I'm in Washington. Evictions cannot begin until after 14 days. I delivered and mailed a 14-day notice to pay or vacate. But Washington tenant law has made it much more difficult to go through the eviction process. I'll be using a lawyer who specializes in evictions.
If Eviction is new or if the procedure has become complicated, it's best to seek legal counsel. You'll want to get things right the first time. Good luck to you.
Thank you for the info .I had a tenant evicted We gave her 90 days notice and after the 90 days she said to continue with the eviction process,it took 4 months after that to finally get the apartment back
Sometimes Landlords want to be "nice" and hope that this will gain some ground with the Tenant, but, and this is a hard truth, many times this niceness is not returned. I made a video on the topic: ruclips.net/video/jJGyt9UnKDQ/видео.html
I once sent a small UPS box, signature req'd for such a letter to disguise it, in addition to regular mail. The tenant received and signed for the box. He contacted me by text, all upset about the notice. His signing for the box doesn't prove it, but that angry text documented that they received the notice. Or, in Ohio, a process server or LEO can be hired to personally deliver. More costly, but it gets the job done.
As a retired window clerk at a very busy financial USPS Window operation, insurance companies would come in with handfuls of official letters with no markings on the face of the letter but those letters were listed in a ledger book and additional postage paid for the service of Proof of Mailing. This PoM held up in Court too as well if people thought they would be able to say they didn't receive it. They were usually cancellation notices.
@@LandlordAttorney This is not fraud. It's a business practice I'm trying to make people aware of! You can have something in your mailbox, pretend you didn't receive it yet the mailer has proof they mailed it, that's all.
@mooonie6634 how would the letter carrier know where to deliver the letter, once mailed if it is u marked? For the mailbox rule to actually apply in Texas, the regular mail would need to be delivered to the Tenant's mailbox within 10 days of mailing.
@@LandlordAttorney The service is called Proof of Mailing. There is nothing on the envelope other than than the name and address of the address, plus return address and first class postage. The book where all of this information is listed on lists the same plus an area for the postage meter fee fee paid for the service. The window clerk checks off each name in the book to the envelopes presented and round dates them, making them official. The letter carrier delivers the envelope like a regular piece of first class mail. The proof of mailing holds up in a Court of Law too. It's proof the mailer put the piece of mail in the mail stream. Different states may have dif laws regarding notification.
@@LandlordAttorney Ins co used this service a lot because it saved a lot of money on their special services mailings. Anyone looking at the letter would not know there is Proof of Mailing on it.
A year ago I purchased a home in New Mexico after the owner passed away and it has a back house which had renters living in it on month to month payments (no lease) When my husband and I bought the home we had no intention of being landlords and we actually want to turn the back house into a garage. We planned to remodel the main house and since it was in the middle of Covid we verbally told the renters that they are welcome to stay in the apartment for a year, while we remodel. Well fast forward to 2023, we gave a written notice to the renters 3 months in advance as a reminder of the upcoming move out date. Then we gave them another written notice 30 days prior to the move out date. All notices were handed to the renters in person. Well, move out date came and the renters refused to move and started becoming hostile. I quickly got an attorney who wrote up a 3 day eviction notice and we had a police officer deliver it to the renters. Well, they still have refused to move. Fast forward to now 2 months later and we are waiting for the court date which is finally set in August. Its been such a nightmare. We are still not living in the main house out of the awkwardness it is having people who we do not want there essentially living in the back yard. I have been so stressed on this, buying a home with no intention of being a landlord and doing what we thought was nice by giving the renters up to a year to find a new place.. Is there any way the court would rule in the favor of the renter? I'm so scared of that happening, I have no idea what we would do..
Unfortunately, as all attorneys in our Law Firm are only licensed in Texas, we won't be able to guide you through New Mexico laws. We'd recommend reaching out to a Real Estate Attorney in your area and seek their advice. Best of luck to you.
Rent needs to be free! It's a basic right like do you get charged to breathe? To sleep? I went to a gas station and grabbed a bottle of water without paying. Told the employee water is a natural resource.
They need to change these laws.. if you dont pay your rent, you get a 10 day notice to quit.. if you're not out by those 10 days, you are now trespassing and will be arrested and taken off the property. Therefore, the landlord should be able to withhold their property until past owed rent or lease agreement is paid for up to 60 days.. if they don't pay within 60 days, the landlord should be able to sell their property to pay back owed rent... It's ridiculous what some good honest landlords have to go through.
tf? lol no it should be SIXTY days to vacate at LEAST and youre gonna like it lol what youre describing is fraud and theft shocker for a landlord i know... 🙄🙄🙄
I have a hold over tenant, who I have evicted twice, won both judgements. They appealed, first time dismissed due to court serving and still waiting for second verdict. Dallas county has some of the most ridiculous judges.
