When the Eviction court is your only option
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- Опубликовано: 9 дек 2020
- Generally speaking, when a guest sleeps over at your home, you have a reasonable expectation that the visit will end, and that guest will return to their home. However, sometimes when a guest is "crashing at your place for a little while." you find yourself in the odd situation where the guest simply decides to stay.
Other times, you have welcomed a person into your home, even for an extended period, but now you want them out. As the owner of the home or the only person who signed the lease to reside there, what are your rights to demand possession from some guest of yours who doesn't pay rent, bills, or who doesn't contribute in any way?
Is this even a Landlord/Tenant matter? You might be surprised to find out, Yes. Not only is it a Landlord/Tenant matter, but the guest has many of the same rights of a Tenant under the Texas Property Code. If you're in a situation like this, getting rid of a long-term guest may be a little more complicated that you may have thought at first.
Connect with Ernie at attorneyeg.com/eviction.html
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For a Blog post all about Filing Evictions: • Filing for Eviction
"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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Word to the wise: Don’t ever let anyone stay. JUST SAY NO!!
Sometimes it works out fine and they leave after paying rent for a long time. It depends on the person's situation.
Agreed. I learned that the hard way, which is why I am watching this video.
I never will again! I'm living a nightmare!
I have to agree!! I let an ex stay in my home just out of the kindness of my heart and now I'm in a legal position that prevents me from even being in my own home. So now IM technically homeless and he gets to enjoy all the fruits of the labor that I PUT INTO THE PROPERTY . As Donnaploss said, just say NO!
Only in America... you need court to 'hopefully' kick someone out. Everywhere else, just pack their shit and change locks.
Right? How he hell is it not a crime on their part to just stay in someone's house and keep living for free! If you break into a business its burglary, bit people break into houses and they instantly have rights! WTF!!!!
True story. My father past away 15 years ago and his brother, "Uncle Chuck" attended the funeral. Since he was from out of town, he stayed in my parents home while attending. Well, four months later, "Uncle Chuck" was still living in my parents home. I asked my mother why and she said that she did not want to upset my fathers side of family by asking him to leave and "Uncle Chuck" was looking for another place to live. One day, I get a call from my Aunt (from my mother's side) saying she thinks my mother is in danger due to "Uncle Chuck's" odd behavior. I live in another state two hours away, that night at approximately 4:am I drove to my parents house arriving around 6:am. To 'Uncle Chuck's" credit he was an early riser. I grabbed all of his belongings and "Uncle Chuck" by the back of his collar and threw them both in my car. I dropped him off at his sister's house about 15 minutes away. After I yanked him out of my car and threw this items on the ground I looked him straight in his eyes and told him 'never darken the door step of my parents house again'. Problem solved. I do not recommend this tactic.
Nothing I'd ever recommend, but it was certainly an interesting story.
Your my favorite
Dang Everyone needs a bad ass like you in there family that dont take no shit! Thats what Im talking about! More men need to stand up and be men not 🥭 help people with situations like this . Its Bs and Im proud of you for taking out the free loading squatter Trash. There is Hope .
Hes your uncles wtf let him live there
My name is Chuck and I'm here to Fuu - ollow up with you, and let you know, I will not be darkening any doorways that you may be associated with sir.
What I learned from this video don’t let anyone move in with you especially if they are without a place to live. If you own property and need work done hire someone who is bonded. If people are facing homelessness they can become desperate and will be aggressive.
This is a tricky situation. Certainly, not all situations like this will go badly, but if you're intention is a short-term stay, and especially if this is someone you do not know well, you really should consider putting your friend up in a motel or hotel where you can pay cash. This way, if they overstay, they have to come up with their own payments. Otherwise, if you welcome someone to stay in your home for free, be prepared to have a difficult conversation and to move toward Eviction if they do not recognize when they have worn out their welcome.
@@LandlordAttorney this is *so hard core* Yowza!!
I need help
True, happened to me.
This is our scenario. My brother came to “wash laundry” over a year ago and ended up staying and bringing his girlfriends daughter with him. I live in Arizona and we just tried to file notice to vacate and eviction after, the judge threw it out this morning saying it was filed incorrectly. I need help with the correct steps to remove him immediately. He has never paid rent, there is no tenant agreement, it is my house, and he refuses to leave.
I am licensed in Texas, but you may want to contact the State Bar Association of Arizona for a listing of any Landlord/Tenant attorneys in your area who might be able to assist you with your specific filing.
🤣🤣🤣
Five months now, since you're asking this relevant query/question. I've owned houses to rent, apartments, TX., mainly but 1 in PA., and Arizona (2) for years.
If filed "incorrectly" no difference, from TX., NJ, NC, TO CALI,to AZ., you're going to lose, on that alone.Then the person would have to start all over again, so good luck." I'm hoping by now, it's all taken care of. Also, those who usually show up with a paid attorney, or even a great Legal Aid licensed lawyer, 8x out of 10 WIN.(I've seen this up close and personal)they're good. So, you gotta make sure you know what you're doing, if already had it tossed out, in the tenant favor." Even as a LL i know, TENANT have way more rights, than a landlord."
This didnt help me allot ...He got evicted? after all. Only info i got at the end was to seek legal help.
@@LandlordAttorney o
I’m not letting anyone stay at our home.
hey do you live in vegas? hows everyone feeling about lake meed going dry? i hear lake meed is at an all time low
Yes, this was what I was looking for! You have answered all of my questions. Thank you!
Glad to hear it. You are very welcome!
I just filed on my 19 year old grandson. It about broke my heart ever since the pandemic I'll let him stay there but it's time for him to go see doesn't work he doesn't contribute to the bills and I'm a single woman divorced trying just to make my way. I don't know what to do. We still live in the same house.
I know that is a hard choice to make and I feel your pain. You were nice enough to open your home up to him which was very generous considering the housing market availablity. Rising costs of living. He seems ungrateful l and entitled . This is your life your home. No one should take advantage of your generousity. Its a shame family will be the first to take advantage of you. Unfortunately. Speak: " Say this isnt working" , It time for you to find somewhere else to live! " I cant support both of us on what I make . Wait for his response. .... Accept no Excuses or Laziness. Tell him he has 2 weeks. And you excpect him to leave. Say no more and walk away. Also enlist family to back you on this and get your Peace back woman 🤗🙏😇
Damn all u americans care only about money and not about family
THANK you so much for this information. My 68 yo brother moved in with "3 months left to live". He began immediately to hoard trash such as the wet mattresses he found, refrigerators. I posted a 3 day & then a 21-day notice. He hired an attorney who said "she had NO RIGHT" to evict my client as he never lived there." I have him on RING camera at all hours & he called 911 regarding the move. Anyway, I hired a sharp attorney. A mess.
I'm glad to hear you have legal counsel. Things get tricky when the opposing side has an Attorney. It's better to have someone in your corner who is knowledgeable in Landlord/Tenant Law. Best of luck to you!
