In most states they don't have Constables, Constables are pretty unique to Texas and Canada. Here in Virginia it is the Sheriffs Department. Only in the smallest counties does the Sheriff actually do it himself. In most counties it is delegated to a single deputy and he decides how many people he will need to actually put them out. It is normally 10 days after the notice is served.
That sounds terrible, but there's something politically advantageous to giving constituents free stuff, especially when it belongs to someone else. It reminds me of all of the ridiculous covid concessions that lingered way longer than necessary.
Yes sir. The city live in gave her a lawyer for Free🥳 .After the 7th filing in court for eviction , I won. Over 40k in lost rent and lawyer payments. Not including 12k to fix a very trashed unit. HAPPY HAPPY JOY JOY 😭
Hi Ernie thanks for all you share with us newbie landlords. I notice in your eviction videos you haven't mention when in the eviction due to non payment of rent where to we file for unpaid utilities or any damage which exceeds the security deposit. FL LL Thanks again.
I generally speak from a Texas perspective. In Texas, a landlord can not request unpaid fees for utilities, property damage, late fees, etc. These must be requested in a separate civil lawsuit. The law in Texas limits landlords in evictions to an award for possession of the property, unpaid rent, court costs, and attorney fees, if applicable.
@@LandlordAttorney oh okay it makes sense. lol I have all these paperwork and I wasn't sure when do I file for these. I spoke with a " pre paid attorney" and he wasn't clear enough for me. Thanks again and Happy Holidays.
In SC you have to file separately, a judgement. I had tenants move out w/o notice a year ago. They will not let me file the judgements unless I know the tenants current address. Despite that there's a law that they have to provide their new address, they didn't. They also never had their mail forwarded, so using the Address Service Reqest didn't work. I've been searching the internet for this past year hoping to find the address. Last week I found the address. Next week I'm filing. They brought 2 puppies into the house, lots of damage, carpet replaced, subfloors repaired.
Hey Ernie, Why is it so hard to evict a tenant in Illinois? I spoke to an attorney who informed me that the eviction process in Illinois can go on between 6 months to 1 year and the tenant is already owing me 3 months.
Hello sir, can you please do a video in the near future explaining the tenant provision in: Tex. Prop. Code § 24.006(c)? Particularly, the part that mentions "prevailing tenants are NOT required to give Notice in order to claim Attorney Fees" What notice and to whom, is Texas referring to? Notice as in an Agreed Order or the lease? And does it mean tenants dont need to notify the Landlord or notify the court? Ive asked other Lawyers, but they dont believe this rule exists or they say the law states "A Landlord doesnt need to give notice", which is obviously not true. Yes, I always hear people say "Texas eviction laws favor Landlords", but with states hiding these small but powerful clauses that can potentially be a gold mine for the tenant and their lawyer (should the lawyer come across a rare case where the tenant prevails), isn't it really "prevailing tenants are the ones that states favor, not Landlords"?
I started off representing tenants, and I won attorney fees on behalf of my tenant the very first time I attended an eviction trial. Here is that video: ruclips.net/video/ZADzQXqJoWk/видео.html As for the code provision you cite, this is there in the event that the lease itself doesn't otherwise grant reasonable and necessary attorney fees to the prevailing party (which woud constitute, not only notice, but agreement). When there is an oral lease or a lease that is silent on attorney fees, a Landlord seeking attorney fees in an eviction is REQUIRED to send a 10-day notice as described in the code. However, if the tenant prevails in this situation (or any eviction based on a lease with an attorney fee award included), the tenant can potentially recover attorney fees from their landlord without written notice to the Landlord of this intention (just like I did for my very first tenant client). However, any award of attorney fees is always a matter of the discretion of the court. I've seen judges deny or lower attorney fees for prevailing landlords and prevailing tenants. Unfortunately, in practice, nothing in the law is absolute.
The timeline for starting the eviction process over will totally depend on the reason you're starting over. If your Notice to Vacate was defective, then you'll need to issue proper notice. However, if you filed improperly but your notice remains valid, you may not have to issue a new notice. Just file the eviction over. If you are unsure in your case, you'll want to seek out legal counsel who practices in your jurisdiction before proceeding.