Yeah, certain counties have pretty strict additional requirements for Landlords. It's important to know what your local jurisdiction requires, but these requirements are not always well advertised.
What if they return to sender the other letter? What if the original tenant does a verbal agreement to sublease, without letting original landlord know and his lease ends but the sub tenant won’t leave the original tenant left home to his country and I don’t have the sub tenant’s identity? this was a mouthful.
First, if a party marks a letter "return to sender," that party cannot claim failure to receive notice, because he rejected that notice. Second, if a Tenant subleases without authorization from the Landlord, that tenant is still obligated on the lease. Landlord should sue tenant for Eviction and have the tenant and all other occupants removed from the premises once a final order is signed and the appeal option has ended.
@@LandlordAttorney how can one sue someone who does not have or claim to have a identity? That’s the most important part of conducting business, and does landlord really own it if he is not living in it anymore? How can someone own something they are not creating or using anymore? Or better put who gives him dominion? did he create the land? How can one own what he does not create? We were gifted everything for use. The moment we decided not to use it anymore, we don’t need it for whatever reason. But along came man and decided let’s play monopoly. And now we think we own something. From my understanding if we own something, personally why would we need to create paperwork to prove it? Only one who needs to convince another that they own something. Convince is deception. The whole system just seems a little greedy and devilish if you ask me. Everyone wants to be a lord so they buy land that’s not there’s. One thing if your living in it. But once your not living in it. It’s just land and not of use to you anymore. Why does everyone’s greed and ego feel the need to monopolize. When if you play the game. Guess what happens. 1 person wins everyone else becomes bankrupt. My personal opinion. Stop playing the stupid game. One must consent to play.. just stop playing. Unless your soul tied to it. In that case. Godspeed 🙏🏽👾✌🏼
Question: On the day of termination of tendency, can the landlord show up and knock on the door of the tenant to see if they have vacate the property? Or I still have to give a 24 hours notice to to the tenant that I will be at the property (even if they are or are not at the rental property). If I have to sent a notice to show up, can it be text or email? Resident is in California.
I'm not sure what you mean. Which notice is the sheriff trying to deliver, and every state does things a little differently. In Texas, if a constable is attempting to deliver notice of the eviction lawsuit but cannot reach the tenant, there is a common procedure where the court will permit the constable to serve the Defendant by posting the court paperwork on the outside of the door and sending the notice by mail.
I have a tenant that haven’t pay rent and I have not be able to get in contact with him, it’s been 15 days he doesn’t pick up the phone or answer text, I even when and wait at the property but nobody seems to be there, can I enter the property and removed his stuff if he has abandoned the property
That's going to depend on what the lease says. Does your lease give you a right to enter the property? Is this a TX lease? I know that Texas allows a landlord to enter if their lease allows an inspection without notice, if the method is reasonable, and if the landlord enters peacefully.
What about when the landlord and onsite apartment manager ignore all of the tenant's certified mail and attempts to remedy but they keep breaching the contract by trespassing into my apartment unit? Three times now! They have tried evicting me several times now. I stopped paying rent in October of 2021 - they accepted partial payment then trespassed into my apartment knowing I was inside.
Without reading the lease, it's difficult to say what rights and/or procedures the Landlord or the staff have to enter, but generally, a Landlord nor the maintenance staff would not be guilty of trespass in this situation.
You can mention both holdover and unpaid rent in your notice to vacate. The tenant who holds over owes that rent, but they must vacate. Otherwise, file for the eviction and claim both holdover and nonpayment if rent remains unpaid. As for 3 times the rent, it depends on your state, your lease, and your eviction judge as to the determination of your eviction judgment. If your lease is clear, you might have the right to demand a higher rent during holdover. It's worth requesting that higher rate in an eviction.