@@LandlordAttorney interesting interesting advice Ernie. How does one know if a lawyer is knowledgeable of these things. It's like hiring a new cook if you own a restaurant how do you know he's knowledgeable.?? I hired an attorney a year and a half after a contractor hired to fix up and paint my late mother's apartment when she died two years before. Well this contractor did a little work then he ends up living there bringing in his girlfriend, girlfriend's son bringing in his 17 year old unmarried teenager with a baby.. and this teenager brings in her father undercover without my knowledge. they say oh we'll work something out and pay you the rent while he does repairs. Well they only gave me a few hundred dollars here and there and stayed 18 months. Two of them are undocumented. Even my progressive, Democratic friends to call ice because they're taking advantage of a compassionate elderly person. Instead of them being grateful that I'm helping them they've done this. They're stealing electricity they brought an air conditioners while I'm using a fan downstairs. They have such nerve so disrespectful I thought immigrants a little bit more grateful than that and they show it but these people think I owe them a living. My folks used to sweat equity to have this three family house and now people stealing abusing me destroying property flooding the kitchen and the living room. The eviction moratorium is over in New York. Now there's over 200,000 cases in housing court. I guess I'd die from old age at 71 years old or commit suicide because I was stupid enough to help people. I took them to court 2019. So right before the moratorium they all moved out except for Roberto Madrid.. and he was arrogant enough to tell me he's done this with two other landlords.. playing the victim I guess.. well I hired a law firm on Skimmerhorn Street in Brooklyn.nyc.. These squatters came and claimed in court that I was renting rooms in this six room, 3 bedroom apartment. But this is one extended family. Whenever I asked for some money to pay my utilities heat and other expenses they always pass the buck to another member of the family so how could I be renting rooms if they're one extended family.. My lawyers weren't even savvy enough to tell the judge that they are one family. So the judge reprimanded me threatening to make this 55-year-old building a rent stabilized housing arrangement. Talking about fascism housing court is so pro tenant they play games with us landlords which I inherited few years ago when my sister died from a deep vein thrombosis. Some of the writers here say it's not good to be helping people you never know the evil side. I guess I'll never learn Ernie I've been a housing activist and almost activists since the late seventies. And I helped at least 18 homeless people the past 10 years when my sister died. But they did leave when I asked them to except for the contractor John sneaking in these other family members. Well they all got out by the judges deadline for 28th 2020.. But Roberto Madrid the main con artist was saved with this eviction moratorium coming to New York March 16th 2020.. yes Roberto is still here causing more damage leaks stealing lighting fixtures fumbling around with electric fixtures.. sneaking in an air conditioner that's constantly blowing fuses.. how could I get this evil person out once and for all? New York is such a cruel City to us Good Samaritans trying to help people and then you get burned by City fascist rules.. I feel suicide is the only way out by the time get heard in court
@@georgeplagianos6487, unfortunately, as I am only licensed in Texas, I cannot speak on NY law or good legal practice in NY. You probably want to talk to an attorney who has handled similar situations to yours and who can provide a legal option to resolve this problem for you. There's no doubt that the Covid Moratorium has made life difficult, but I'm sure there is a solution out there for you. Best of luck!
Yeah. Don't help people. Let a friend move in who gave me the whole they broke no where to go spill. Flew this person down on my dime. Moved them and their stuff in. Total nightmare. Broke the shower. Almost burned my house down. Almost got a woman bit by my dog. Told them we would give it a month see how it's been. Hasn't been 8 days yet. Already told them to find other arrangements. We got into it. Long story short still here. About to have a conversation if they found anything yet and will be telling them 2 weeks. Turns out they have money. They legit been ordering delivery while I'm at work. Haven't accepted any money from them. They ARE not a roommate or paying rent. It's my house.
Yikes. I really hate hearing stories of people like this. They take advantage of kindness. I hope you're able to get them out quickly. Good luck.
Give em a 30 day notice then in thirty days give them 3 days notice ....line in the sand GET OUT. then go file eviction
Your video makes me feel comfortable, even if I can't really kick my relative out.
I'm glad you like our content. Thank you for commenting!
You made it easy enuff for me to evict a friend who needs to leave... thus will no longer be considered a friend anymore. Thank you for this video six months later guests got to go.... you rock. Socks it cost me $135.00 but I'm sure it will be worth it.
I'm glad it all has worked out for you and thank you for watching our videos. It makes me feel so good when I learn that people found our content helpful.
Evictions at cheap. They don't have to cost a lot but you have to do them legally and right.
What are y’all talking about just put their shit outside and tell them to leave what’s is wrong with y’all
Thank you for the information very helpful
Thank you for watching. I'm so glad you've found our content helpful.
THANK YOU FOR THIS INFORMATION I THANK YOU SO MUCH
You're very welcome! I'm glad you liked it.
Great job explaining. Ernie.
Thanks so much for that.
Thank you! Looking to become a landlord in the near future
Great, and thank you for watching!
Thanks brother
Thank you for watching.
Very helpful!
I'm glad you've found our content helpful.
Frankly....what a F*@%ing nightmare!!!! Im from CA which has very strict tenant law, so not only have I experienced this (I let a pratically homeless guy move into my home as a favor to his boss, a guy I did business with) but its gut wrenching to think about the nightmare that can be visited on someone being kind and another person TAKING ADVANTAGE of that kindness.
Yeah, it's a real thing, and it's terrible.
Ernie you’re right on time! This happened to me last week. But in this twist,I had a bad sec8 tenant. He moved there in 9/2019. And tried to bring his relative in about that time. I caught him and reported him. 2020 after renewing his contract/ lease he tried it again. I reported it. Sec8 claimed they would verify it. They said she didn’t comply but it basically was my problem. I had my lawyer contact them & document the issue in 2021. To my surprise 3/01/2022 I requested a final walk thru & return of keys 2x, w/ him& his social worker no one returned calls. I went over there 2 my surprise the relative was there. Cops told me it was a civil matter despite me since day 1 never giving permission and sec8 aiding in this fraud. 3 day notice just given by my evictions attorney. What’s my odds of having this bum out in a timely manner. Thanks. But in CT.
Well, fortunately, you have counsel. I can't really say much about CT court procedure, but I wish you the best of luck!
No one "stays" in my home....period....
Hello I have a question. I own a rental property in Harris County and I had a bad experience with tenants but they have finally been evicted. Due to the eviction laws and everything I don’t want to do long term rental and I would like to do short term rental on my property using Airbnb. If someone refuses to leave my Airbnb do I need to go through the eviction process? Or can I just call the cops? Thanks
I imagine that your contract with AirB&B would address the procedure for a guest who overstays, but short term rentals are not subject to residency, so Eviction is not likely required.
I’m in this situation I had to file with a lawyer and he said the “lawsuit” will be in the sheriffs hands last week. I am hoping to remove this person next week
Best of luck to you. I hope it works out.
@@LandlordAttorney thanks for responding. I’m in Florida. Yea this person refuses to leave and is actually endangering my life. I’m on Home Dialysis. And I’ve tried to be a good person and help someone out. But that I have learned is somebody else’s Job ( pointing at you God)
Hey I purchased a property from family which has some living in it. Well I've noticed them that I now own the property and would not honor previous owners agreement to allow them to live there for free and need them to vacate the property. I've even sent a notice of acknowledgement and eviction notice sent with return receipt it was signed to get the letter although they did sign the acknowledgement letter agreeing to stay until 30 days. Will the tenant at will apply in this case and can I now have them served with notice to move per magistrate in NC?
2 things:
Firstly, as I am only licensed to practice law in the State of Texas, I am unfamiliar with the 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.
