Hi Mr. Garcia Great video and lesson!!! I have a rental property in Troy, Michigan. The lease ended on 7/31/2022. The tenant did not move out and neither pay rent and utilities since last August (6 month since 8/1/2022). We are in the process of eviction. We serviced a Notice to Quit on 9/15/2022. Attorney filed court eviction on 10/20/2022. Pretrial on 11/23/2022 and bench trial on 11/30/2022. They reached a conditional dismissal that tenant to vacate the premises on or before 12/16/2022. Signed by Judge. The tenant did not move out by 12/16/2022. My attorney filed reinstatement on 12/20/2002. Judge signed Judgement of Possession and order of eviction on 1/5/2023. But the court officer still not able to execute the order of eviction. The court officer receive the order on 1/10/2023, and posted a "48 hour notice" the tenant promised to move out by noon 1/14/2023 but didn't. The court allow the tenant to file a motion to stay on 1/13/2023. Judge denied the motion on 1/17/2023. The court again allow the tenant to file a motion for reconsideration on 1/19/2023. It is obviously the tenant is playing delay tactic game (actually since last July promised to move out almost 20 time). I would like to know if this lawful in Michigan since you did not mention in the video about the "motion" and second "Motion for reconsideration". How could this possible, and what the landlord could do with it? How long will this last? Thanks!!! Any advice is highly appreciated!!!
Well, as you appear to have counsel, my advice is always for a Landlord to confer with their attorney. Especially in a case outside of the State of Texas. As I am not licensed in Michigan, I am unfamiliar with your State's Eviction procedures. However, I do tend to remind Landlords that the Eviction process can be long, so one should take tenant promises with a grain of salt. Push forward with the Eviction anyway. If they move you can decide to Dismiss the case or not, but if they don't move, at least you can eventually use the courts to enforce your possession rights. Best of luck on this one.
@@LandlordAttorney Thanks Mr. Garcia for your reply. Hope we have attorneys like you in Michigan. I did contact my attorney. The district courts in Michigan don’t understand how motions challenging possession judgments in a summary proceeding effects landlord's ability to proceed. This usually results in the court issuing a de facto stay of proceedings as they will schedule the tenant’s motion for a date in the future and sit on your file until that motion is heard. It is not normal the court will allow tenant to file the second motion for reconsideration or appeal. It is totally up to the court what they do and let the tenant to get away with it to play the delay tactic game. It seems patently unfair to allow a non-paying tenant or terminated tenant to continue to occupy your property at your expense while this proceeding gets delayed. Hope the Law change to more reasonable. Thanks anyway!.
Updates. The court is totally on the tenant's side even all the motions and appeal are denied or dismissed. Consulted with an attorney, the answer is: "obviously this situation is outside the “norm” of a landlord-tenant summary proceeding. I understand it is frustrating for you to wait this long, but once the case is in the court process, you are at the mercy of the court". Is this the legal system in the US? No justice and fairness?
More updates: Finally, Order of Eviction was executed by Court officer on 2/14/2023 and recover possession of property to Landlord. Total costs to the landlord, 1, Rent Remaining unpaid (since 8/1/2022): $13,173.31. 2. Unpaid Water (Final Water Bill): $2267.88; 3. Damages to Property (Inspection report): TBD; 4. Eviction Costs (Court fee & Court Officer Eviction cost: Invoice): $1961.75; 5. Attorney & Court Costs: $604.00, Totally $18K + Damage costs.....
Hi Ernie. Today is day 3 aftet serving 3 day quit. (Not pay or quit). It was served on Fri. So I count today as day 4 but you have to give the 3 full days. Tenant said he isn't going anywhere. Now what do I do?
What can a tenant do when the landlord enters the property Without any notification to them before the sherriff executes a writ of possession and changes the locks and attempts to move tenants possessions?
Depends on a number of factors. Is this commercial or residential property? What does the lease allow? By "attempts to move," do you mean didn't actually move anything?
Hi Attorney Garcia, My tenant filed bankruptcy 5 days before the eviction judgement. Then I can't file writt of possession and receive from court the NOTICE OF INTENTION TO DISMISS FOR TANT OF PROSECUTION. The hearing is scheduled on 12/16/2022. Please advise what I should do as the lease is expired on 06/30/2022. Thanks
You probably need to contact a Bankruptcy attorney to make sure the rent debt is included in the Bankruptcy and/or to see what can be done to lift the stay in Bankruptcy to allow you to proceed with the Eviction.
Yes. You can continue to issue notice, even during the eviction process. This may serve as supporting evidence of your claim, but it cannot be the only evidence.