I filed eviction on my Renner she has been in my house for 2 months where are due to go to court on the 30th of April she just contacted me yesterday 4 days before we go to court she contacted me in a text and asked me to send my nephew over and she was going to turn over the keys so so I am going to still keep my court date and appeared in court but I was wondering since I got my house back like that how can I get the amount that she owes me and rent can I ask for the rent even though I got my house already and when I go do I have to let the judge know that she has already surrendered the keys to me
First, has she moved out all of her stuff? If not, then she's either abandoned it, and it's all garbage, or she's still there. Second, are you holding deposit funds? Third, if this trial is in Texas, then I can say, yes, you should tell the judge if the tenant has completely vacated and taken all of her stuff. You can ask for unpaid rent through the date that she left. You can use her deposit funds against all other costs and damages first, then any remaining deposit funds against the judgment itself. Collecting the judgment will likely be difficult, but you can watch this video for additional information on collection: ruclips.net/video/dITKE9bWbZ8/видео.htmlsi=O038FrDeP8ryb3Gu
I was on here before I had mentioned that I was taking my renter to court well she decided to all of a sudden wanted to give the keys to my nephew to give to me she didn't give up the place so by her doing that can I go and change the locks since I already got the key from her I still is scheduled to go to court on the 30th I am still going to go but I was wondering since I already have possession of my home and on my paperwork that I submitted I was asking for rent so I was wondering can I ask even though I've already got position of my house by her returning the keys
First, has she moved out all of her stuff? If not, then she's either abandoned it, and it's all garbage, or she's still there. Second, are you holding deposit funds? Third, if this trial is in Texas, then I can say, yes, you should tell the judge if the tenant has completely vacated and taken all of her stuff. You can ask for unpaid rent through the date that she left. You can use her deposit funds against all other costs and damages first, then any remaining deposit funds against the judgment itself. Collecting the judgment will likely be difficult, but you can watch this video for additional information on collection: ruclips.net/video/dITKE9bWbZ8/видео.htmlsi=O038FrDeP8ryb3Gu
I have a renter that is behind in February rent they're supposed to pay the other portion in March along with March rent she kept on saying she was waiting on her income tax and to me she sounded as though she was just prolonging her stay. So I want to served her on the 15th of March she is behind in late charges as well so I gave her until the 1st of April a eviction letter was that enough time to give her. I know that you can give a 3-day notice but let me know if I I served her the eviction letter and I sent her a certified letter
If the letter you sent her is a Notice to Vacate, and if it was properly delivered, than you should be fine. Here's a video on the subject ruclips.net/video/wu3u9hqReZw/видео.htmlsi=jcnx6IAnbHzPeDuw
I live in nyc in early 2023 amd i agreed to move out by 2024 unfortunately my wife suffered a stroke and has been in a nursing home and should be hwtting discharged can we stop the order of eviction for an extra few months while she recovers and we arw able to move ? How can we temporarily stop it for an extra few months ?
I am unfamiliar with NY Eviction procedures. You may want to seek out local legal counsel to ask about you right to appeal or the prospect of working something out with the landlord.
If your case is in Texas, once the Notice to Vacate has been properly delivered, you can start the eviction process and sue the Tenant in the JP court.
What do you do when a family member starts acting like they are your landlord and bank and start trying to force you off the land you have lived on for literal decades (Never paid rent to them and I personally covered 100% of the lands development and operating costs and payments) because they dont want to transfer the title now that its time and think that they can extort money and further control with the moves? (Expecting zero useful info here but I figured I'd ask.)
@illbeyourmonster1959 If you're in Texas, I can tell you that most Texas Courts do not recognize a transfer of ownership from owner to buyer that is not reflected in some form of written instrument. When you say you covered 100%, does this include the taxes? Can you prove that you have paid the last 10 years worth of taxes?
I was in a month to month basis and I gave my tenant a 60-day notice to Vacate almost 2 months ago explaining why they needed to leave. Does a notice to Vacate serves as a termination of agreement? Or the termination was a step that should be taken before the notice to Vacate?
What are my legal rights if I was arrested for over 60 days in never even knew I had an eviction notice? I never read it, signed it, or even agreed with it? I was locked up and obviously I couldn’t receive most type of mail…. Am I still liable for all the costs and expenses the landlord wants even though I never got the chance to respond because I was detained and couldn’t physically see it with my own eyes?
More than likely, yes. An arrest wouldn't give you more rights than the law requires. The same would apply to someone on vacation. You would have had a duty to inform your Landlord of your status and a duty to pay rent. It also would have been your duty to have someone check your home and mailbox for important notices while you were away.
@@LandlordAttorney I was arrested at 2 am… and I literally had no family or friends to check on my stuff (which was stolen by the way)…. My family is from NJ, what makes me angry is not the eviction but “property damages”…. Charging $8,000 for a broken mirror is a bit a of a stretch. I called the office after I got out of jail to work with them directly instead of a credit collections agency…. They said that was a great idea but it had to be done before the eviction notice expired, which again I couldn’t do because I was in jail.
i have a tenant who hasn’t paid last months rent now we are in the next month, they have a habit of this. The lease ends this june, Can i not agree to keep them and find new tenants to avoid eviction?
@@LandlordAttorney i do, but the lease is coming to an end in the next few months. So instead of going through all of that can’t i just choose not to keep them? Wouldn’t that be a less stressful situation?
@Orixbby In my experience, it only prolongs the stress. Imagine if they don't pay anymore rent between now and then and decide to stay beyond the end of the lease. You can expect more of the same between now and June. Not good.