Secondly, your ability to show that your notice was effective is going to depend on the substance of that notice, which is why it's important to seek adequate legal advice. Best of luck!
Hello! Thank you for your tutorials!
Could you advise- I have one SFHome in PA on the market for rental, my very first.
Could you tell me what is a reasonable and maximum amount of time for the tenant to have a guest staying in the house?
Is it reasonable to request that the tenant tells me before inviting a guest to come stay?
That sounds like it might be a PA specific answer that I'm unable to give you all the way from Texas.
So, my situation is I have a guest in my unit in Houston that refuses to leave although she was notified to vacate on Feb. 27th of this month. She still remains on the property. I told her that the lease will be terminated on May 2nd, she told me via text message that she won’t remain in the unit for another 30 days. But I have been receiving email complaints from the apt. About noise disturbances. I am no longer there and have already informed the landlord that I left in Feb. she does have access to the unit, she took all keys and have been sending threatening text messages to my phone about what would happen if I were to return to the unit. The landlord said that they can’t do anything, and so did the police. I filed a police report on yesterday. This pertains to stolen property (keys) and also an additional person occupying the unit. They did nothing. I pay everything because I’m required to keep electricity and water until the final date that the lease is up. What happens from here? I am so lost right now....
This is a complicated situation. I would need to see your written lease and the communication between you and this tenant. If you would like to book a consultation, please call 832-305-7694 or click here:
lawofficeoferniegarcia.as.me/
I have a question and I've never seen it here before if the renter leaves before your court date and the place is empty they do not give you the key can you go in and change the locks to protect your house
Yes, probably. If they have moved everything out and left nothing, they're very likely gone. If you've already sent a notice to vacate, this is their compliance with that notice. Take possession and change the locks. If they've left stuff behind, it's a little trickier.
A guest shouldn't need to be evicted since they are A GUEST? Not a tenant.
If you do not have a formal agreement with a guest, they are not your tenants. However, in Texas, any guest that remains on the Premises for seven or more days in any given month without written permission from the Landlord can be considered as an unauthorized occupant; that's why, to evict a guest one may have to send a Notice to Vacate (as if they would send it to a Tenant).
What if they don't pay rent
I'm not in Texas but this applies to me
I’m presently in a living situation where I am staying with a friend first on his couch I paid 20 a day then others moved out and he told us we would be more comfortable in the room so we chose the upper floor it’s me and my husband and son now we find out this man is an extreme drug user and has a serious temper and mental issues we didn’t foresee them and he is strong arming us daily for more and more money I have paid over 1000 for sleeping on a couch in less than a month! He’s extorting us harasses us so that we can not even conduct buisness as we repair appliances he’s always screaming at the top of his lungs and it’s to make you feel on edge so that you will give in to his demands so he can get high, we would love to move but it is next to impossible because we end up giving in just to get him to stop the slamming of doors and walls at all hours of the night and we walk around on eggshells and I’m stuck here he keeps us broke like a trafficking person would a working girl, intimidate us so we pay and hold it over our heads knowing our situation of being homeless on the street smh I want to charge him with anything just to get the man help because it’s apparently needed please help
Ryan, is this property in Texas and do you have a written Lease in place? If so, does it entitle you to terminate your tenancy early? You may want to consider state authorities' or charity organizations' help. It sounds like it is not safe for you to reside there.
What is the minimum notice period required to evict a live-in caregiver in WA State?
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!
I have the same problem with my ex. Let him stay for a couple of days and now he got fired from his job and refused to leave. He drinks and smoke weed daily and when he is drunk verbally abuses me. We had a physical altercation and I end up going to jail because he said I started the fight even though we both had bruises. He tried to call the police to take me out of my house and they refused. I filled eviction papers and we going to court tomorrow.…. A real nightmare
Wow! Best of luck to you. Let me know if you were successful in court. I hope you get your property back soon.
how did it go I'm getting ready to start the eviction process with the ex of mine
how did it go?
@@JL-th1nb He got evicted. Judgement was in my favor. I will never do that again. Feel so relief…..
What if you just allowed someone to sleep over for one night, say, because they drank too much on New Year's eve and won't leave? Just curious because one of my tenants does this type of thing a lot and I'm worried one day this could happen to her
This is the risk we take when we allow people into our homes. The law assumes if a person calls a place home, they are allowed to defend their right to remain in their home. Unfortunately, people take advantage of this.
Live in Texas have an at will tenant under eviction process and he decides to bring a guest on to my property. What can I do about that? Court hearing is this week.
The guest is subject to the same Eviction as the Tenant. If you can evict the tenant, all of his/her guests are evicted too.
Do you know if the same laws apply in state of Delaware
Jennifer, I'm afraid I wouldn't know, but I'm sure there's a good landlord attorney in Delaware who could answer your legal questions. Best of luck!
It’s not illegal to lie. You can say that the property is due for demolition.
It is illegal to lie.
Squat on a squatter
My friend is renting a house in Katy. She had a guess come down to stay because he helped her move down from Illinois. It has been 35 days now and she wants him to leave. He said that he doesn't have to leave because he had his mail sent there
She needs to begin the Eviction process with a 3-day Notice to Vacate.
I have a month to month tenant I evicted her for breaking the lease the way she did is she got her power & water cut off did not tell me & in return her neighbor water was not working for 3days I had to spend time & money to fix that. The neighbors water was not working due to a shared well. Once tenant was served she filed answer now we go court next week is having the utilities shut off breaking her lease? I plan on bringing the neighbors testify that they were wo water due to my tenant. Very bad right?
I find it difficult to discuss your options knowing as little about you lease, your lawsuit, and these facts as I do. I know that shutting off utilities to a Tenant in Texas is definitely against the law. Is your property in Texas?
@@LandlordAttorneythe tenant shut off the utilities, not the landlord.
This affected another tenant because the water supply was shared.
thank you very much for explaining this. It's hard to believe that our beloved Texas would allow this shenanigans. We need to have something which I'll call: "Good Samaritan Law" where Texans can offer to help others in terms of housing them for a short time and yet *never have to jeopardize their own home and family for doing so* . This whole law is contrary to spirit of generosity in Texas. This law *punishes those who seek to help others* and that is insane.
I think the root of this is actually to protect partners in romantic situations from being tossed out, but there really should be limits to these situations.
What if I let a tenant at will stay with me for 1 year 1/2 and then all of a sudden they start working and start paying Bills without an agreement or lease everything was ok until recently a couple days ago (its now been 4 years by the way) and now all of a sudden I don't want this person here living with me because it's not working out between me and him... can I still evict this person as a tenant at will for the fact I have no contract or agreement with this person to stay just because now he pays rent and bills???
This is where things get really sticky. We start talking about Quasi-contracts or Implied Contracts...yikes. However, it will also come down to a shouting match of "No I didn't" met very quickly by a "Yes, you did." I would suggest a 30-day Notice to Terminate the Tenancy delivered in writing and placed in the Tenant's hand. Follow that up with a 3-day Notice to vacate if they are still there on day 31. Good luck!
@@LandlordAttorney Could a Text messages work? What If I texted the tenant and he knew about it? Will a text message served as wrtiten notice?
What if the tenant moves 2 unauthorized guests in without your knowledge? And you didn't authorize them to stay? I found out my tenant moved 2 people in a few weeks ago and they refuse to leave. How do I approach this?
