Every tenant can appeal their TX eviction more than once

[@CandyGirlzModels]

Do you ever give advice to tenants? I’m dealing with a horrible landlord in NJ

[@LandlordAttorney]

I advise tenants all the time, but I'm only licensed in Texas, and I'm not familiar with NJ procedure.

[@CandyGirlzModels]

@@LandlordAttorney A warrant of removal was executed on 8/8/23 due to a breach of settlement agreement. I signed a settlement agreement with the landlord stating that I would pay $600 a week and that the entire balance of rental arrears would be paid off by 5/31/23. The landlord only agree to the settlement because she knew that a check for $5000 from the NJDCA would be coming. I paid the landlord every single week but the check never came. The check was delayed and never mailed out because the landlord provided NJDCA with the wrong contact information causing unnecessary delays in the process and delivery of the check. After further investigation, I learned that the landlord and her assistants had contacted the NJDCA and given them the wrong email address. The NJDCA had several more contacts for my landlord and no one replied back. The NJDCA had made several attempts to contact my landlord with no luck. The check was finally mailed out on August 31, 2023. The landlord finally contacted NJDCA on 8/1/23. Now the landlord says she no longer wants me as a tenant. She claims she’s going to return the check for $5000 from the NJDCA. I tried to file an order to show cause but the judge abruptly stopped the hearing when she found out that 30 days had passed since the lock out. She said she didn’t have jurisdiction on the matter. My property and belongings are still in the property and I have until Wednesday to remove everything. I don’t want to move. I think the landlord wants me out so that they can raise the rent. I’m in an up and coming neighborhood. New Yorkers are flocking to my neighborhood in NJ. The settlement agreement never mentions the NJDCA but the implications is there. If you do the math on the $600 a week pays I made it’s $3000. The NJDCA were paying $5000. The balance I owed was $8000

[@crand20033]

What makes him horrible?

[@amybearden77]

My appeal is going all the due to state and county negligence. 🙌

[@quintinjones1218]

Great information. Thank you sir.

[@LandlordAttorney]

Thank you for taking your time to comment, we are glad that you found this video helpful.

[@chantelmarshall9132]

Thank you Mr. Ernie for your unbiased videos that educate both landlords and tenants. My eviction case is definitely unique. The Judge has to keep resetting my case because hes lost how to handle it, and the opposing party's group of lawyers cannot figure out how to overcome my defense, thanks to your guidance and teaching me the laws.

[@LandlordAttorney]

You're welcome. I'm glad you found this information helpful. Best of luck to you.

[@lachulaguerra5272]

I need advice on my eviction please help!

[@philosophicalblackhole4696]

What exactly have you done that was effective? How did the timeline of events develop for your case?

[@iambranden]

In Texas. If a tenant decide to file a second appeal on the judgement of a County court; escalating to the Court of Appeals, can they again file a paupers affadaivat to avoid court costs?

[@LandlordAttorney]

@iambranden Yes, but the tenant may not be able to avoid a supersedeas bond, which in Texas is typically 10 months of rent paid within 10 days of the County Court judgment.

[@aguerra8907]

What happens now that Texas Supreme Court extended the stop of evictions.

[@LandlordAttorney]

CDC and the Biden administration have both called this the last extension. However, there's still a lot of unclarity on the topic. We'll probably have more updates towards July, 31st.

[@10_door_tycoon]

I have been in the business for over a decade in Florida and today I was just notified that the tenant i just received the default judgement for filed an Emergency Motion to Stay which prior to today I’d never heard of. I’m not really sure what I should be doing next.

[@LandlordAttorney]

Unfortunately, as I'm only licensed in Texas, I will not be able to guide you through Florida laws. I'd recommend reaching out to a Landlord/Tenant attorney in your area and seek their advice. Best of luck to you.