@@LandlordAttorney that makes sense but how can they stay beyond the lease if i choose to not keep them? they would need to leave? the lease expires.. I have a property management team who deals with them in my last renewal the offer stated if i choose not to renew they will let them know and ask them to move out. thanks for all the helpful information! 🙏🤗
@Orixbby Well, their lease agreement means they're supposed to pay in full by a specific date, but that agreement hasn't resulted in payment. Just because the lease ends, that doesn't mean you have any special power to remove them if they decide that it's easier to stay put and continue to live rent-free. Why delay the inevitable? Your only real leverage at this point is your right to evict. Every day that passes is just money lost. After a certain point, the debt becomes too much to pay in full, so it is less and less likely that you'll receive anything.
If I put a date to be out by in the notice to vacate, do I have to wait until after that date on the notice to file eviction? Or can I file as soon as the 4th day after attempted delivery of certified letter? I put a couple of days extra padding in the notice but delivery was attempted quicker than I thought it would be.
In Texas, the rule is at least 3 days. The landlord can always give more. In this case, you should likely wait to file if the tenant fails to vacate by the time frame indicated in the notice.
This tenant also keeps depositing hot checks into my account, knowing the will bounce to buy time, even though I have told her that I will only accept cashiers checks. Not one check of her checks has ever cleared. I hope the judge will take that into account.
Do you have to send a certified letter in the mail if you actually live in the same apartment as the tenant because we are litterally in the same residence??
In this situation, you have to personally place the notice in tenant’s hand to be able to evict him, unless you have an adequate way to deliver the notice to him by US Mail.
Depends on your jurisdiction. Generally, in Texas, courts prefer delivery of the notice by US Mail. We encourage sending it by Regular AND Certified US Mail, assuming that you are provided with a forwarding address. If not, you can mail it to the rental unit in hopes that the tenant is having their mail forwarded to them. At the very least, it preserves a record of your good faith effort to send the notice. Naturally, if you have a deposit refund to deliver, email is impractical, but email, in addition to regular mail, does not hurt and may be the only actual notice they receive.
What can be done when a judge ignores every law on eviction requirements and evicts someone despite them having met none of the legal criteria for eviction plus the eviction was done months after the attempt had legally timed out? Also, an eviction was done on a person who had moved out nearly a year earlier and had proof they did not live there was ignored and they were still hit with an eviction on their record because the judge did not want to even look at their new rental/lease paperwork showing they did not live at the original place when the eviction was first served to them? The person moved out in August/September last year into a new place and has the paperwork showing it. The fake landlord (a family member who hates this friend of their other family member) served them a month plus after they had already been living someplace else. (state law says an eviction has to go through the court within 15 days) the judge finally got around to hearing the case nearly 8 months after said eviction legally timed out and refused to look at the state laws on eviction (zero for the 10 were met) and refused to look at that person up to date rental/lease paperwork showing they did not live there when the eviction was served on them last year.
Many of the things you talk about in this video vary from state to state Virginia where I live is considered a landlord-friendly state. Then the simple fact that there will always be Texas and it will always be Texas. some Texas laws are unique' I won't go int specifics because if there is on state with no room to talk when it comes to weird laws it's Virginia
![I.N "HALLUCINATION" | [Stray Kids : SKZ-PLAYER]](http://i.ytimg.com/vi/n5B5q1Hwt_U/mqdefault.jpg)
Paying my apartment rent on time is my number one priority in 2023.
Mr. Garcia!
I really appreciate for your input and support a small business landlords!
Great job!
Thanks you!❤😂🎉❤❤❤
@@irinabenskaya5499 You're very welcome
Ernie....another great video and thanks for all of the great information.
I appreciate your kinds words! Glad you're watching!
I'm in Washington. Evictions cannot begin until after 14 days. I delivered and mailed a 14-day notice to pay or vacate. But Washington tenant law has made it much more difficult to go through the eviction process. I'll be using a lawyer who specializes in evictions.
If Eviction is new or if the procedure has become complicated, it's best to seek legal counsel. You'll want to get things right the first time. Good luck to you.
They become trespassers if they don't pay rent , use the old west way theres no laws
Thank you for the info .I had a tenant evicted We gave her 90 days notice and after the 90 days she said to continue with the eviction process,it took 4 months after that to finally get the apartment back
90 days seems a bit long.
Sometimes Landlords want to be "nice" and hope that this will gain some ground with the Tenant, but, and this is a hard truth, many times this niceness is not returned. I made a video on the topic: ruclips.net/video/jJGyt9UnKDQ/видео.html
I once sent a small UPS box, signature req'd for such a letter to disguise it, in addition to regular mail. The tenant received and signed for the box. He contacted me by text, all upset about the notice. His signing for the box doesn't prove it, but that angry text documented that they received the notice.