That will depend on what your lease states. Is your tenant limited to having only those people named as occupants on the lease? If so, you might be able to Evict for Unauthorized occupants.
What to do if my tenant brings in a family without my consent and ignores my request that they have to leave.
If this is in Texas, you should proceed with the Notice to Vacate.
No rent agreement never , ı allowed to stay a family member( far relative lıke step aunt ) , ı gıve her 30 days legal offıcıal notice after 30 days notıce what should ı do if she does not leave my property . Should ı go where to apply to the court ? and how many days later she must leave generally ?
If you are in Texas, you are required to give a 3-day notice to vacate. It must be in writing. If you have to file for eviction, you will be unable to demand rent, but you can demand possession of the property, which, in this case, is your own property.
Great video. Here's my situation, I let a friend move in with me to escape an abusive relationship and her plan was to just stay a few months and it's been a year now. Prices of utilities have skyrocketed and she refuses to pay her half and gave me $50 on a $400 electric bill and says "I was only here x amount of days this month so here's "my half"" and her cat stays here and I have to take care of it and all of her stuff is here and her cat has damaged the carpet in my spare bedroom and refuses to have it fixed. Her name is not on the lease and the landlord knows she's here. Its put a strain on my relationship as my girlfriend wants to move in and is waiting on her to leave. I'm in Georgia.
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!
My parents and I are having issues with a family member that refuses to leave , it's so bad that it has gotten to the point of him threatening us and getting into physical altercations with me. He doesn't pay rent , and there never seemed to be a solid agreement over rent or any contributions on his part towards the house. What could I do in my case? I live in Texas btw.
If you are unsure if there was a rental agreement or not, but you are sure that there was no written lease, you can send a 30-day Notice of Termination. If the family member is still there, send a 3-day Notice to Vacate and begin the Eviction process. Good luck!
@@LandlordAttorney Thank you so much for the fast reply, it really does help!
if the person no tenant agreement and no pay rent ,no nothıng ,30 days notice and then ı do not understand what it means 3 days do we need to court for that or wıthout court .Could you explaın what and how 3 days work .
@@celaltus9758, the 30-day Notice is a Notice of Termination. After the 30 days, if the Tenant is still there, the Tenant is now in violation as a Holdover Tenant. At that point, you would deliver a 3-day Notice to Vacate for holdover.
@@LandlordAttorney Hello I have a question my daughter moved into a rooming house in 2013 ..she signed the lease ,Then the original landlord left .New landlord step in in 2015 he never gave her a lease,Renewd her lease nothin he even raised her rent ..Nothing in wrighting ..she lost her job due to the pandemic But applied for back rent payment .He record the payment owed to him Now because other roommates withheld there rent he wants everyone our,His reasoning He wants to rent to a family...not roomies anymore What are her legal rights..?
What to do when aperson, want leave he's not on my lease, he doesn't pay any rent.he has been here 5 years I've asked him to leave,so many times,says he not going anywhere. What do I do
Depends. Is this a domestic partnership of some sort? If so, this may involve Family Law matters, which should be discussed with a Family Law attorney. If not, you may simply be able to issue a 30-day Notice of Termination. This will likely appear to the court as the most reasonable course, especially after 5 years. Is this a Texas residency?
Hello, Im seperating from a long term relationship but not married. The house and everything is under my name. He agreed to move out at the end of March and had stop paying any bills so he can save up and move. Issue is, he has horrible credit due to his decisions and now expects to live in my house, with my kids until someone is willing to rent to him. Hes become aggressive and i called the cops and got the case number. I live in GA and have filed the eviction and I'm now set to go to court May '22. What do you recommend me to take to court? He is coming and going , using up all my water, electric, gas, and I can't do anything about it. I really need him out asap and would like the courts to rule that way so I need to know what to say or take? I also have my mother moving in next month and he is taking up her room and he knows it.
Marisela, unfortunately, as I am only licensed in Texas, I am unable to counsel you on GA Eviction laws. I recommend contacting the GA state bar for a recommendation for a Landlord/tenant attorney. Best of luck to you.
I work with the church helping those who are referred needing temporary housing. I've been doing this act of service for many years.
Usually a guest is brought into my home with a verbal and text message agreement to contribute the amount that they can afford to stay temporarily while various aids of support is given during their transitioning.
I am currently faced with some one for the first time who is not contributing and has not in 6 months and is refusingto leave my home.
Six months ago I ask them to fine other arrangements. Three months ago I gave them a deadline verbal and text November 30th.
They are still here.
I'd been out of the home physically because of treatment for breast cancer in June. Since I've been back home November 30th due to my illness I truly feel unsafe in my own home because of the lack of empathy shown and their focus on them remaining inside of my home by any means necessary.
I have had too many conversations in various ways about her leaving but she refuses to move.
Where do I stand? What action do I take? I'm a bit unclear moving forward.
The first issue is whether or not a lease exists. Did this person agree to pay rent in exchange for the right to stay, if so, there is a lease, even if it is only oral. This fact is important because it may affect the kind of written notice you need to deliver to make this Eviction the most effective.
Yes via text we agreed she would pay to stay. She has not kept that part up for months now.
@@darisesanker6022, if there was originally a lease agreement, you will have to terminate that lease with a 30-day Notice of Lease Termination in order to avoid any possible eviction Moratorium claim. While she is in default for non-payment of rent, the CDC Eviction Moratorium will prevent an eviction for unpaid rent. It would not prevent an eviction based on holdover (staying after a lease has terminated).
A home was signed over to me via a special warranty deed, let call the orig owner Peewee. Peewee signed over the deed and now is refusing to move out, I allowed him to stay a few months in order to get him time to find another place to live. It’s now been two years and still refusing to move out. Would this be treated as a longterm guest or a month-to-month tenant? This is in Bexar County, SATX
The Tenant's status as a tenant at will or a tenant by contract depends entirely on your agreement. Did you agree to allow this person to stay in exchange for them to do or pay something? If so, you have a lease agreement. If not, you have a guest. However, your best bet is still probably to send a 30-day Notice of Termination of Tenancy. If that doesn't work, send a 3-day Notice to Vacate for Holdover. Thereafter, begin the eviction process.
@@LandlordAttorney Thank you for the advice.
I have a tenant on a 1 year lease who has let her mother come over for a few days but 6 month later her mother is still here. When I ask about the mother bring her the tenant said her mom has her Own house she is just helping her with her 5kids is this a long term tenant?
It depends on your Lease. Does it allow long term guests? What is considered a "long term"? Does it require the Tenant to notify the Landlord of such a guest?
Live in Texas what reason should I list on the lawsuit paperwork for at will tenant
You are still required to give a 3-day notice to vacate. You have to personally place the notice in their hand to be able to evict them, unless you have an adequate way to deliver the notice to them by US Mail. If you need help with the eviction process, please feel free to reach out lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney Thanks. Can you cut off utilities to an at will tenant? Would internet be considered a utility
@Farmer Robert you cannot deny any tenant a utility, but internet is not a utility. However, if they pay for internet, you should not shut it off. For an At-will tenant, they never have and were never expected to pay rent or to do anything of value in exchange for a place to stay. If someone was expected to pay rent or to do some task, then that person is a tenant on a lease, even if they never compiled. If the tenant is in breach, that breach must be featured in the Notice to Vacate and in the Eviction lawsuit.