[@jiabindai2906]

Hi Mr. Garcia, Great Video and lesson! I have a rental property in Troy, Michigan. The lease ended on 7/31/2022. The tenant did not move out and neither pay rent and utilities since last August (8/1/2022). We are in the process of eviction. We serviced a Notice to Quit on 9/15/2022. Attorney filed court eviction on 10/20/2022. Pretrial on 11/23/2022 and bench trial on 11/30/2022. They reached a conditional dismissal that tenant to vacate the premises on or before 12/16/2022. Signed by Judge. The tenant did not move out by 12/16/2022. My attorney filed reinstatement on 12/20/2002. Judge signed Judgement of Possession and order of eviction on 1/5/2023. But the court officer still not able to execute the order of eviction. The court officer receive the order on 1/10/2023, and posted a "48 hour notice" the tenant promised to move out by noon 1/14/2023 but didn't. The court allow the tenant to file a motion to stay on 1/13/2023. Judge denied the motion on 1/17/2023. The court again allow the tenant to file a motion for reconsideration on 1/19/2023. It is obviously the tenant is playing delay tactic game (actually since last July promised to move out almost 20 time). I would like to know if this lawful in Michigan since you did not mention in the video about the "motion" and second "Motion for reconsideration". How could this possible, and what the landlord could do with it? How long will this last? Thanks!!!

[@LandlordAttorney]

Thank you for watching. Unfortunately, as all attorneys at our law firm are only licensed in Texas, we would be unable to counsel you on Michigan eviction laws. We recommend reaching out to a local landlord/tenant attorney and seek their advice

[@jiabindai2906]

@@LandlordAttorney Thanks Mr. Garcia for your reply. Hope we have attorneys like you in Michigan. I did contact my attorney. The district courts in Michigan don’t understand how motions challenging possession judgments in a summary proceeding effects landlord's ability to proceed. This usually results in the court issuing a de facto stay of proceedings as they will schedule the tenant’s motion for a date in the future and sit on your file until that motion is heard. It is not normal the court allow tenant to file the second motion for reconsideration or appeal. It is totally up to the court what they do and let the tenant to get away with it to play the delay tactic game. It seems patently unfair to allow a non-paying tenant or terminated tenant to continue to occupy your property at your expense while this proceeding gets delayed. Have a great day!

[@jiabindai2906]

Some updates. My tenant filed appeal after 22 days the entry of judgment.. According to Michigan Court Rules Chap4.201(N) (2), An appeal of right must be filed within 10 days after the entry of judgment. But the court accepted the appeal that is obviously not conform to the MCR. There is no reason and stand to appeal. No justice and so unfair.

[@LandlordAttorney]

@@jiabindai2906 I'm so sorry to hear that. It's tough enough dealing with bad tenants. Landlords don't need the courts working against them and in violation of written statutes.

[@kandispage8166]

@@jiabindai2906 With their appeal, were the made it pay a month of rent or a rent bond? If so, did they pay it?

[@latricewolfeanderson4270]

What if a tenant took the landlord to court small claims court and then when they received the court papers and then they took me the tenant to court so that means i had my case in the morning and then my landlord had theirs in the afternoon and the landlord tried to sue me for 1500 for damages and then they wanted to sue me for 3000 and when i moved in was 2020 of September so the reason why i took them to court was because i didn't have any heat first and i had more roaches when i moved in and i had to pay them 650 for security deposit for a unit that the landlord said it was ready so she told me that there was another apartment that was ready in this wasn't correct i had paid $500 for prorated rent also when before i moved in the landlord told me that i could move in after 5pm and she left my key in the mailbox that's what she said she would do after i paid so much money for something that was correct by the landlord. So the judgement gave them there property but the judge told me that i could have my security deposit back if there wasn't any damages and I didn't have to pay anything to the landlord. But what is going on now is the landlord put on my history that i owe them 3000 and i went to the courthouse to let them know and they said i didn't owe them anything. But what I'm saying is the judgement wasn't correct and i took my case back to small claims court and the judge wouldn't listen to anything i said even though I had evidence and i was homeless living in my car . I didn't get no documents about how much the wear and tear was from my old landlord and they started sending my mail back to sender and the landlord told me verbally that they had to paint the walls because my kids drew crayons on the wall and my kids had a little jello that had dried on one spot of the floor so they had to do all that over again and my old landlord said that was over 650 but so I feel that they should not get to put on my rental history that i owe them $3000 when the documents from the small claims court judgement doesn't say it on the paper and this is keeping me from getting a place in that apartment was considered low income housing so what can i do about this? Anyone had this issue before

[@LandlordAttorney]

Is this litigation in Texas?