Or, in Ohio, a process server or LEO can be hired to personally deliver. More costly, but it gets the job done.
That was CLEVER ...I LIKES!!!
As a retired window clerk at a very busy financial USPS Window operation, insurance companies would come in with handfuls of official letters with no markings on the face of the letter but those letters were listed in a ledger book and additional postage paid for the service of Proof of Mailing.
This PoM held up in Court too as well if people thought they would be able to say they didn't receive it. They were usually cancellation notices.
We don't advocate fraud. We encourage proper notice that the Landlord can prove performed to the court.
@@LandlordAttorney This is not fraud. It's a business practice I'm trying to make people aware of! You can have something in your mailbox, pretend you didn't receive it yet the mailer has proof they mailed it, that's all.
@mooonie6634 how would the letter carrier know where to deliver the letter, once mailed if it is u marked? For the mailbox rule to actually apply in Texas, the regular mail would need to be delivered to the Tenant's mailbox within 10 days of mailing.
@@LandlordAttorney The service is called Proof of Mailing. There is nothing on the envelope other than than the name and address of the address, plus return address and first class postage.
The book where all of this information is listed on lists the same plus an area for the postage meter fee fee paid for the service.
The window clerk checks off each name in the book to the envelopes presented and round dates them, making them official. The letter carrier delivers the envelope like a regular piece of first class mail. The proof of mailing holds up in a Court of Law too. It's proof the mailer put the piece of mail in the mail stream. Different states may have dif laws regarding notification.
@@LandlordAttorney Ins co used this service a lot because it saved a lot of money on their special services mailings. Anyone looking at the letter would not know there is Proof of Mailing on it.
A year ago I purchased a home in New Mexico after the owner passed away and it has a back house which had renters living in it on month to month payments (no lease) When my husband and I bought the home we had no intention of being landlords and we actually want to turn the back house into a garage. We planned to remodel the main house and since it was in the middle of Covid we verbally told the renters that they are welcome to stay in the apartment for a year, while we remodel. Well fast forward to 2023, we gave a written notice to the renters 3 months in advance as a reminder of the upcoming move out date. Then we gave them another written notice 30 days prior to the move out date. All notices were handed to the renters in person. Well, move out date came and the renters refused to move and started becoming hostile. I quickly got an attorney who wrote up a 3 day eviction notice and we had a police officer deliver it to the renters. Well, they still have refused to move. Fast forward to now 2 months later and we are waiting for the court date which is finally set in August. Its been such a nightmare. We are still not living in the main house out of the awkwardness it is having people who we do not want there essentially living in the back yard. I have been so stressed on this, buying a home with no intention of being a landlord and doing what we thought was nice by giving the renters up to a year to find a new place.. Is there any way the court would rule in the favor of the renter? I'm so scared of that happening, I have no idea what we would do..
Unfortunately, as all attorneys in our Law Firm are only licensed in Texas, we won't be able to guide you through New Mexico laws. We'd recommend reaching out to a Real Estate Attorney in your area and seek their advice. Best of luck to you.
I'm going through this now and they live downstairs.
Rent needs to be free! It's a basic right like do you get charged to breathe? To sleep?
I went to a gas station and grabbed a bottle of water without paying. Told the employee water is a natural resource.
Humans are natural resources, too. I guess I should snag a few free ones under that same premise.
They need to change these laws.. if you dont pay your rent, you get a 10 day notice to quit.. if you're not out by those 10 days, you are now trespassing and will be arrested and taken off the property. Therefore, the landlord should be able to withhold their property until past owed rent or lease agreement is paid for up to 60 days.. if they don't pay within 60 days, the landlord should be able to sell their property to pay back owed rent... It's ridiculous what some good honest landlords have to go through.
These are ideas you should share with the legislators of your state. In which state do you reside?
Agreed. Creepy socialism is coming in.
That doesn't give sense
tf?
lol no it should be SIXTY days to vacate at LEAST and youre gonna like it lol
what youre describing is fraud and theft
shocker for a landlord i know... 🙄🙄🙄
I have a hold over tenant, who I have evicted twice, won both judgements. They appealed, first time dismissed due to court serving and still waiting for second verdict. Dallas county has some of the most ridiculous judges.
Yeah, certain counties have pretty strict additional requirements for Landlords. It's important to know what your local jurisdiction requires, but these requirements are not always well advertised.
Agree
What if they return to sender the other letter? What if the original tenant does a verbal agreement to sublease, without letting original landlord know and his lease ends but the sub tenant won’t leave the original tenant left home to his country and I don’t have the sub tenant’s identity? this was a mouthful.