Hi , I Was Needing Some Advice So Ive Been Living With My Boyfriend For About 3 Years Now & Before I Moved Into His House I Didnt move In Because I Needed Somewhere To Stay He Asked Me To Move In So I Could Be On The Lease Years Go By I Never Signed The Lease Because He Was Waiting To Renew , All That Time I Was Paying Most Of The Utilities & Gave Him Money For Rent That Apparently He Sometimes Turned In & Never Signed The Money Orders & Now Hes Telling Me This Year He Renewed The Lease, He Doesn't Want The Relationship Anymore & That He Wants Me Out Is This Legal Because I'm Not On The Lease ? Or Would It Be Considered Implied Contract ? I Really Need Help Or Advice Because I Put A Lot Into What I Feel Like Was A Sold Dream & He Just Gets To Get Away With It
Brianna, if you are in Texas, there is a possibility that your boyfriend's Lease disallows him to sublet this house. If that is the case, the Landlord, after certain legal procedures, can file an eviction suit against both of you.
However, if you have an agreement with your boyfriend to pay rent. You have an oral lease agreement, and your boyfriend is subject to the same requirements of the Texas Property Code as any Landlord. A formal Notice to Vacate (with a valid basis) would need to be served on you in writing, and a formal eviction would be needed for your boyfriend to legally remove you from the house. It will probably be safer to leave to avoid an eviction being on your record.
@@LandlordAttorney Hi, Again Okaay , Do You Know Where There Would Be Anyway To Get My $ Back Or Anything? I Really Feel Like Hes Getting Away With Lying & Using My $ To Keep Up This House & I Am In Virginia
*channels inner Oprah* You get a tenancy! And you get a tenancy! And you get a tenancy!
My question is let’s say I live in PA or NJ and my friend and I are both on the lease. Let’s say my friend stops paying. Now what? Can I get the landlord to kick her out and keep me so I can find another roommate? It’s very hard being single. I can’t live with family as they are crazy.
That might be something you can work out with the Landlord, but your roommate would likely also have to agree to it. In Texas, a Landlord is required to remove all tenants and occupants in an Eviction. I couldn't tell you whether, in some other state, a Landlord is allowed to evict one tenant and keep the other.
Justine. wow. thanks for sharing that. So, you're knowing some 1 in TX whose brother lie, (involving mom wishes to let another son live there, he paying taxes all expensive utilities, caring for the property)now the older bro want him out, that's a shame, but, the best thing is, judge did not evict, (immediate)or at all, i think you said it was dismissed. I love to hear that. He seem shady. I hope the other sibling sue him,for doing that. Can't be filing fictitious papers to the court. If he had agreement with mom, than that is what it is. Thanks for sharing that.
@@CassieDylan-xk6jk I'm agreeing that if a family member(parent)say child of adult age can live there, for a certain period, another sister or brother trying to go against the parent wishes, with a (real of fake poa)just can't over-ride that, regarding a parent wishes. Oral agreement is binding, in all states, i know, and have family in. Good for Tx Judge in the storyJustine was sharing here tonight. Good for those who were able to (not become evicted) JUSTINE thanks for sharing that.G-night.
@@CassieDylan-xk6jk Thank you. EVA also thanks. (Yea)that one is out of Texas, he did not have to be evicted, just tossed it out so quick, and the younger brother[ mom gave him legal oral permission]to remain, til'he find a place, with a Realtor, and that should be by at least spring April, or end of May. Judge agreed, even without mom there." But, he had on tape few discussions with mom. Mom is also going to be removing her eldest crooked son(from P.O.A.) so that's a good thing."He sneaky, as she would've never filed court eviction against her own child." She is going to be OK, when she is back around the "normal good kids." The eldest son did this "against her wishess."JUDGE admonish him for that."
In my case I as a Landlord did not allow him on my property when his mother was renting from me. Her tenancy will be up at the end of February and her idiot son was begging me to rent my property to him. But he hasn't even answered my screening questions. He is a jail bird who likes to beat on women and I already made up my mind to not rent to him and give him 30 days to remove all of his mother's stuff when the month to month rent rolls over during March. I've been really upset over this because it is hard telling what he will do since he kicked in a door and physically attacked his girl friend. He is just a dirt bag that needs to rot in jail. I live in Indiana
Good luck, friend. Keep pressing until he's gone, and, if he tries to drag things out, seek legal counsel in your area to get rid of him ASAP
@@LandlordAttorney Thanks. I will do that. Now I won't have to do an Internet search.
What happens if someone comes to your house to stay for the holidays and just decides to stay?
Unfortunately, they may establish residency, and the only way to remove them is through an Eviction.
@@LandlordAttorney Can one use AB&B type agreements to ensure they leave on time, even if no rent payment involved?
Hi I have ila question I hope you answered I live in my brother house I was paying rent he lost the house and moved to another state I still ln that house he lost after he moved I was no paying rent anymore so the question is went or how the Bank or whoever owns the house now is going to notify me to leave the house
If you are in Texas, the new owner of the house can terminate your tenancy with a written Notice of Termination. They can do this with a 30-day notice. After that notice is properly delivered, the new owner can send you a 3-day Notice to Vacate if you remain on the premises beyond the 30-day limit in the Termination Notice. Thereafter they can file for eviction. For your protection, you should either vacate the peroperty before the eviction starts, or, try negotiating with the new owner to sign a Lease so you can reside in the house in exchange for rent.
Thanks for clarifying my steps. 3 day notice for houseguests who won't leave after I asked them to go 8 months ago. I had been trying to fill out eviction paperwork, but he found it while snooping thru my desk, and now he's threatening to sue me for $1 million if I file the paperwork. This will cost me my house and put me out on the street. How is this allowed to happen?
@@victoryamartin9773 Why would he sue you for a million dollars? How does that make any sense? People often make threats like this when they are about to be sued, but they usually have no basis. You may want to make an appointment with an attorney. If you're in Texas, feel free to call us at 832-305-7694 or click here: https//lawofficeoferniegarcia.as.me/schedule.php
Omgbso help ful
My friend that lives in Texas with her parents have her half sister and husband stay at her parents house that she also lives in, but they are meant to just be guests for a few weeks because they needed a place to stay right. But the husband is abusive and stuff and they just want them to leave but they aren’t willing to leave and they can’t do anything about that, do they just have to give them a proper 3 day vacate notice and if they don’t leave by then you can file for eviction? How long does that process take? Because they don’t feel safe in their own home but also not sure if they’re willing to tell the police that he is abusive. They just want him out as soon as possible, so what should they do?
If there is no lease, no agreement in place at all for them to stay, yes, a 3-day notice to vacate is needed first. Thereafter, if an eviction is filed, the process is about 30 to 45 days unless an appeal is file, which could extend things for an additional month or longer.
@@LandlordAttorney in the end they just decided to leave but it would be a good idea to still get it in case they come back, thank you for explaining all this. Only video I could find about it and got to the point.👍
Perfect, Montana.
Can you do this with a live in boyfriend in ga who refuse to leave
Probably, but you should consult a licensed attorney in GA who practices Landlord/Tenant Law to know which procedures to follow to get him removed properly.
Yep thank god after 5 months they left
Wow. That's a long couch surf.
