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- Опубликовано: 7 июл 2024
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"If only there was some way to prevent bad things from happening in my rental business..." Well, my friends, there is. Much of what goes wrong in the Landlord/Tenant relationship comes down to misunderstanding. And, you can have 100% certainty that things will go wrong.
But, half the time, neither side knows "What the heck that guy's thinking," because they either have poor to no communication, or because proper expectations were not established from the beginning. When problems come, neither side clearly knows how to figure things out, so either nothing happens or one side acts in a way that sets off the other. This very predictable problem can be taken care of right at the beginning of the relationship with excellent planning, and this kind of planning can make the difference between a nice tenant and a nightmare.
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"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
Visit us online at: attorneyeg.com/index.html
The information and materials made available on this video are provided by The Law Office of Ernie Garcia, PLLC for informational purposes only and do not constitute legal advice. The transmission and receipt of the information in this video does not form or constitute an attorney-client relationship. Individuals receiving said information should not act upon it without seeking professional legal counsel.
Thank You for this video I'm a new landlord of inherited property's in Los Angeles & Los Angeles County
There's a lot to consider. I'd also suggest finding a mentor who's done this for a while. This will be an invaluable resource. Good luck!
Another great number of information.
Thanks
You are very welcome!
Thanks, Ernie! That was my dad's name. Not too many around.
He sounds like a great guy already!
Thank you, Ernie this was valuable information.
You're very welcome.
Thanks for another great and educational video! You’re awesome! Just wanted to note that there’s a typo in one of your opening banners. “Attorney” is misspelled. Not important but usually your material is perfect so thought you’d want to know!
Yikes! You're right. Well, let's hope you're the only one who spotted it.
Our A/Cs drain the evaporator condensation to the outside all the time. Not down the drain
Some houses have a backup line. That's the setup in my house and a lot of others.
Thank you so much for your invaluable wisdom and knowledge, Ernie!
I am going to be a brand new landlord in Philadelphia, PA., I am still looking for tenants. Could you please tell me what is a reasonable/maximum # of days that visitors /guests are allowed to stay with the tenants?
For late fees, how do you structure the amount and starting on which day? Thanks!
For visitors, there really is no maximum. However, if you tell your tenant, "You need my written permission anytime someone sleeps over." That might be a bit much. You are looking to prevent unauthorized occupancy, not a weekend with the girlfriend. Generally, you want language that says that written permission is required for anything over a week or two. Anything less than that shouldn't be a problem.
As for late fees, PA may have a specific limit by law that I wouldn't know personally. Texas does. You may want to contact a local property management company or an experienced landlord who would know. Definitely team up with someone local for these kinds of insights in your area. Good luck!
Thank you so much, Ernie! Wishing you and your loved ones a very healthy and happy holiday season!!!
My tenants are required to inform me if visitors are staying for more than 14 days on their lease. I honestly never had a tenant call and ask for permission.
Thank you for your education, Ernie!
For late fees (I am in PA). What do you recommend?
Starting the 3rd day? How much? Then, additional fees on what days? I’m a beginner and just feeling new prospects right now. 🙏
Unfortunately, as all attorneys in our Law Firm are only licensed in Texas, we will be unable to guide you through PA eviction laws. I'd recommend reaching out to a Landlord/Tenant attorney in your area and seek their advice. Best of luck to you.
Is it OK to put in a lease for tenants to repair and maintain the garbage disposal. Thanks Ernie.
Sure, it's okay, but why would you risk the tenant making things worse when the disposal breaks down? Also, what if it breaks due to age or a manufacturing defect? You might get a claim against you if you insist that the tenant must repair anyway. I don't tend to recommend shifting repairs on the tenant in a residential lease. If they break it due to misuse or negligence that you can prove, bill them. In all other cases, get it done yourself and move on.
Hi Garcia, I am having headache with a tenant who firstly I believe frauded the lease because it is handwritten by her and she put all advantages' on her side, never returned the original that was signed by me, now she does everything she wants including locking the landlord out, changing locks breaking doors, occupying almost the all house now. Police not able to put any order , sell frustrated , and the house takes thousand of mortgage fees. Any idea?? plz
First, is this a Texas lease? I can really only advise you under Texas law.
Question. Let's say a landlord learns some valuable information from an online attorney. Can you add an addendum or new rules at lease renewal time? Or even in the middle of an initial lease?
At least renewal, definitely. I'd suggest drafting a whole new lease. In the middle of a term....maybe, but only if the tenant agrees to modify the lease (and they can lawfully refuse).
My tenant paid a partial payment last month (September) and no payment this month (October). Can I add the balance of last months (September) rent into the letter to vacate?
you can list all breaches in your Notice to Vacate.
Mr. Ernie, if in eviction court the plaintiff wins the case does the defendant pay your attorney’s fees?
If the Plaintiff requests them, if the request is lawful, and if the judge awards them, yes. We always request an award of reasonable and necessary attorney fees.
If the tenant used a fake name on the lease, do you file the eviction with the name that’s on the lease? Or the tenant’s real name? Or both fake and real name?
@@raulhidrogo7815 When this happens, we file our cases as follows: Landlord vs. Real Name A/K/A Fake Name, so we really only sue one person, but it's one person with two names.
Do you give personal advice or can I hire you for tenant and property issues? I am in Houston zip 77011. I am the owner for a rental property.
We offer a 30-minute consultation. You can call us at 832-305-7694 or click on this link to book online: lawofficeoferniegarcia.as.me/schedule.php
Thank you for your education, Ernie!
For late fees (I am in PA). What do you recommend?
Starting the 3rd day? How much? Then, additional fees on what days? I’m a beginner and just feeling new prospects right now. 🙏
Well, each state is a little different, and I don't claim to know late fee rules all over the country. You may want to find out the rules in PA for the first day that late fees can be charged and the max amount within a given month. That being said, if you can collect the max within 7 days, that's my suggestion. If You pay on the 7th day, you pay max late fees. If you go beyond 7 days, Notice to Vacate is delivered.
I’m so sorry! You did reply to my quick question the first time. Many thanks!