You mentioned in order to have successful eviction, you must have a copies or receipts of the payments, but she mostly pay tru zelle. I just simply want to evict my tenant due to expired lease and few months behind rent
My friend is in NYC and she has 1 holdover tenant and two people who weren’t on the lease who don’t want to leave after the lease end. How does she get her deposit back? Landlord doesn’t want to acknowledge the lease end.
I have a tenant with expired lease since April, she’s not planning to move out anytime soon, she missed a few months rent. Can I evict a tenant with simply because her lease has been expired? And how many days of notice to vacate she’s entitled? I am confused with the notice to vacate.
@@LandlordAttorney yes I just went to court this morning deadline is Monday , the clerk said if his payment don’t go through Tuesday 0700 I could get a writ of possession . Thank you Sir I listen to your videos all night😄
I got the writ of possession, the police placed the 24 notice and the tenets moved the furniture.but they still have electricity and cameras on. The house is empty, what Do you recommend me to do the police have to many cases on front of me,
Generally speaking, in Texas, once the tenant is judicially evicted and a Writ of Possession is exercised, the Landlord is not responsible for the Tenant’s personal property. So, if the Tenant vacated and removed all personal property, you are free to resume possession of the Premises.
Tenant moved in May and defaulted the month-to-month agreement. First she moved her boyfriend in the very next month. I handed them both a letter stating SHE ALONE is on the agreement. He is still there. Also there is no smoking allowed in the home. They both smoke constantly inside. I smell it when I take the mail back there to them. I also have given them a warning regarding that issue. In September I posted a 30 day notice to vacate by October.. she cussed me out and told me that she's not moving out to take her to court and get an eviction. They harass me with their words. They pay me whenever they feel like it don't pay any late fees and DON'T have intentions of doing so.
@Cecilia Tate As I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction procedure in your state, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your case with them. Best of luck to you!
Hi there Mr. Garcia, I have a question. Can I evict a tenant even if the have requested rental assistance in Texas ? Or should I wait until they get an answer ?
Ana, this depends on your facts. As part of your agreement, some agencies have you sign a document stating that you will refrain from filing an Eviction against this tenant for a specific amount of time. You can keep the Eviction rolling until you know the Tenant has been approved and you will receive funds. Of course, once you get funding, promptly move to have the case dismissed and the record sealed as stipulated in your agreement with the Rent Relief agency.
Good advise. I should have proceeded with eviction, I was trusting my tenant would receive funds but I’m not sure that’s going to workout for her. There seems to be a lot of fraud within the system.
@@LandlordAttorney bull shit. You just want to further rape the owners. People, you all need to be crafty. There are hundreds of ways to make tenants fear you and want to leave. If they think you're crazy and dangerous then they will get out on their own.
Great info! Occupant---- Lost the right, as in the FEDERAL court removes your bogus contract for deed, because it is as fake as its author. I am suggesting to the squatters to: Get a U-Haul and move, kindly. Thanks.
Go inside ransack the place, leave everything destroyed. Knock down 7:43 the walls. Pour skunk scent everywhere. In other words, destroy the house. Then blame everything on the squatters.
Does a Writ of Possession have to be filed after a 3 day notice to vacate if the tenant is renting a room out in the landlords house in which the Landlord currently lives in?
Muchas gracias por todas las explicaciones excelentes que usted nos da muchas da. 🙏 👍
De nada. Me alegro de poder ayudar.
Nobody's going to mention that Sweaty Ernie was sweating? Seriously? 🤣
I wondered if anybody noticed. The outdoor setting only occasionally works for me. This might be where good video editing might come in really handy.
Your seriously giving him greif for Sweating in Texas in June
Interesante información. Gracias. Dios lo bendiga.
¡Te apreciamos!
Hi Mr. Garcia Great video and lesson!!! I have a rental property in Troy, Michigan.
The lease ended on 7/31/2022. The tenant did not move out and neither pay rent and utilities since last August (6 month since 8/1/2022). We are in the process of eviction.
We serviced a Notice to Quit on 9/15/2022. Attorney filed court eviction on 10/20/2022.
Pretrial on 11/23/2022 and bench trial on 11/30/2022. They reached a conditional dismissal that tenant to vacate the premises on or before 12/16/2022. Signed by Judge.
The tenant did not move out by 12/16/2022. My attorney filed reinstatement on 12/20/2002.
Judge signed Judgement of Possession and order of eviction on 1/5/2023. But the court officer still not able to execute the order of eviction.
The court officer receive the order on 1/10/2023, and posted a "48 hour notice" the tenant promised to move out by noon 1/14/2023 but didn't.
