Crucial Mistakes to Avoid in an EVICTION or EVICTION APPEAL

[@axc34515]

Great videos Ernie! I’d like to ask a question based on my eviction experience as a landlord. 1. I filed an eviction at the JP court. I won the judgement. 2. Tenant appealed a few days later, Pauper affidavit. 3. I called the court to get the due date the tenant had to pay into court registry. Got the date and set my timer as to when to file for a Writ of Possession. 4. Tenant failed to pay into court registry and I filed a Writ the very next day. 5. JP court notified the constable and a date is set to enforce the writ. 6. I just found out (thanks to you) that the appeal still continues. A date is set for this trial in a few weeks. 7. By the time the trial takes place, I should have my house back but I suspect tenant will not pay into court registry if he hasn’t done it by now. My question is this: if I have my house back, do I need to go to go to trail? If the tenant hasn’t paid into the court registry, what are the chances of my getting any back rent from the trial if I do attend? It seems like a waste of time to continue the appeal if the tenant fails to pay into the court registry and I have my house back. I mean, what are my chances of seeing any back rent at this point? If I was tenant and was already evicted, I would probably not pay anything and just have a judgement against me. Curious to hear your thoughts on this. Thank you!!

[@LandlordAttorney]

@axc34515 Once you have possession of the property, the only remaining issue is whether you want a judgment or not. If a final judgment is of no value to you, yes, showing up is a waste of time. However, if you believe you can collect a judgment from the tenant, it may be worth it to secure the judgment from the next court and then begin the collection process. Your first step in collection in Texas would be to get an Abstract of Judgment. kzbin.info/www/bejne/hnavoaiajd6UZpYsi=y3bmdNweR19NijIG

[@317ivory]

This is why important cases are lost because these attorneys are so highly of themselves that they think paying them for advice is the key to winning a trial. Make me sick...

[@LandlordAttorney]

Yikes. This is pretty rough. Actually, I'm giving it away here. I charge for legal advice, but this is for educational purposes only, not intending to make anyone sick though. Hang in there.

[@melinasneathen2695]

A trial of de novo can no longer be used in an eviction case now I filed for one in MO and when arriving in court there attorney requested for it to be dismissed because they stated that the law changed and it can not be used in unlawful detainer cases

[@LandlordAttorney]

My videos are related to Texas eviction laws, so it can be different in MO.

[@MariainesVargas-km2fx]

can a tenant appeal with a trial de novo after a writ of possession was obtained?

[@LandlordAttorney]

That depends on your jurisdiction. In Texas, you definitely cannot.

[@ambersmith8171]

Im in Nebraska my attorney got a writ that i successfully vacated.i counter claimed i requested my deposit back multiple times. During trial he then presents an estimate from a fake company for $29,000 doesn't my landlord have to give me some kind of notice but I would do such a substantial amount of money on a house that was completely destroyed when I moved into it and spent thousands remodeling myself? Furthermore he submitted no pictures and nothing but an estimate from his son who is not a licensed contractor and has a criminal history for methamphetamine and currently has a warrant.

[@LandlordAttorney]

I can't speak for Nebraska law, but in Texas, a Landlord is required to prove their damages, the fact that the tenant is actually responsible for those damages, and proof that the tenant was properly notified of those damages in accordance with state law. You are strongly encouraged to seek legal counsel ASAP to review your case facts and to come up with a successful strategy to contest these fees.

[@ambersmith8171]

@@LandlordAttorney thank you so much for responding I have attempted to do but because I was never given a damage estimate and had no idea I was facing such a large claim I did not see legal representation before trial and I was told my landlord landlord did not have legal counsel as well he obtained legal counsel the day before moreover the estimate was presented as evidence on the first day of trial although his attorney did hand me a letter from one rental assistance agency he did not hand me the damage estimate add one minute to review it before it was entered. I didn't know I could object to it.

[@bernie01q]

Is it true that if a judge a actual judge didn’t over see the judgement do I have the right for another hearing ?

[@LandlordAttorney]

Depends on the hearing and depends on the Court? What county/State?

[@katiekaun7470]

I'm in California, and I recently subleased a person. I told him that there is a possibility that I could receive section 8. 15 days later I received a call and my section 8 was approved. I told him and now he says he needs more time. We have no sublease agreement. Nothing in writing. I do know I can have a guest for up to 30 days I do not want to jeopardize this benefit that I so desperately need

[@LandlordAttorney]

Did he pay for the sublease? If so, that might have created Landlord/Tenant relationship between the two of you.

[@pastorsalemkimjohnson697]

Sir what will happen if landlord claim the damages without proof ?

[@LandlordAttorney]

Well, any claim without proof is technically a lost claim. All claims in a Texas civil court must be proved by a preponderance of the evidence.

