I got to court and the court's attorney came over and asked the tenant if he wanted to settle out of court. He said yes. I gave the tenant 40 more days to move and he forfeited his deposit. Luckily he did move out. Since the rents have gone up,i got better tenants. Good video from Sacramento
In New Jersey it is advisable to file a agreement with the court with specific terms so that the tenant has to sign their rights to file a stay of execution as a part of any concessions so if the tenant defaults you can evict within days of the default. There is a court approved form to file with the court.
Definitely make sure that your loan is not Fannie Mae/Freddie Mac backed and in the CARES Act. It may say it's a conventional loan but can still be FM/FM backed. If it is, you must give 30 day notice to vacate instead of a 3 day. I found out the hard way. The free lawyer for my tenant pulled the CARES Act card. I'm headed back to eviction court for the 3rd time trying to get a deadbeat out of my house.
Yes, this is great advice and a little known fact that could easily trip up a landlord who would never think to consider their loan before sending a notice to vacate.
We were granted a eviction order but they never left on the date , now we need the sheriff to evict them … and just found out that they have been smoking and disconnected the smoke detector in the house ! What can we do ?
Are you asking how to get law enforcement involved? If you are in Texas, you do this by obtaining a Writ of Possession. Here is a video on that topic: ruclips.net/video/5Pxn8-73QS4/видео.htmlsi=CB6ni29TE4jvFCph
Hi Ernie, We served our tenant with a Notice to Vacate based on unpaid rent for 4 months, after which they requested a jury trial and appeared with legal representation. During the trial, they claimed retaliation and mentioned sending an email that we did not receive. Additionally, they were not up to date on their payments at the time. Regrettably, we lost the case due to a technicality-we did not submit the necessary supporting documents, despite having them available. We now seek to appeal the decision. We reside in Dallas, and the property is situated in Denton County. Would you be able to represent us in Dallas for the appeal? If so, what would be the associated cost?
It is very informative specially I am in this situation where I already issued notices/texted ,and no response. I informed him of extermination scheduled which was done twice. I noticed that he is not in the apartment x 3 months ,and that could be the reason why he is not responding. I requested town's police for a wellness check, no response. What is my recourse?
I have a tenant , she has 2 months behind and she's not living here for almost two months she is comunicating by text in a new cell telling the she going to pay in June 1 month in the other 2 by payments i have no address for her .I need help. Im in LA California
After we replace the three day pay quit notice if we start the eviction process anyways because we do want to claim the property back if they end up moving, we can always drop the eviction process but yet my client already paid for that. I’m a realtor so my seller is gonna say I don’t wanna waste money until we see what they do, How would you advise your landlord/seller?
No, we’re in California Los Angeles of all cities sorry I just love your videos. I’ll stop asking questions. 🤩😊. The good thing about watching your videos they gave me ideas so that I can go ahead and ask my Eviction attorney questions so I do have a good attorney to go to so I appreciate your videos to open up my mind.
If your state does not require a legal notice of lease violation before filing for eviction (whether it's a non-payment of rent or just a lease violation), do you still recommend sending notices as a formality? The issue I see is that to file in district court is very costly ($278), and could run into a situation where you are filing 15 days after rent is late and paying the $278 fee, but then the tenant pays rent 4 days later. Should the landlord put in the Lease, a clause that states that if rent is received after the 3rd of the month there is a late fee of X dollars. And if rent is not received after the 15th of the month that the Landlord will file at court and tenant is responsible for filing fees after the 15th even if the tenant pays the rent due before the court even processes the paperwork? Any recommendations?
It sounds like you're asking a state specific question. Your strategy will depend on what your state allows when filing an eviction for nonpayment. In Texas, once a notice to vacate is delivered, the landlord is not generally obligated to accept rent, as such, the landlord can require that the tenant tender the full amount owed plus late fees and court costs, if applicable, before an eviction is withdrawn. However, to be the most successful, yes, all of these notices and transactions should be in writing so that your intent is clear at all times.
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If you're a landlord long enough you will do an eviction.
That's true.
I got to court and the court's attorney came over and asked the tenant if he wanted to settle out of court. He said yes. I gave the tenant 40 more days to move and he forfeited his deposit. Luckily he did move out. Since the rents have gone up,i got better tenants. Good video from Sacramento
Thank you for your feedback.
In New Jersey it is advisable to file a agreement with the court with specific terms so that the tenant has to sign their rights to file a stay of execution as a part of any concessions so if the tenant defaults you can evict within days of the default. There is a court approved form to file with the court.
Thanks for sharing your experience in NJ.
APPLAUSE! Great seminar! Thank you!
You're very welcome.
IN Washington is different from another states and the worst one for eviction in this state
State laws vary greatly from state to state.
If we don’t have any lease, just based on messages if a lady is staying in one of the room in your house.