The court allow the tenant to file a motion to stay on 1/13/2023. Judge denied the motion on 1/17/2023. The court again allow the tenant to file a motion for reconsideration on 1/19/2023.
It is obviously the tenant is playing delay tactic game (actually since last July promised to move out almost 20 time). I would like to know if this lawful in Michigan since you did not mention in the video about the "motion" and second "Motion for reconsideration". How could this possible, and what the landlord could do with it? How long will this last? Thanks!!!
Any advice is highly appreciated!!!
Well, as you appear to have counsel, my advice is always for a Landlord to confer with their attorney. Especially in a case outside of the State of Texas. As I am not licensed in Michigan, I am unfamiliar with your State's Eviction procedures. However, I do tend to remind Landlords that the Eviction process can be long, so one should take tenant promises with a grain of salt. Push forward with the Eviction anyway. If they move you can decide to Dismiss the case or not, but if they don't move, at least you can eventually use the courts to enforce your possession rights. Best of luck on this one.
@@LandlordAttorney Thanks Mr. Garcia for your reply. Hope we have attorneys like you in Michigan. I did contact my attorney. The district courts in Michigan don’t understand how motions challenging possession judgments in a summary proceeding effects landlord's ability to proceed. This usually results in the court issuing a de facto stay of proceedings as they will schedule the tenant’s motion for a date in the future and sit on your file until that motion is heard. It is not normal the court will allow tenant to file the second motion for reconsideration or appeal. It is totally up to the court what they do and let the tenant to get away with it to play the delay tactic game. It seems patently unfair to allow a non-paying tenant or terminated tenant to continue to occupy your property at your expense while this proceeding gets delayed. Hope the Law change to more reasonable. Thanks anyway!.
Updates. The court is totally on the tenant's side even all the motions and appeal are denied or dismissed. Consulted with an attorney, the answer is: "obviously this situation is outside the “norm” of a landlord-tenant summary proceeding. I understand it is frustrating for you to wait this long, but once the case is in the court process, you are at the mercy of the court". Is this the legal system in the US? No justice and fairness?
More updates: Finally, Order of Eviction was executed by Court officer on 2/14/2023 and recover possession of property to Landlord. Total costs to the landlord, 1, Rent Remaining unpaid (since 8/1/2022): $13,173.31. 2. Unpaid Water (Final Water Bill): $2267.88; 3. Damages to Property (Inspection report): TBD;
4. Eviction Costs (Court fee & Court Officer Eviction cost: Invoice): $1961.75; 5. Attorney & Court Costs: $604.00, Totally $18K + Damage costs.....
@@jiabindai2906 Yikes 🫣
Hi Ernie. Today is day 3 aftet serving 3 day quit. (Not pay or quit). It was served on Fri. So I count today as day 4 but you have to give the 3 full days. Tenant said he isn't going anywhere. Now what do I do?
Are you in Texas? I'd say, proceed with filing your Eviction Petition in the court.
What can a tenant do when the landlord enters the property Without any notification to them before the sherriff executes a writ of possession and changes the locks and attempts to move tenants possessions?
Depends on a number of factors. Is this commercial or residential property? What does the lease allow? By "attempts to move," do you mean didn't actually move anything?
I generally feel landlord has no right
Unless the court rules in your favor.
Not just that, but the judgment has to be final, and, in Texas anyway, the court has to sign, issue, and execute a Writ of Possession first.
Hi Attorney Garcia,
My tenant filed bankruptcy 5 days before the eviction judgement. Then I can't file writt of possession and receive from court the NOTICE OF INTENTION TO DISMISS FOR TANT OF PROSECUTION. The hearing is scheduled on 12/16/2022. Please advise what I should do as the lease is expired on 06/30/2022. Thanks
You probably need to contact a Bankruptcy attorney to make sure the rent debt is included in the Bankruptcy and/or to see what can be done to lift the stay in Bankruptcy to allow you to proceed with the Eviction.
Can I give notice of violation while the eviction case is going to be filed or if the case is in the process
Yes. You can continue to issue notice, even during the eviction process. This may serve as supporting evidence of your claim, but it cannot be the only evidence.
Landlord should be prepared if tenant files 'Writ of Staying Possession'..
Is that an option outside of Texas? It's not something a Texas landlord would have to plan for.
I own my home There is no No contract whatsoever can I Is evictim
Did they ever pay rent or ever pay anything? You would be surprised what might constitute a contract.
You mentioned in order to have successful eviction, you must have a copies or receipts of the payments, but she mostly pay tru zelle. I just simply want to evict my tenant due to expired lease and few months behind rent
You're Zelle records can serve as your ledger. It should also provide a digital receipt for the tenant.