[@chrismeyerlawfirm]

great video!

[@LandlordAttorney]

Thank you so much, I'm glad you've found this video helpful.

[@tammymorse7347]

Been dealing with a bank foreclosure auction purchase. Tenants/former owner filed a quiet title action. They have been living in the home since October 2019 and it is awaiting denial by the Supreme Court. The appeals process has been used as a delay tactic. Vexacious

[@LandlordAttorney]

That's terrible. I hope they paid a hefty appeal bond to cover your legal fees.

[@WillaCantu-d4v]

What is an example of the landlord paying a settlement or maybe compromise

[@LandlordAttorney]

It might involve an early return of a security deposit or assistance with moving fees.

[@aprilwren1133]

There was an Error in the amount of rent they still filed judgement then they said a supersedous bond and I filed an inability to pay that amount cause it was 29000 . So what I do now ?

[@LandlordAttorney]

Unfortunately, unless you pay that bond (usually within 10 days) you will not be allowed to stay on the property. You can expect the landlord to request a writ of possession even if you file a second appeal. If this is a Texas case and you would like to have it reviewed by a Texas attorney, feel free to call us at 832-305-7694 or click here to book an appointment: lawofficeoferniegarcia.as.me/schedule/9c0f0366

[@LandlordAttorney]

You will need to appear at Appeal court and prove your case again.

[@Blah-blah-sure]

For the sake of conversation. I'm in Connecticut and had a final stay of stipulation of execution in which thru. Mediation the tenant agreed to a final stay with no appeal, no motion to stay the execution and no motion to open the judgement However 2 days prior to the final stay the tenant filed an appeal and got it?!

[@Blah-blah-sure]

And yes this has been the 2nd appeal, in which my attorney tells me wasn't supposed to happen. But my attorney gets upset when I ask hows this happening, when if I didn't live up to my end of this agreement the judgement would've been dismissed?

[@LandlordAttorney]

Believe it or not, sometimes the unexpected happens. As I am not licensed in Connecticut, I will not give my opinion on Connecticut law, but in Texas it is possible to prevent that second appeal. In this video, I explain how to do that: kzbin.info/www/bejne/bmraY4yjn9qtkKM

[@jillybeanfortnite]

I have my case on appeal but my landlord accepted payments.I have paid her 15 thousand already while we wait for appeal so what happens now?I called courthouse and they were very surprised I gave her money so what happens now?and I have tons of discussions of us discussing payment plans and when it will be 9aid in full

[@LandlordAttorney]

If you got your settlement terms in writing, you would be able to show the court whether you and the landlord had actually settled. However, in Texas anyway, if an unpaid balance remains due at the time of the Eviction appeal trial, you may still be looking at an eviction judgment. Of course, you will be able to present evidence of payment, but, if you and the landlord made an agreement and either you failed to fully comply, or you are unable to convince the court of the terms, things may not go your way at trial. There is no automatic shut-off just because the landlord accepts money during an appeal. It might make things complicated, but nothing happens automatically because of it.

[@latricewolfeanderson4270]

I just feel like me for instance just because I'm on disability the landlords think they can just make up things about their contract and the judges don't understand what looking at the contract means if someone takes a landlord to court for none livable units like heating and infestation of roaches and the tenants didn't know that the unit wasn't prepared before moving in and asked the landlord since she moved in since the landlord let her move in after 5pm and she put the key in the mailbox for the tenant so the tenant wouldn't never known until after she moved all of her stuff inside with her small babies at the time. I just feel just because individuals are on income based and wanting a income base housing we Should have rights also like the equal housing rights that is for income are low income families but somehow it just feels like we don't get to have no voice are express how we were used while being in a apartment that was properly ready for a family to even occupy the unit.