What's your question?
Great informative accurate video 📹
Thanks and ShaloM ✝️
You're welcome
Always very informative.
Thanks so much.
Great video!
Thanks. I appreciate that.
Definitely make sure that your loan is not Fannie Mae/Freddie Mac backed and in the CARES Act. It may say it's a conventional loan but can still be FM/FM backed. If it is, you must give 30 day notice to vacate instead of a 3 day. I found out the hard way. The free lawyer for my tenant pulled the CARES Act card. I'm headed back to eviction court for the 3rd time trying to get a deadbeat out of my house.
Yes, this is great advice and a little known fact that could easily trip up a landlord who would never think to consider their loan before sending a notice to vacate.
You are amazing 🎉😢
Thanks!
I discover my tenant has my property a mess and some damages
If this is in Texas, and depending on the language of your lease, you may be able to issue a Notice of Lease violation.
We were granted a eviction order but they never left on the date , now we need the sheriff to evict them … and just found out that they have been smoking and disconnected the smoke detector in the house ! What can we do ?
Are you asking how to get law enforcement involved? If you are in Texas, you do this by obtaining a Writ of Possession. Here is a video on that topic: ruclips.net/video/5Pxn8-73QS4/видео.htmlsi=CB6ni29TE4jvFCph
Hi Ernie,
We served our tenant with a Notice to Vacate based on unpaid rent for 4 months, after which they requested a jury trial and appeared with legal representation. During the trial, they claimed retaliation and mentioned sending an email that we did not receive. Additionally, they were not up to date on their payments at the time.
Regrettably, we lost the case due to a technicality-we did not submit the necessary supporting documents, despite having them available. We now seek to appeal the decision. We reside in Dallas, and the property is situated in Denton County. Would you be able to represent us in Dallas for the appeal? If so, what would be the associated cost?
thank you for your question. I also saw it in our email yestarday. I addressed it via email yesterday, as well.
~ Dasha, Landlord Paralegal
I try all that but the tenant don’t want to communicate with you WHAT WOULD YOU DO ???
If the tenant is in default, you can try to evict. Non-communication is probably not enough though
It is very informative specially I am in this situation where I already issued notices/texted ,and no response. I informed him of extermination scheduled which was done twice. I noticed that he is not in the apartment x 3 months ,and that could be the reason why he is not responding. I requested town's police for a wellness check, no response. What is my recourse?
I'm not sure if there is a breach for which you can demand possession. Is rent current? Have you sent any prior written notice of default?
I have a tenant , she has 2 months behind and she's not living here for almost two months she is comunicating by text in a new cell telling the she going to pay in June 1 month in the other 2 by payments i have no address for her .I need help.
Im in LA California
Reach out to kianlaw.com for matters pertaining to CA law.
How does the plantiff post a bond to speed the case up?
You mean the Immediate Possession Bond? I'm not a big fan, but I did a video on the topic: ruclips.net/video/R8vS2l-CuRs/видео.htmlsi=SDwPuR8wyhvPLxyr
After we replace the three day pay quit notice if we start the eviction process anyways because we do want to claim the property back if they end up moving, we can always drop the eviction process but yet my client already paid for that. I’m a realtor so my seller is gonna say I don’t wanna waste money until we see what they do,
How would you advise your landlord/seller?
Is this property located in Texas?
No, we’re in California Los Angeles of all cities sorry I just love your videos. I’ll stop asking questions. 🤩😊. The good thing about watching your videos they gave me ideas so that I can go ahead and ask my Eviction attorney questions so I do have a good attorney to go to so I appreciate your videos to open up my mind.
If your state does not require a legal notice of lease violation before filing for eviction (whether it's a non-payment of rent or just a lease violation), do you still recommend sending notices as a formality? The issue I see is that to file in district court is very costly ($278), and could run into a situation where you are filing 15 days after rent is late and paying the $278 fee, but then the tenant pays rent 4 days later. Should the landlord put in the Lease, a clause that states that if rent is received after the 3rd of the month there is a late fee of X dollars. And if rent is not received after the 15th of the month that the Landlord will file at court and tenant is responsible for filing fees after the 15th even if the tenant pays the rent due before the court even processes the paperwork? Any recommendations?
It sounds like you're asking a state specific question. Your strategy will depend on what your state allows when filing an eviction for nonpayment. In Texas, once a notice to vacate is delivered, the landlord is not generally obligated to accept rent, as such, the landlord can require that the tenant tender the full amount owed plus late fees and court costs, if applicable, before an eviction is withdrawn. However, to be the most successful, yes, all of these notices and transactions should be in writing so that your intent is clear at all times.
If your "uncomfortable" when it comes to YOUR property,this aint the right line of work for you😮
True
Do you work in California?
No, but I do know a good CA landlord attorney: www.kianlaw.com