I have a family member that we only agreed to 30 days. I gave her an additional 31 days so basically (2months) & now we are in the end of the 3rd month . How do I begin this process? I have asked her to leave no luck . Police says I have to evict her
Yeah, the Eviction process is your best bet here. Are you located in Texas?
Yes. Do I do the 3 day notice or the 30 day notice ?
How would you handle this situation? Starts out trying to help a friend. He asks if I would let him park trailer we agreed on 450 m and when he did work I would deduct from rent. He paid 3times. I had business another place. I left he stop paying. Covid-19 hit tying my hands. Now I find that he stole all my property items that where locked away. So should I file criminal theft? Or unpaid rent?
Both.
@@LandlordAttorney Any particular order
@@JamesDolatly, file the Criminal report ASAP. If the tenant is Criminally charged with theft, that claim can go a long way in proving your case for Eviction.
How do i evict someone who won't leave my deceased father's home? There was no lease and I have been appointed as administrator through court.
Was there some kind of rent agreement, or was this person simply a guest?
None that I'm aware. She needed a place to stay and he allowed it.
In Texas, if the Landlord does not have an agreement for rent with this person, they are still a tenant, but they are “Tenants at will.” The Landlord is required to give a 3-day notice to vacate. If the Tenants fail to move out, the Landlord can proceed with the eviction.
@@LandlordAttorney However, i know personally this does not happen always, if some one is residing at their parent's estate, and was there prior to the decendant(rip) passing, four people i personally know(2 of them) did not get evicted in NC, NJ or Texas.
Took a long time, 1/2 of year, for one, who finally found a place. Another person, was able to get it tossed out from day one(filled out wrong) and the other person, couldn't do anything, since he "forged mom name on the docs for court, premised on being fraudulently P.O.A., being still challenged as we speak by the baby sister, out of state.
So, these are trickier, i am learning, and the judge in tx presiding told one that "he did not have to leave the estate, because he was also "given legal authorization/permission from mom to reside, til' he find a place."(BOTH had an ORAL agreement, til' the older sibling(rushing to sell the property for "six months"want him out, even if he also was paying literally taxes on the large estate, and utilities,(thousands and thousands being there for 15 months, while he search for a home)Just wholly sided in TX., just a short 5 months ago with him."He, is still there, and judge said more on the fact he had an oral agreement w/mom.
Brother lied, on mom(to make it appear she said get him out)He had on a recording device, that mom and him had oral agreement."Good enough for the judge. It was (rightfully dismissed.)
So if a person's enters that is not supposed to be there, how do you evict if you don't know their name?
You can ask them their name in a written notice to them or simply sue them as "John Doe."
Hi there I have this same issue I let my friend stay and she won’t leave
Is this case in Texas? If so, feel free to schedule a consultation with us so that we can review your facts and help you get your property back lawofficeoferniegarcia.as.me/schedule.php.
I was very decent with of my tenant and let her in, she stayed in home and refused to move out and I'm in the eviction processing now... I will never be kind or trust any tenant!
Yeah. That's too bad. We try to help people, but some take advantage.
@@LandlordAttorney Thank you, Ernie for your hard work to make successful videos about tenant and landlord, I learned a lot from you and Texas is lucky state to have an attorney there!. I wish if we have a great attorney like you here in Michigan and in other states as well. God bless you!
thank you for your kind words.
I need HELP!! bought house off my grandmother , who is mocving out of the home and awarded me the house for a smaller amount of money than the appraised value of the home. my uncle has been staying with her for years, under no agreement to pay rent, no lease agreement , just under permission from the previous owner (my grandmother).and i need to clean the home because he destroyed the home in terms of clealiness, there staying willingly with no electric no water no heat???how do i go about evicting them? put a 3 day notice to vacate premises, then go downtown and file an eviction? is this a tenancy at will i donteven know were or who to go to to file the court order??
Whenever the tenancy is unclear, send a 30-day Notice of Termination. If there was an agreement, at best it is now a month-to-month agreement that can be terminated with a 30-day Notice. Thereafter, issue a 3-day Notice to Vacate for Holdover.
@@LandlordAttorney there was no written agreement, no lease , no payments no rent no nothing , the occupants have overstayed there welcome with previous owner ,I am the new owner , and I want them out ? The tenancy is clear , because I know the previous owner and the occupant they are family . I have the previous owner as witness that no agreements were made? What’s next step file for evict after the 3 day notice ? They have no grounds to prove tenancy other than mail .it seems they are tenants at will , I have put 3 day notice on door tomorrow is up , should I go file ? What do I file for in particular?
@@bestblackoutvideos are you in Texas? I'm only licensed in Texas, and, in my experience it's better to first terminate any potential lease than to wait for some bogus claim of an oral lease agreement later. Family cases tend to require these extra steps.
@@LandlordAttorney I’m in Cincinnati Ohio, I doubt he would even come to court ? I don’t think they would insist of an oral agreement. But I understand what you mean , it’s better to do the 30 days termination just in case of that , but I don’t think that will apply in my situation, I believe it is like you said a tenant at will , no agreement situation, in wich they have no proof of if they “did” . There literally living there as squatters no electricity no water , because they have nowhere else to go . I think I found what I need to do , I need to file a complaint form , in my case , apparently I have to attach a affidavit for Cares act ? Then pay for the filing of the complaint against defendants 135$ wait for the court to set a date , and then after they don’t show wich they won’t , even if they did Assuming I win the case ; wait an additional amount of time ,just to then fill out the writ of execution form ,so bailiff can set a time to set out , pay for that …. and then wait for them to set a date for setting them out , does that sound about right ?
I would recommend reaching out to an Attorney licensed in Ohio and seek their legal advice. Best of luck to you.
Does that also have to be done in Mississippi
As I am only licensed in Texas, I will not be able to counsel you on Mississippi laws. We recommend searching for a Landlord/Tenant attorney in your area. Best of luck to you.
@@LandlordAttorney thank you
I file an eviction on 8/25/2022 on my brother he’s been living with me for three years and he broke every agreement we had before moving in I did not have a written document on the agreement but now he’s trying to take over my house destroy my backyard with so many dogs and pigeons and I asked him to leave since March /01/2022 he’s refused.how many days or months does it take for the court to complete an eviction?
Depends on the State/county where you're located and whether he has any experience with Eviction in the past.
@@LandlordAttorney I’m in Florida / west palm beach
As I am only licensed in Texas, I am not able to guide you through Florida laws. We recommend serching for a Florida-based attorney. Best of luck to you.
Does this tenant at will law procedures apply in Minnesota
That's a good question for an attorney in Minnesota. My limit is Texas. Try reaching out to your local bar association for a Landlord/Tenant attorney.
Me and my girlfriend moved in a place in 2017 we split everything we still her but on bad terms now I erased the link by mistake to pay half the rent so just started giving her half in cash now its 2023 and now she said she can evict me because I have no proof I was paying is that possible??was on lease but she said they renewed the lease and I'm not on it even though I been paying half all this time
Is this in Texas? generally speking, you must have a copy of the Lease. Are you on the Lease? Have you disscussed this with the Landlord?
i m living at a friends house and have been for about 3 months.. , when i moved in i was only going to stay for a week or so and then we made the deal that i could stay here for the me cleaning the house that was my pay for my room and board.. well i went to help a friends mom that is sick for a few days came back to him shutting the door in my face and locking it.. i ended up calling the cops he had to let me back in... he threw some stuff of mine out my window and some out the front door he put trash in with all of my stuff and sodas and dog food water i had 3 computers one was coved in soda does not WORK anymore,, he has not said anything to about why he wanted me to leave but did tell the cops that i needed to move out cause i was in or getting in a relationship.. i have never lead him on and have told him that i did not want to be with him or anything in that matter.. I'm not in or getting in a relationship do i have any rights at all is there anything i can do??? he has not asked me to leave or handed me anything in wrighting that has asked me to... can he just put me on the streets just like that?