[@LandlordAttorney]

This is why inspections before a move-in are extremely important.

[@jakejones5736]

Meanwhile, the landlord gets bled dry while the tenant gets to live for free! Oh, if the landlord "wins", they get a money judgement that ain't worth the piece of paper that it's written on.

[@LandlordAttorney]

In Texas, the Tenant generally has to pay rent into the court registry while the case is pending.

[@jakejones5736]

@@LandlordAttorney Good point! I had a case where my attorney told me that he would demand that the tenant provide proof of funds (unlawful detainer case) in court. And if the tenant couldn't produce, it would be indicative that they didn't pay because they simply did not have the money. My favorite though is when they complain that the premises are "uninhabitable", hence the reason for non-payment. Yet it takes a court judgement and law enforcement to FORCE them out! That said, I had a tenant that made such claim and actually moved out! Needless to say, it saved me a lot of headaches. :)

[@tmjel1]

Yup

[@tmjel1]

@@LandlordAttorneynot anymore

[@LandlordAttorney]

@@tmjel1 Not sure what you mean.

[@noushinkiai]

Hi Ernie, I’m in NY but I follow up with your advice and videos. It looks like NO attorney in the whole state of New York cares about the landlords I have rented a house to a woman who claimed that can pay the rent in March 1,2020 On the 7th of March the COVID 19 rules came out and she didn’t pay a penny for the rent. It’s been 25 months since I have not been paid. My attorney d I had been in the LT court 10 times. We got the warrant of eviction in November 2021 but the moratorium extended it to January 15,2022 Since then she has appealed 4 times and finally on March 15,2022 her 4th appeal and order to show cause was denied. I have paid another $2000 for the eviction process to the eviction sheriffs but they haven’t had the time to Serve the 14 days notice to the tenant YET!! I’m so frustrated with the whole thing and the one way law who only supports the “Professional Tenants.” When I call the deputies office they say they are backed up with the evictions and will serve when they get a chance. One person even told me from the sheriff department that the tenant may file bankruptcy protection to stop the eviction process indefinitely. I’m close to loosing my mind over this. Simply not got paid $1800 per month for 26 months now plus spending over $7000 cash to my attorney and the sheriffs department for this eviction process and nothing has happened yet. Please tell me what would happen if she files for bankruptcy after eviction notice is served for the 6 times ? I appreciate any info about this. Thanks again for your valuable advice in advance

[@LandlordAttorney]

If the Tenant files for bankruptsy, you may need to consult with a Bankruptcy attorney to follow your claim through the Bankruptcy court and potentially request a lift of stay to allow you to proceed with the Eviction. However, as I am not licensed in the state of NY, I cannot say more. You may have to consult with the Landlord attorney in your area. I recommend contacting the NY state bar for a recommendation for a good Landlord/tenant attorney.

[@noushinkiai]

@@LandlordAttorney Thank you so much for your Genral advice. It looks like that the whole system is defending the tenants no matter how wrong and how long it takes to get them out. I’ll call the bar association to get a true landlord attorney. I wish you were here. Thanks again

[@chapter1762]

@@noushinkiai Im sorry this happened to you. Let us know the update please 🙏. I'm also in new York , NYC tenant with $1800 rent but we are doing holdover eviction. Not non- payment eviction but I heard the judge will side with the tenant as long as the tenant paid before sheriff show up with the eviction notice. Also , never ever trust what the tenant told you , bring W-2 , bank statement, landlord reference, credit score, and etc.

[@yufan9667]

@@noushinkiai do you get your attorney back then?

[@mymoto7572]

Lol and here I am making payments and my landlord keeps giving me 3 day notices

[@jillybeanfortnite]

I had a lease the first four years and after that she stopped giving leases after Covid so can I appeal an eviction if it were to happen?

[@LandlordAttorney]

In Texas, any tenant has a right to appeal by virtue of law.