My friend is in NYC and she has 1 holdover tenant and two people who weren’t on the lease who don’t want to leave after the lease end. How does she get her deposit back? Landlord doesn’t want to acknowledge the lease end.
I'm licensed exclusively in Texas. I'm not familiar enough with NY law to say for sure.
I have a tenant with expired lease since April, she’s not planning to move out anytime soon, she missed a few months rent. Can I evict a tenant with simply because her lease has been expired? And how many days of notice to vacate she’s entitled? I am confused with the notice to vacate.
Is your rental in Texas?
Need assistance with breech of commercial property on behalf
No rent paid for a year but loads of excuse not sure what next
Which state?
About how long, generally, does it take, after the writ of possession is filed, for the constables to post that 24 notice?
In Harris County, Texas, we tend to see a 2 to 3 week turnaround.
@@LandlordAttorney
:( longer than we wanted to wait but thanks for the info
@@thinkaboutit..ministries yep...said it before, this frustrating system seems to favor tenants to stay as long as possible.......
Hello Sir
So I can’t file a writ of possession because the Tenant filed an appeal (Paupers )?
Hello Maria. Is this case in Texas?
@@LandlordAttorney yes Sir, he’s always looking for ways not to leave we’re in fort bend county
@@mariahinguillo1955, does the Tenant have an obligation to pay rent into the Court's registry? If so, what is his deadline for this payment?
@@LandlordAttorney yes I just went to court this morning deadline is Monday , the clerk said if his payment don’t go through Tuesday 0700 I could get a writ of possession . Thank you Sir I listen to your videos all night😄
I got the writ of possession, the police placed the 24 notice and the tenets moved the furniture.but they still have electricity and cameras on. The house is empty, what Do you recommend me to do the police have to many cases on front of me,
Generally speaking, in Texas, once the tenant is judicially evicted and a Writ of Possession is exercised, the Landlord is not responsible for the Tenant’s personal property. So, if the Tenant vacated and removed all personal property, you are free to resume possession of the Premises.
Tenant moved in May and defaulted the month-to-month agreement. First she moved her boyfriend in the very next month. I handed them both a letter stating SHE ALONE is on the agreement. He is still there. Also there is no smoking allowed in the home. They both smoke constantly inside. I smell it when I take the mail back there to them. I also have given them a warning regarding that issue. In September I posted a 30 day notice to vacate by October.. she cussed me out and told me that she's not moving out to take her to court and get an eviction. They harass me with their words. They pay me whenever they feel like it don't pay any late fees and DON'T have intentions of doing so.
Is this in Texas? If so, you can start the eviction process. Please feel free to reach out if you need help lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney Hi. I live in Pomona California. L.A. county. I was told the law says I can't evict until January and it might get postponed
@Cecilia Tate As I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction procedure in your state, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your case with them. Best of luck to you!
Hi there Mr. Garcia, I have a question. Can I evict a tenant even if the have requested rental assistance in Texas ? Or should I wait until they get an answer ?
Ana, this depends on your facts. As part of your agreement, some agencies have you sign a document stating that you will refrain from filing an Eviction against this tenant for a specific amount of time. You can keep the Eviction rolling until you know the Tenant has been approved and you will receive funds. Of course, once you get funding, promptly move to have the case dismissed and the record sealed as stipulated in your agreement with the Rent Relief agency.
Good advise. I should have proceeded with eviction, I was trusting my tenant would receive funds but I’m not sure that’s going to workout for her. There seems to be a lot of fraud within the system.
wow...the system really favors tenants (squatters) to stay rent-free as long as possible...disappointing.
This is why it helps to have someone in your corner who knows the rules and the way around them.
@@LandlordAttorney bull shit. You just want to further rape the owners. People, you all need to be crafty. There are hundreds of ways to make tenants fear you and want to leave. If they think you're crazy and dangerous then they will get out on their own.
Great info!
Occupant----
Lost the right, as in the FEDERAL court removes your bogus contract for deed, because it is as fake as its author.
I am suggesting to the squatters to:
Get a U-Haul and move, kindly.
Thanks.
Go inside ransack the place, leave everything destroyed. Knock down 7:43 the walls. Pour skunk scent everywhere. In other words, destroy the house. Then blame everything on the squatters.
Does a Writ of Possession have to be filed after a 3 day notice to vacate if the tenant is renting a room out in the landlords house in which the Landlord currently lives in?
In Texas, the Writ of Possession can be purchased once the Tenant's window for appeal has closed.