Understood. Thank you for the prompt reply and simple answer. I have retained an attorney as I’m in the state of NY and it’s a holdover proceeding where the previous tenant refuses to leave. After 14 years of no rent or responsibilities, you’d think they’d accept the free ride being over however I believe it emboldened them as I learned they put the previous owner through a foreclosure during the recession of 09
Hey Ernie, wanted to ask you a follow up question. The investment property I purchased via foreclosure auction has been occupied by a former tenant for over a decade. No rent has been paid in all those years and the property has a number of health and safety violations. I’m moving forward with the eviction. My question is, is it reasonable to assume a judge would take this into consideration as abuse for the reasons I stated above as well previous notices to vacate which were not complied with?
@@reggierobinson842 I'm not sure what you mean by abuse. Essentially, this person does not appear to have the right to remain on the property. However, they may be convinced that they own it. These cases can get complicated over so many years. If you still have an attorney on this matter, naturally, I would point you to them as the best source being that they are licensed to practice in those courts and would know what things judges there find acceptable in eviction matters.
In Texas, that first appeal results in a Trial de Novo, which means that the whole thing starts over in a higher court. Nothing from the Justice of the Peace trial really has much of any effect on the County Court trial on appeal. This means that, no matter who filed the appeal, The Plaintiff (landlord) and the Defendant (Tenant) stay the same in both trial courts. The second appeal, goes to an actual court of review, which is not a trial court but a panel of judges who review what happened in the lower court. On the second appeal, there is no Plaintiff/Defffendant. It's Appellant/Appellee (depending on who filed it). The Texas Court of appeals doesn't review the facts of the case as much as it decides whether the law was applied approriately by the County Court.
If the tenant filed an appeal inability to pay but has not submitted money to the registry and the case has been assigned to the county court on day 5 of the appeal. Which court gives the write of possession?
@Fernando-xl2sf Generally, the tenant who appeals like this has a specific deadline to pay into the Court's registry. If that date passes, the Landlord has a small window to request the Writ of Possession from the Justice of the Peace, but once the case has been shipped to the County Court, the procedure is more complicated. The landlord will have to file a Motion for Immediate Writ of Possession and set a hearing with the new court, hopefully ahead of the new trial. It's possible but more cumbersome. I'd recommend doing this ASAP, as January will likely also go unpaid.
As all attorneys in our Law Firm are only licensed in Texas, we will not be able to guide you through NY eviction laws. We'd recommend reaching out to a Landlord/Tenant attorney in your area and seek their advice. Best of luck to you.
What about paid utilities that landlord pays can you shut them off untill repairs can be made when they have not paid rent or utilities with no rental agreement people are squators
this is what is wrong with America today the simple fact that as a tenant if u appeal to county court and u pay your rent into the court register on time every month until trial date and the possibility of still getting thrown out even tho u paid everything that you owe is pathetic
@chadbaker7091 The judgment for eviction is partially about what is owed, but it is also about whether the tenant was in breach at the time the landlord served the tenant with notice to vacate. The reason it makes sense to evict is because the tenant violated the lease such that the landlord terminated it. The fact that no money is currently owed may not change the landlord's mind that the tenant should continue being trusted with possession.
It's one of the best channels out there. Thank you for all the knowledge.
Thanks so much
In most states they don't have Constables, Constables are pretty unique to Texas and Canada.
Here in Virginia it is the Sheriffs Department. Only in the smallest counties does the Sheriff actually do it himself. In most counties it is delegated to a single deputy and he decides how many people he will need to actually put them out. It is normally 10 days after the notice is served.
Thanks for your insight.
Why would the court system let the tenant stay in a unit and not pay. I live in California and the tenant has not paid rent for nine months 😢😢
That sounds terrible, but there's something politically advantageous to giving constituents free stuff, especially when it belongs to someone else. It reminds me of all of the ridiculous covid concessions that lingered way longer than necessary.