First, if a party marks a letter "return to sender," that party cannot claim failure to receive notice, because he rejected that notice. Second, if a Tenant subleases without authorization from the Landlord, that tenant is still obligated on the lease. Landlord should sue tenant for Eviction and have the tenant and all other occupants removed from the premises once a final order is signed and the appeal option has ended.
@@LandlordAttorney how can one sue someone who does not have or claim to have a identity? That’s the most important part of conducting business, and does landlord really own it if he is not living in it anymore? How can someone own something they are not creating or using anymore? Or better put who gives him dominion? did he create the land? How can one own what he does not create? We were gifted everything for use. The moment we decided not to use it anymore, we don’t need it for whatever reason. But along came man and decided let’s play monopoly. And now we think we own something. From my understanding if we own something, personally why would we need to create paperwork to prove it? Only one who needs to convince another that they own something. Convince is deception. The whole system just seems a little greedy and devilish if you ask me. Everyone wants to be a lord so they buy land that’s not there’s. One thing if your living in it. But once your not living in it. It’s just land and not of use to you anymore. Why does everyone’s greed and ego feel the need to monopolize. When if you play the game. Guess what happens. 1 person wins everyone else becomes bankrupt. My personal opinion. Stop playing the stupid game. One must consent to play.. just stop playing. Unless your soul tied to it. In that case. Godspeed 🙏🏽👾✌🏼
Question: On the day of termination of tendency, can the landlord show up and knock on the door of the tenant to see if they have vacate the property? Or I still have to give a 24 hours notice to to the tenant that I will be at the property (even if they are or are not at the rental property). If I have to sent a notice to show up, can it be text or email? Resident is in California.
I'm not licensed in your state but the answer should be in your Lease. It usually indicates the number of days required for such notice.
The tenant changed de locks of the apartment and he is hiding himself to be notify by the sheriff several attempts what will be the next step
I'm not sure what you mean. Which notice is the sheriff trying to deliver, and every state does things a little differently. In Texas, if a constable is attempting to deliver notice of the eviction lawsuit but cannot reach the tenant, there is a common procedure where the court will permit the constable to serve the Defendant by posting the court paperwork on the outside of the door and sending the notice by mail.
I have a tenant that haven’t pay rent and I have not be able to get in contact with him, it’s been 15 days he doesn’t pick up the phone or answer text, I even when and wait at the property but nobody seems to be there, can I enter the property and removed his stuff if he has abandoned the property
That's going to depend on what the lease says. Does your lease give you a right to enter the property? Is this a TX lease? I know that Texas allows a landlord to enter if their lease allows an inspection without notice, if the method is reasonable, and if the landlord enters peacefully.
What happens if the tenant doesn't show up for the trial?
I have a whole video on that exact topic for you, right here:
ruclips.net/video/d_fhZJHNPk8/видео.html
What about when the landlord and onsite apartment manager ignore all of the tenant's certified mail and attempts to remedy but they keep breaching the contract by trespassing into my apartment unit? Three times now! They have tried evicting me several times now. I stopped paying rent in October of 2021 - they accepted partial payment then trespassed into my apartment knowing I was inside.
Without reading the lease, it's difficult to say what rights and/or procedures the Landlord or the staff have to enter, but generally, a Landlord nor the maintenance staff would not be guilty of trespass in this situation.
how the notice to vacate will look like during holdover , can i demand the rent for holdover month for eviction? is it 3 times the rent?
You can mention both holdover and unpaid rent in your notice to vacate. The tenant who holds over owes that rent, but they must vacate. Otherwise, file for the eviction and claim both holdover and nonpayment if rent remains unpaid. As for 3 times the rent, it depends on your state, your lease, and your eviction judge as to the determination of your eviction judgment.
If your lease is clear, you might have the right to demand a higher rent during holdover. It's worth requesting that higher rate in an eviction.
I filed eviction on my Renner she has been in my house for 2 months where are due to go to court on the 30th of April she just contacted me yesterday 4 days before we go to court she contacted me in a text and asked me to send my nephew over and she was going to turn over the keys so so I am going to still keep my court date and appeared in court but I was wondering since I got my house back like that how can I get the amount that she owes me and rent can I ask for the rent even though I got my house already and when I go do I have to let the judge know that she has already surrendered the keys to me
First, has she moved out all of her stuff? If not, then she's either abandoned it, and it's all garbage, or she's still there.
Second, are you holding deposit funds?
Third, if this trial is in Texas, then I can say, yes, you should tell the judge if the tenant has completely vacated and taken all of her stuff. You can ask for unpaid rent through the date that she left. You can use her deposit funds against all other costs and damages first, then any remaining deposit funds against the judgment itself.