[@mariahinguillo1955]

Sir in my case judgement on the plaintiff in my eviction case, but tenant appealed due to inability to pay What would be my response to this , I can’t make him leave the property while on an appeal

[@LandlordAttorney]

Is your appeal in a Texas Court?

[@mariahinguillo1955]

It’s my fault I did not understand that on the 6 th day , I need to file a writ of possession my problem could have been over but he is smart, he filed an appeal due to inability to pay haven’t paid rent for 3 months

[@mariahinguillo1955]

I thought I have to see and wait if he didn’t move out today tommorow I’ll file the writ of possession but I did send a letter to the justice court precinct 4 to Dispute the appeal

[@mariahinguillo1955]

He filed at Justice of peace precinct 4 in Richmond Tx Sir is it affordable if I get you to represent me?

[@LandlordAttorney]

Maria, we'll be happy to help. It will be best to discuss specific facts with a Client. This kind of "what would happen if" type discussion, especially in writing, can get quite confusing. I would need to review your case number, your Lease and your facts/evidence. Let me know if you would like to book a consultation for more clarity. To schedule a consultation, call us at 832-305-7694 or click: lawofficeoferniegarcia.as.me/schedule.php

[@benalexender3046]

Thanks ❤

[@LandlordAttorney]

You're welcome

[@illbeyourmonster1959]

How does this work for people being falsy accused of infractions by a landlord that has been using multiple methods of self-help eviction and harassment to force the tenant into breaking contracts or local or higher laws because of the landlord's actions/interference?

[@LandlordAttorney]

The question is not clear. What was the tenant forced to do?

[@illbeyourmonster1959]

@@LandlordAttorney It's a home-based business that is 100% legal to operate as it is set up. (A hobby of sorts that became an actual profitable business) However, the landlord says it is illegal now, by his less-than-reality-based views, and has resorted to locking gates and harassing the business owner to keep the business owner from being able to access their formerly personal equipment that became the business equipment once the business was formed. The business is 100% up to code with every regulatory agency related to it, except in the area the landlord keeps interfering with and then reporting it for illegal operation because he keeps interfering with the final setup work relating to getting the equipment up to certain basic safety and usage codes for insurance purposes that never applied when it private. (Yes, he literally interferes with the final setup to meet the code then reports the business to every regulatory agency he can find for not being up to code. It is that dumb.) The equipment had been on the property for over a decade. He even helped with the original purchase of and set up for when things were personal property with zero issues. It was fine then, because he got free use of it until the business started making money in its second year and it had to be formally converted to business-owned equipment he can't use/have control over himself anymore. The landowner's view is that anything on his property is literally his to use and control as he sees fit, (He is aging narcissist with nothing to do with his now fast-failing life) and since the business was formed without him as a partner he feels that it should not be allowed to function in any way he disagrees with, which is where the locking gates to prevent access to said equipment and assets came into play. This is less than 10% of the whole story.

[@LandlordAttorney]

@@illbeyourmonster1959 Well, with any complicated legal matter, I tend to suggest that you seek out a licensed attorney in your jurisdiction to discuss your legal claims to see what is the best option for you in this matter. Good luck!

[@illbeyourmonster1959]

@@LandlordAttorney Thanks. It's been in court for over a year now. He tried suing the tenant under false claims of being owed money for services he never actually did. (All paperwork he has submitted against the tenant has been successfully used against him because he just makes things up. ) The landlord is now on his second lawyer, because the first one told him to pound sand over how petty and stupid his lawsuit against the tenant was. (He was warned that if he didn't knock it off the tenant could possibly have the legal right to take his land for it for various reasons, compensational and other.) The second lawyer is now down to just pulling random contextually incorrect snippets from the tenant's evidence, discovery work and now deposition statements and making random false claims saying the tenant did or claim or admitted to things that they clearly did not in the contexts being falsely implied. (He's just wasting everyone's time and money now making them disprove endless lies by omissions and such.) So far all he has done is waste vast amounts of time and money and make a fool of himself over nothing real because the tenant was smart enough to not include him in their business formation.

[@ishimondoisntgaybecause..9299]

What happens if landlord wins eviction for nonpayment, tenant pays and appeals just to buy more time but eventually moves out prior to the appeal court date, then doesn't show up to court, Will the case be dismissed?

[@LandlordAttorney]

On our KZbin Channel, we have a video on this very topic: kzbin.info/www/bejne/oXi3naF8eNyZhdE

[@moniquemonzs2612]

What if tou have an eviction apoeal , an the landlord starts anither evuction

[@LandlordAttorney]

That might be technically possible if there are new grounds for the second Eviction. You might want to bring this up to the judge as this might be improper in your jurisdiction. Are you in Texas?