Have you started the eviction process? Given 3 day notice?
Yes sir. The city live in gave her a lawyer for Free🥳 .After the 7th filing in court for eviction , I won. Over 40k in lost rent and lawyer payments. Not including 12k to fix a very trashed unit. HAPPY HAPPY JOY JOY 😭
Great knowledge guy's. Thank you from outside Philly.
Appreciate it.
Hi Ernie thanks for all you share with us newbie landlords. I notice in your eviction videos you haven't mention when in the eviction due to non payment of rent where to we file for unpaid utilities or any damage which exceeds the security deposit. FL LL Thanks again.
I generally speak from a Texas perspective. In Texas, a landlord can not request unpaid fees for utilities, property damage, late fees, etc. These must be requested in a separate civil lawsuit.
The law in Texas limits landlords in evictions to an award for possession of the property, unpaid rent, court costs, and attorney fees, if applicable.
@@LandlordAttorney oh okay it makes sense. lol I have all these paperwork and I wasn't sure when do I file for these. I spoke with a " pre paid attorney" and he wasn't clear enough for me. Thanks again and Happy Holidays.
@@january0123456789 You're welcome. Happy New Year!
In SC you have to file separately, a judgement. I had tenants move out w/o notice a year ago. They will not let me file the judgements unless I know the tenants current address. Despite that there's a law that they have to provide their new address, they didn't. They also never had their mail forwarded, so using the Address Service Reqest didn't work. I've been searching the internet for this past year hoping to find the address. Last week I found the address. Next week I'm filing. They brought 2 puppies into the house, lots of damage, carpet replaced, subfloors repaired.
Hey Ernie, Why is it so hard to evict a tenant in Illinois? I spoke to an attorney who informed me that the eviction process in Illinois can go on between 6 months to 1 year and the tenant is already owing me 3 months.
That's a question for your state legislators and the governor. I know that eviction laws vary from state to state, but that sounds excessive.
wow! I am going through the same thing in New York.
Hello, thank you for this informative video.
Glad it was helpful!
Hello sir, can you please do a video in the near future explaining the tenant provision in: Tex. Prop. Code § 24.006(c)?
Particularly, the part that mentions "prevailing tenants are NOT required to give Notice in order to claim Attorney Fees"
What notice and to whom, is Texas referring to? Notice as in an Agreed Order or the lease? And does it mean tenants dont need to notify the Landlord or notify the court?
Ive asked other Lawyers, but they dont believe this rule exists or they say the law states "A Landlord doesnt need to give notice", which is obviously not true.
Yes, I always hear people say "Texas eviction laws favor Landlords", but with states hiding these small but powerful clauses that can potentially be a gold mine for the tenant and their lawyer (should the lawyer come across a rare case where the tenant prevails), isn't it really "prevailing tenants are the ones that states favor, not Landlords"?
I started off representing tenants, and I won attorney fees on behalf of my tenant the very first time I attended an eviction trial. Here is that video:
ruclips.net/video/ZADzQXqJoWk/видео.html
As for the code provision you cite, this is there in the event that the lease itself doesn't otherwise grant reasonable and necessary attorney fees to the prevailing party (which woud constitute, not only notice, but agreement). When there is an oral lease or a lease that is silent on attorney fees, a Landlord seeking attorney fees in an eviction is REQUIRED to send a 10-day notice as described in the code. However, if the tenant prevails in this situation (or any eviction based on a lease with an attorney fee award included), the tenant can potentially recover attorney fees from their landlord without written notice to the Landlord of this intention (just like I did for my very first tenant client).
However, any award of attorney fees is always a matter of the discretion of the court. I've seen judges deny or lower attorney fees for prevailing landlords and prevailing tenants. Unfortunately, in practice, nothing in the law is absolute.
Hi Ernie, when you state you may have to start over, does that include reserving initial 30/60/90 day NTV?