He probably can't just kick you out. In Texas, once you establish residency, you can only be removed by Eviction. However, the real question is, will you be safe? If not, you need to leave ASAP. If you will remain safe, you probably still need to plan an exit. This sounds like it might get worse over time.
i am getting my things packed and finding another place to live.. I'm use to his yelling about everything and his fits i don't want to leave anything here on the count he will tear it up and its all i got its not much but its mine i stay on the second floor and he is down stairs i have my room and a bathroom up here he has now taking things out of the kitchen like the food and things and moved them into his room i stay away from him but some how he finds reasons to yell at me @@LandlordAttorney
Sorry to hear that, but if you feel that it is not safe to keep residing there, you should probably find another place to stay.
My wife brother staying with us, and he jumped on her and he went to jail, we want him out she doesn't feel safe at home with him while I'm working
Is he staying with you for free, or did he agree to pay some amount of rent? Was anything signed? Is he still in jail? If he's in jail, does he have property left in your home? Finally, is this a matter in Texas?
Evicted 6 people from my Sisters home after she died. They refused to leave . So had to evict them. Judgment on Monday , they set three fires on each end and crawled up under the modular home in the middle on Tuesday night , papers served on Wed. And the police escorted off the property on Thursday morning . They then had Red Cross to pay for them to stay in a hotel. A month later the city declared it unsafe structure. Now the county is taking me to court to fix the house or demolish it . I’m selling the 5 acres of improved property as Is and the new owner can decide if the want to fix the house or not . What should I do about the court hearing in January to rule on the house
Is this proprty in Texas? If so, I would recommend scheduliing a consultation here lawofficeoferniegarcia.as.me/schedule.php Those questions cannot be answered until I review all documents.
What if you let someone stay a few days and they don't have a room and refuse to leave.
He's not on my lease and I told him he had to leave after 3 days and I have the messages
Either way, you have a Tenant at will. You can give this person a 3-day Notice to Vacate unless your jurisdiction requires something longer (your local eviction court should be able to tell you). An Eviction filing is going to be likely if this person refuses to move out as demanding in your Notice to Vacate.
@@ashtonmonaghan9960 just throw him out, f the court
My mom moved herself into my home after Harvey. There was a leak in her roof, (which the entire roof was replaced btw) now she says her reasoning for not going home is her kitchen! (Non of these things are MY responsibility) Everytime I bring up her leaving, she fakes an illness, paramedics are called, emergency room visits etc. I am EXHAUSTED! We never had a great relationship and her refusing to leave triggers me mentally. I am married with my own family and this affects my marriage as well. She's a hoarder and now hoards my guest room to the ceiling and all around. I have never charged my mom rent, had a lease or utilities because I thought and suggested it should go towards her own home. After 6 YEARS of this, I need her OUT asap! I'm unclear how the eviction process works, do I hand deliver her a written 30-day notice, wait the 30 days then give her a written 3-day notice to vacate, then go to the courts to get an eviction? I'm in Houston if that helps.
You may want to book a consultation with a licensed attorney. We would be happy to explain the process or handle the entire matter for you. You can call our office at 832-305-7694 or click here to book on our online calendar: lawofficeoferniegarcia.as.me/schedule.php
What type of law can cap rent increase also during times of inflation???
Some states have rent control laws, but that's not a majority, and even those laws can be worked around. Essentially, rent control is a factor of the market and what willing renters are willing to pay for a given unit. Unfortunately, inflation has a similar effect on the costs experienced by Landlords.
I have been TRYING to evict my ex boyfriend for 3 months now. Is this a normal timeline? BTW, I am in California.
The best approach would be to seek out a Landlord/tenant attorney licensed in California. Unfortunately, as I am not licensed in that state, I am unable to offer legal advice for Evictions there. Best of luck to you.
@@LandlordAttorney Yes, I already have one. He rarely replies. Thanks anyway.
I have a tenant who been paying me rent over a year but no rental agreement now I want to give him 30 day notice but he wont leave
If this rental unit is in Texas, we'll be happy to help. You may set up a 30-minute consultation with us. To schedule a consultation with the Attorney, call us at (832) 305-7694 or book online at: lawofficeoferniegarcia.as.me/schedule.php
No I live in reno nv
@David Goldsmith 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!
Hes running up my electric bill! Using my AC day and night! Im thinking of not paying and letting it get tuned off and go stay somewhere for a bit hoping he leaves...i live in the desert and its triple digits....up to 117
Turning off utilities is illegal in Texas, but you have options when it comes to eviction.
My Tenent left my condo after 3 years paying rent after 60 days notice before leaving he let a friend inside with her brother and his girlfriend now when 60 days donn they don’t want to leave’ I never met that people
If these people are there because the tenant allowed them in, the tenant is responsible. In Texas, I would sue the previous tenant for holding over after termination of the lease.
Can i just not pay my 600 dollar electric bill....the person i rented a bedroom to wont leave after i gave a 30day notice. He paid rent but it was a verbal agreement....now hes just locking himself in his room and shitting and pissing in containers and eventually comes out while um asleep to thriw in my trash cans! WTH! He has use of a bathroom!. Im so goddamn disgusted and on the verge if losing my freaking mind! Im in California. A screwed up state that protects people like him.
Unfortunately, I am unfamilliar with California eviction laws. You should probably reach out to an attorney in your area. Best of luck to you.
A brother stayed at my house in Austin Texas , he then brought the wife from Mexico I never charged them rent all they had to do was pay yearly taxes well he had a major heart attack and died about 13 years ago so I didn’t say anything they kept paying for the taxes about 5 years ago my ex sister-in-law remarried and brought the new husband to live with her at my house and quit paying taxes well of course I picked up on it I didn’t want to loose the property now I have a buyer who is very interested in buying this property but now she wants to turn around and sue me for trying to kick them out of the house !! Is there something legal that I can do ??? Thanks in advance
Nina, I may need a bit more information to say for sure, but based on what you have shared, you may serve her and her husband with a Notice to Vacate. Please feel free to reach out so we can help you and guide you through the procees. If you are interested, here is the link to book an appointment with me lawofficeoferniegarcia.as.me.
Thanks for responding… well they getting an eviction notice on Monday 🙏🏼 we will see how it goes ! Thanks again
Just say no. If someone is supposed to stay for a certain amount of time, and won't leave , before that happens, have a contract drawn up. Less headaches
That helps, but some folks don't honor written agreements either, especially when it's a friend or family member.
Could you help someone in NyC?
Unfortunately, as I'm only licensed in Texas, I'm not able to counsel you on NY laws. I'd recommend searching for a local Landlord/Tenant attorney and seek their advice. Best of luck to you.