Collecting the judgment will likely be difficult, but you can watch this video for additional information on collection: ruclips.net/video/dITKE9bWbZ8/видео.htmlsi=O038FrDeP8ryb3Gu
I was on here before I had mentioned that I was taking my renter to court well she decided to all of a sudden wanted to give the keys to my nephew to give to me she didn't give up the place so by her doing that can I go and change the locks since I already got the key from her I still is scheduled to go to court on the 30th I am still going to go but I was wondering since I already have possession of my home and on my paperwork that I submitted I was asking for rent so I was wondering can I ask even though I've already got position of my house by her returning the keys
First, has she moved out all of her stuff? If not, then she's either abandoned it, and it's all garbage, or she's still there.
Second, are you holding deposit funds?
Third, if this trial is in Texas, then I can say, yes, you should tell the judge if the tenant has completely vacated and taken all of her stuff. You can ask for unpaid rent through the date that she left. You can use her deposit funds against all other costs and damages first, then any remaining deposit funds against the judgment itself.
Collecting the judgment will likely be difficult, but you can watch this video for additional information on collection: ruclips.net/video/dITKE9bWbZ8/видео.htmlsi=O038FrDeP8ryb3Gu
I have a renter that is behind in February rent they're supposed to pay the other portion in March along with March rent she kept on saying she was waiting on her income tax and to me she sounded as though she was just prolonging her stay. So I want to served her on the 15th of March she is behind in late charges as well so I gave her until the 1st of April a eviction letter was that enough time to give her. I know that you can give a 3-day notice but let me know if I I served her the eviction letter and I sent her a certified letter
If the letter you sent her is a Notice to Vacate, and if it was properly delivered, than you should be fine. Here's a video on the subject ruclips.net/video/wu3u9hqReZw/видео.htmlsi=jcnx6IAnbHzPeDuw
I live in nyc in early 2023 amd i agreed to move out by 2024 unfortunately my wife suffered a stroke and has been in a nursing home and should be hwtting discharged can we stop the order of eviction for an extra few months while she recovers and we arw able to move ? How can we temporarily stop it for an extra few months ?
I am unfamiliar with NY Eviction procedures. You may want to seek out local legal counsel to ask about you right to appeal or the prospect of working something out with the landlord.
Hello, unissued 3 day notice pay or quit. What is the next step follow for eviction with local court?
Tenant signed 1 year lease in April of this year and has been late twice hasn’t paid this month. How long do I wait before filling
If your case is in Texas, once the Notice to Vacate has been properly delivered, you can start the eviction process and sue the Tenant in the JP court.
What do you do when a family member starts acting like they are your landlord and bank and start trying to force you off the land you have lived on for literal decades (Never paid rent to them and I personally covered 100% of the lands development and operating costs and payments) because they dont want to transfer the title now that its time and think that they can extort money and further control with the moves?
(Expecting zero useful info here but I figured I'd ask.)
It depends. Is this case in Texas?
@@LandlordAttorney Let's say it is.
@illbeyourmonster1959 If you're in Texas, I can tell you that most Texas Courts do not recognize a transfer of ownership from owner to buyer that is not reflected in some form of written instrument. When you say you covered 100%, does this include the taxes? Can you prove that you have paid the last 10 years worth of taxes?
@@LandlordAttorney No I cant. I lost everything in a fire and he won't give up his copies because it would prove I am right all along.
@@illbeyourmonster1959 unfortunately, this makes things all but impossible to prove. Without actual evidence, you may not have a legitimate claim.
I was in a month to month basis and I gave my tenant a 60-day notice to Vacate almost 2 months ago explaining why they needed to leave. Does a notice to Vacate serves as a termination of agreement? Or the termination was a step that should be taken before the notice to Vacate?
Notice to Vacate and Notice of Termination are not the same. Please watch this video for clarification ruclips.net/video/xKobHjPsiqs/видео.html
What are my legal rights if I was arrested for over 60 days in never even knew I had an eviction notice? I never read it, signed it, or even agreed with it? I was locked up and obviously I couldn’t receive most type of mail…. Am I still liable for all the costs and expenses the landlord wants even though I never got the chance to respond because I was detained and couldn’t physically see it with my own eyes?
More than likely, yes. An arrest wouldn't give you more rights than the law requires. The same would apply to someone on vacation. You would have had a duty to inform your Landlord of your status and a duty to pay rent. It also would have been your duty to have someone check your home and mailbox for important notices while you were away.