Thanks
The timeline for starting the eviction process over will totally depend on the reason you're starting over. If your Notice to Vacate was defective, then you'll need to issue proper notice. However, if you filed improperly but your notice remains valid, you may not have to issue a new notice. Just file the eviction over. If you are unsure in your case, you'll want to seek out legal counsel who practices in your jurisdiction before proceeding.
Understood. Thank you for the prompt reply and simple answer. I have retained an attorney as I’m in the state of NY and it’s a holdover proceeding where the previous tenant refuses to leave. After 14 years of no rent or responsibilities, you’d think they’d accept the free ride being over however I believe it emboldened them as I learned they put the previous owner through a foreclosure during the recession of 09
Hey Ernie, wanted to ask you a follow up question. The investment property I purchased via foreclosure auction has been occupied by a former tenant for over a decade. No rent has been paid in all those years and the property has a number of health and safety violations. I’m moving forward with the eviction. My question is, is it reasonable to assume a judge would take this into consideration as abuse for the reasons I stated above as well previous notices to vacate which were not complied with?
@@reggierobinson842 I'm not sure what you mean by abuse. Essentially, this person does not appear to have the right to remain on the property. However, they may be convinced that they own it. These cases can get complicated over so many years. If you still have an attorney on this matter, naturally, I would point you to them as the best source being that they are licensed to practice in those courts and would know what things judges there find acceptable in eviction matters.
When the tenant files appeal inability to pay the court then calls them Appellant does that now make them the Plaintiff?
In Texas, that first appeal results in a Trial de Novo, which means that the whole thing starts over in a higher court. Nothing from the Justice of the Peace trial really has much of any effect on the County Court trial on appeal. This means that, no matter who filed the appeal, The Plaintiff (landlord) and the Defendant (Tenant) stay the same in both trial courts.
The second appeal, goes to an actual court of review, which is not a trial court but a panel of judges who review what happened in the lower court. On the second appeal, there is no Plaintiff/Defffendant. It's Appellant/Appellee (depending on who filed it). The Texas Court of appeals doesn't review the facts of the case as much as it decides whether the law was applied approriately by the County Court.
If the tenant filed an appeal inability to pay but has not submitted money to the registry and the case has been assigned to the county court on day 5 of the appeal.
Which court gives the write of possession?
@Fernando-xl2sf Generally, the tenant who appeals like this has a specific deadline to pay into the Court's registry. If that date passes, the Landlord has a small window to request the Writ of Possession from the Justice of the Peace, but once the case has been shipped to the County Court, the procedure is more complicated. The landlord will have to file a Motion for Immediate Writ of Possession and set a hearing with the new court, hopefully ahead of the new trial. It's possible but more cumbersome. I'd recommend doing this ASAP, as January will likely also go unpaid.
In N.Y it's been two years. No rent received. Show csosf show cause. 4 times. Got a judgement.. June 23. No rent received 2 yrs. Need help.
As all attorneys in our Law Firm are only licensed in Texas, we will not be able to guide you through NY eviction laws. We'd recommend reaching out to a Landlord/Tenant attorney in your area and seek their advice. Best of luck to you.
It's heartbreaking. I am going through the same thing in NY. It's caused MAJOR anxiety & depression on my end.
@@tarawalton6778 I'm so sorry to hear that. It sounds terrible.
What is csosf
Merry christmas 😌
Happy holidays!
What about paid utilities that landlord pays can you shut them off untill repairs can be made when they have not paid rent or utilities with no rental agreement people are squators
@@TerryHAYS-h5z Why would you be making repairs for squatters? As for shutting off utilities, that's generally not allowed.
this is what is wrong with America today the simple fact that as a tenant
if u
appeal to county court and u
pay your rent into the court register on time every month until trial date and the possibility of still getting thrown out even tho u paid everything that you owe is pathetic
@chadbaker7091 The judgment for eviction is partially about what is owed, but it is also about whether the tenant was in breach at the time the landlord served the tenant with notice to vacate. The reason it makes sense to evict is because the tenant violated the lease such that the landlord terminated it. The fact that no money is currently owed may not change the landlord's mind that the tenant should continue being trusted with possession.