So what if you went into a verbal agreement and the tenant asked you to not contact the property owner because they wanted to hide it and it said in the lease the tenant had 5 days to to tell his apartment property owners that someone was there and they break the lease? The person ask the friend to leave after taking weeks of payments with proof of transactions? The person who was allowed to stay wanted to do things the lawful way and the person changed theyre mind
P.s. the person gave a notice and asked another person who isn't staying but comes to check on the person staying with the tenant because the tenant has anger issues and changes they're minds about the situation on the daily
Could you evict the person based on physical and emotional issues you are are having? I’m trying to get my adult son out of my apartment. He has stolen from me and I’m physically and mentally not able to continue letting him take advantage of me like living for free in my apartment, giving him food, and other niceties.
In Texas, If you do not have an agreement for rent with this person, they are still a tenant, but they are your “Tenant at will.” You are still required to give a 3-day notice to vacate. It must be in writing. In this case, you have to personally place the notice in their hand to be able to evict them, unless you have an adequate way to deliver the notice to them by US Mail. If they fail to leave, file for eviction.
@@LandlordAttorney Thank you.
Don't feed him
My wife’s mother passed away her boyfriend won’t leave the home my wife just got awarded administrator over the estate how can she get him out of the home
Is this in Texas? Is the boyfriend claiming common law marriage and some kind of ownership right? Is he a beneficiary of the estate?
Once you get a 'guest' with no lease/rental agreement, they are not a 'tenant', they are just an unwelcome, overstaying they're welcome, "guest". At that point depending on where in the world you live, throw them out or get the 'law' to do it.
Correct - it depends on a part of the world where you reside. In Texas, you may have to go through the formal eviction process to do that.
I'm in Ontario Canada so I know the laws are different here province to province municipality to municipality I don't know about the States tho I lived there just not in my adult, renting life.
Need help to evict my dead beat set daughter.( she is literally destroying our lives).Mother agrees 100 % .What can I do state of Florida.
Are you in Texas?
I just kick them out, never had an issue. Not going thru the courts
Lucky you. For some people, unfortunately, it turns out to be much more complicated.
I an trying so hard to find the correct way to evict family member who has NEVER paid rent of ant kind since my husband and I along with his mother got a mortgage loan to purchase this home three years ago!! In specifically Arkansas. This is the least of it. They have stolen any and all things not nailed down. Taken over the entire house garage, everything
They have never paid a utility bill or ANY other bill here. They intimidate my elderly mother in law and have made it impossible to leave any product of any kind anywhere. We cannot use the home we are paying for. We have had enough. The most astounding thing is that my sister in law managed to get this far. Where she Tyrannical runs the household, takes anything she pleases, has hoarded so much junk can barely move around in garage/Laundry room , stolen from us his mother and ANYONE else available, including big ticket items, like a brand new safe , still in the box I bought because of her, and an almost new stove my mother in law wished to sell after replacing it, and all the while never paying a cent. And her reaction to any confrontation is to steal, destroy our property, even siphoned all the gas out of my husband's truck, so we thought our alternator was out and could do nothing on Halloween. She had all this going for her and when we finally got fed up SHE got mad lmao! So the likely hood this 56 year old criminal who has no responsibility or maturity or dependability will show up in court at all is highly unlikely. She just went to jail for 3 days for not insuring or registering her vehicle, getting tickets, and not paying Them and failing to appear in court. We don't want her out to bring someone in, we want to live in our house we pay for. Oh and I forgot to mention, dealing with our FOURTh infestation of cockroaches because of her hoarding garbage. Completely rid of them 3 times previous. Now, i need this done quickly as possible, to mitigate the damage she will undoubtedly wreck upon us for having the audacity to say enough is enough.
Please tell me the fastest legal way to remove her that won't be thrown out by a judge or result in MORE time in this home, my first by the way, that has become hell on earth. Also, she may attempt to hurt myself or my mother in law , two days ago she smashed the back porch light because we padlocked the garage where you would unplug it, although the switch is readily evident. Blacked out the kitchen light, either to commit some criminal activity, or to watch us , or attempt to harm us in the dark. Please help me!!
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!
Have eviction court tomorrow with a friend that wont leave my home in texas. After she was served papers she started destroying the room she stays in and letting her cats loose in my house when im gone causing destruction and an ungodly smell, but the worst is she is emotionally and verbally abusing my 10 year old child while im at work causing me to have to stay home or take him with me to work. She wont come out of the room when im home and will not answer my calls. Im afraid of what she'll do to my son and or my home when shes forced to leave. Is there some kind of restraing order i can get to keep her away from my son and to keep her from totally destroying my house? Especially if she appeals and drags this out longer i fear i might not have a home at all
What you're describing is more of a crimonal law matter. If this person has done or said something that you can present to the police that amounts to an imminent threat of physical harm, you might have cause for a restraining order. Again, this is a matter for the police. The eviction is purely a civil matter.
Ok since my home is considered her residence i didnt know if the police could make her leave and stay away or not. And if it would help my eviction case if I brought it up in court
@@2bb889 unless this illegal behavior is a basis for the eviction, it probably won't help.
I didn't think I needed a reason for the eviction if a lease was never signed? I've been trying to get her to leave for 2 years now, I'm just now able to afford the eviction costs. If asked for a reason in court tomorrow it will definitely be because my son is terrified of her being in our home
For the people in the comment section anybody that is not on the lease and is over the age of 18 has to be referred to as John Doe or Jane Doe when filling out your notice to quit also Summons of Complaint.
Actually, in Texas anyway, if you're not on the lease, you're not entitled to notice, and you wouldn't be named in a lawsuit. In this video, I'm describing what to do with a guest who won't leave, not someone with a lease, either written or oral.
If my lease is up and I stayed a few months in the apt now getting evicted would I need to pay the rent stayed?
The ending of the lease term in a written lease does not end the obligation to pay rent. These are different agreements in the lease. The term restricts the Landlord from removing you so long as rent and all other obligations are current. Your agreement to pay monthly rent persists for as long as you continue to occupy the unit or until you and your Landlord modify that agreement in writing.
My 40 year old daughter asked me if she could move in with me. We’re talking a 2 room studio. I said no. End of story.
🥂Amen Sister !
I moved in with my mom in law due to issues with her live in caregiver. The caregiver does not pay rent or utilities. The caregiver was getting paid by In Home Support Services for helping my mom in law. We live in California and we had to move back because my husband received phone calls from family members in regards to my mom in law's lack of care and we were advised that someone filed an anonymous claim of elder abuse. We are trying to get legal help with getting this person out. She is very confrontational and has an "entitlement" attitude. She became verbally confrontational with my mom in law in front of us and also with me. We are told to evict her but am having a hard time finding legal assistance to get the eviction started and police cannot do anything even though there is a case already open against her.
Unfortunately, I am unable to give you legal advice for a matter based on California law.
I strongly urge you to seek out a Landlord/Tenant attorney licensed in your state who practices in your area. You may refer to a local or statewide bar association. That attorney should be able to direct you in a way to initiate the eviction process.
I wish you the best of luck!
My question is We were not living together but we're still legally married she got sick I move back in to take care of her now that she's on her feet I'm going back to work it seems to be getting better she fell in love with one of my friends and now she refuses to stop seeing him and wants me out the house I have three kids with this woman my kids all want me to stay can she kicked me out she forced me out the house
Are you and your spouse are both tenants on the same Lease? Is this in Texas?