@@LandlordAttorney I was arrested at 2 am… and I literally had no family or friends to check on my stuff (which was stolen by the way)…. My family is from NJ, what makes me angry is not the eviction but “property damages”…. Charging $8,000 for a broken mirror is a bit a of a stretch. I called the office after I got out of jail to work with them directly instead of a credit collections agency…. They said that was a great idea but it had to be done before the eviction notice expired, which again I couldn’t do because I was in jail.
i have a tenant who hasn’t paid last months rent now we are in the next month, they have a habit of this. The lease ends this june, Can i not agree to keep them and find new tenants to avoid eviction?
If you have cause to evict them now, you should. Don't just count on a bad tenant to leave when the lease ends.
@@LandlordAttorney i do, but the lease is coming to an end in the next few months. So instead of going through all of that can’t i just choose not to keep them? Wouldn’t that be a less stressful situation?
@Orixbby In my experience, it only prolongs the stress. Imagine if they don't pay anymore rent between now and then and decide to stay beyond the end of the lease. You can expect more of the same between now and June. Not good.
@@LandlordAttorney that makes sense but how can they stay beyond the lease if i choose to not keep them? they would need to leave? the lease expires.. I have a property management team who deals with them in my last renewal the offer stated if i choose not to renew they will let them know and ask them to move out. thanks for all the helpful information! 🙏🤗
@Orixbby Well, their lease agreement means they're supposed to pay in full by a specific date, but that agreement hasn't resulted in payment. Just because the lease ends, that doesn't mean you have any special power to remove them if they decide that it's easier to stay put and continue to live rent-free. Why delay the inevitable? Your only real leverage at this point is your right to evict. Every day that passes is just money lost. After a certain point, the debt becomes too much to pay in full, so it is less and less likely that you'll receive anything.
If I put a date to be out by in the notice to vacate, do I have to wait until after that date on the notice to file eviction? Or can I file as soon as the 4th day after attempted delivery of certified letter? I put a couple of days extra padding in the notice but delivery was attempted quicker than I thought it would be.
In Texas, the rule is at least 3 days. The landlord can always give more. In this case, you should likely wait to file if the tenant fails to vacate by the time frame indicated in the notice.
This tenant also keeps depositing hot checks into my account, knowing the will bounce to buy time, even though I have told her that I will only accept cashiers checks. Not one check of her checks has ever cleared. I hope the judge will take that into account.
Do you have to send a certified letter in the mail if you actually live in the same apartment as the tenant because we are litterally in the same residence??
In this situation, you have to personally place the notice in tenant’s hand to be able to evict him, unless you have an adequate way to deliver the notice to him by US Mail.
Can I send list of damages to evicted tenants by email?
Depends on your jurisdiction. Generally, in Texas, courts prefer delivery of the notice by US Mail. We encourage sending it by Regular AND Certified US Mail, assuming that you are provided with a forwarding address. If not, you can mail it to the rental unit in hopes that the tenant is having their mail forwarded to them. At the very least, it preserves a record of your good faith effort to send the notice. Naturally, if you have a deposit refund to deliver, email is impractical, but email, in addition to regular mail, does not hurt and may be the only actual notice they receive.
What can be done when a judge ignores every law on eviction requirements and evicts someone despite them having met none of the legal criteria for eviction plus the eviction was done months after the attempt had legally timed out?
Also, an eviction was done on a person who had moved out nearly a year earlier and had proof they did not live there was ignored and they were still hit with an eviction on their record because the judge did not want to even look at their new rental/lease paperwork showing they did not live at the original place when the eviction was first served to them?
The person moved out in August/September last year into a new place and has the paperwork showing it. The fake landlord (a family member who hates this friend of their other family member) served them a month plus after they had already been living someplace else. (state law says an eviction has to go through the court within 15 days) the judge finally got around to hearing the case nearly 8 months after said eviction legally timed out and refused to look at the state laws on eviction (zero for the 10 were met) and refused to look at that person up to date rental/lease paperwork showing they did not live there when the eviction was served on them last year.
Is this case in Texas?
Many of the things you talk about in this video vary from state to state
Virginia where I live is considered a landlord-friendly state.
Then the simple fact that there will always be Texas and it will always be Texas. some Texas laws are unique'
I won't go int specifics because if there is on state with no room to talk when it comes to weird laws it's Virginia
We love the Lone Star State.
Tennant owes 6 months rent. He’s on disability. Can I get anything from him in court?
Yes, it's possible to file for eviction and seek unpaid rent. If you are in Texas, feel free to reach out lawofficeoferniegarcia.as.me/schedule.php
no. leave the poor man alone.
Indebted with landlord rent letter
The music in this video is terrible! It's very loud and off putting. Might I suggest taking it out completely?
Thank you for your feedback.
That's a squatter.
Here's a video about squatters:
ruclips.net/video/NmQpGNlcWIQ/видео.htmlsi=ofrCn9JZeTTJQSUS