court agreed they left the house however, I still couldn’t dispose of their property for another three months, tenants absolutely win in a landlord tenant case even with a month to month lease. If we disposed of their property they could come back and say they had expensive property when they obviously didn’t, take many pictures that’s all you have to protect yourself. It matters not that I’m losing money that could be made with new tenants, electric water none of these things couldn’t be suspended so it’s a lose lose for the landlord.
Did your lease contain an abandonment clause? If not, you may want to consider this for future rentals.
All landlords should be put in prison
If all landlords were in prison, then all tenants would be on the street.
No, cause then we just could have free property and everyone would be happy. We wouldn’t need some imaginary system of real estate to be managed by middle men realtors, landlords and the attorneys that protect them.
@eatsbugs4577 , that's not how title works. Just because someone goes to jail doesn't mean they lose their property. Their friends and family would get it before strangers, and homelessness would be rampant. Besides, if landlords couldn't exist, there would just be fewer homes, not free ones.
Yikes! It’s crazy to me these defendants continue to appeal. The defendant didn’t pay rent for 9+ months. What’s his argument. So tired of people like this.
Well, by virtue of law, the tenant has a right to appeal. Sometimes, even multiple times: ruclips.net/video/5rGYFFuQ-34/видео.html
Appealing is law
I love this. Great video.
Thanks.
Great video
Thanks so much!
That hair!!! OMG
I don't do fashion reviews, just court stuff.
Is she a lawyer?
Nope
Award for awkward
This is a great example of someone who can't take a super obvious hint!
Good grief - what a disaster
I'm just glad none of my early court appearances were caught on video.
😬
LOL thanks for your videos@@LandlordAttorney
@@johnjacobsen1915 You're very welcome
The amount of craps that landlords have to go through just to get a non paying tenant out of his property makes no sense.
Awwe did somebody have to follow the law?
Some call it due process, but I agree that certain jurisdictions make due process a little too complicated for a procedure that should be pretty straightforward.
@LandlordAttorney You can not have due if there isn't anything we're confused about.
1) We have already verified ownership of the property.
2) On court date, the tenant admits that she DID NOT pay rent and DID NOT deposit it in escrow.
What are we due processing? Let's just admit that there's a war against landlords in this country.
@@jeanlenor1858 so you want the government to be able to take money from people whenever they want?
@@teagancombest6049 What are you even saying? You're not making any sense.
Great video !! Thanks a lot ❤️
Glad you liked it!
Good video sir. It's hard to believe a landlord could be that lame. The landlord and defendant has to show up with the evidance everytime their called , to make the case. I know this is just common sense. She had a nice judge. I would have grilled her. Lucky lady.
Agreed. He let her off the hook pretty easily.
I've inherited a home recently. The eviction case has been ongoing for 15 months and I have a trial coming up in a month. The tenant is pro se and representing herself. At the pre trial hearing she was told by the judge that she needs to find counsel for trial next month. As of now she still has no counsel. This tenant is evil, living rent free for 17 months, $30,000 in unpaid rent. She has no respect for a grieving family, taxes and bills are piling up and I need a resolution at the trial. 🙏🙏
Eviction trials can get quite complicated. Have you had your case reviewed by a licensed attorney in your jurisdiction? That would be a good step in the right direction. It would be a shame if somehow you were forced to start over due to a technical error. If you are in a Texas Court, I'd be happy to offer our services.
You might benefit from a 30-minute consultation with us. The fee is $199. To set this up, feel free to call our office at 832-305-7694 or click here to book your own appointment online: lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney Good Morning Ernie, Thanks for your response.
I have an attorney that has been handling the case. Honestly I am not very happy with how things have been handled and there's been less communication over the last 4 months. It's too late to hire another attorney as the trial is in a month. Unfortunately the laws here in MA work in favor of the tenant. 😢
I see. Generally, if you are represented by legal counsel, it is best to seek her advice. Best of luck to you.
What is fiat in eviction appeal in county court
"fiat"?
Next time please play the video! Geez!!!
No problem