[@7Lifeline]

Hi. Do you know if I can appeal multiple times in pa?

[@LandlordAttorney]

Unfortunately, I do not.

[@truestheart794]

town is trying to demolish a breat home for the big property

[@lucybalyanify]

Hi, I won the eviction court in texas for Holdover Tenant; Now tenant is appealing the eviction court decision; What are the tenant's chances of winning in county court?

[@LandlordAttorney]

Success in Justice Court does not necessarily guarantee success in County Court. The higher court, which is a court of record, will generally give a more thorough review of the Eviction facts. Without a review of your case facts, I can't see if there are defects in your Petition, your Notice to Vacate, or any of your other evidence. Also, the Tenant may seek counsel, which can also complicate things. In a nutshell, you should seek a consultation with a Landlord/Tenant attorney in your area. If you are interested in having your case reviewed by us, feel free to call 832-305-7694 or click here to book your own appointment online at: lawofficeoferniegarcia.as.me/schedule.php

[@leithmcguire7995]

@@LandlordAttorney What do you mean when saying "a Tenant may seek counsel"?

[@LandlordAttorney]

@@leithmcguire7995, "counsel" is another term for an attorney.

[@lucyyang8456]

Ernie, we won JP, tenant appealed , we won it again at District Court, they appeal again, I was told court let them as JP accept the appeal, now we have to go to third court

[@philosophicalblackhole4696]

​@@lucyyang8456where does the case stand today?

[@jillybeanfortnite]

Can I appeal if I no longer have a lease but had one for four years

[@LandlordAttorney]

Generally, yes. If you are in Texas, and if you have been evicted in the Justice Court, you would have at least 5 days to appeal. Your last signed lease is still in place. That's the lease that should be presented in an Eviction trial.

[@jillybeanfortnite]

How long can all this take?

[@LandlordAttorney]

That depends on a number of factors, including the number of cases on the Court's docket, whether Landlord and tenant reach some kind of agreement, whether the case is appealed to a higher court, etc. For a clear understanding of your legal options, you should consult with a Landlord/Tenant attorney who practices in your jurisdiction.

[@MyUsernameGoesHere]

What if the tenant waived their right to appeal in Justice of the peace court order?

[@LandlordAttorney]

They are not obligated to appeal. It is tenant's right, not the obligation. There is a "the Appeal window" to do that. After that, their right to appeal will be ended.

[@kandispage8166]

During theappeal process, does the tenant have to pay rent? Also, if my assistant forgot/ just simply did not send the first 30/ 60 notice through the mail first class like they were supposed and the tenant has now noticed it, do you think that they will win county court?

[@LandlordAttorney]

The obligation for the Tenant to pay while on appeal should appear in the original JP Court judgment and/or in a subsequent order by the court. As for the issue with the Notice, I would need more details before I could comment. Was the notice sent at all?

[@kandispage8166]

@@LandlordAttorney no, the notice was never sent. Not the one date for 6/13/22 or the one dated for 9/7/22, but they were included in the tenants "serving"/ summons papers.

[@LandlordAttorney]

If this case is in Texas, I'd recommend having the attorney review your judgment to create strategy on how to proceed. If you are interested, here's a link to book the apointment lawofficeoferniegarcia.as.me/schedule.php

[@Jr-hv2yn]

I live in nyc and currently in eviction warqnt have to move by 2024 . I agreed because the landlords attoney told me that i dont need a lawyer as long as i agree to a term of moving out by a certain date . Is it possible to stop that agreement ?

[@LandlordAttorney]

Not sure. You'll want to reach out to an attorney in your area to see if that agreement can be withdrawn.

[@Jr-hv2yn]

@@LandlordAttorney thank you very much .. happy holidays

[@LandlordAttorney]

Thank you. Merry Christmas!

[@10_door_tycoon]

Why are you trying to scam your landlord?

[@Jr-hv2yn]

@@10_door_tycoon excuse me I'm not scamming anyone... what's your point?

[@dominiquechaos7189]

I am the tenant* I won in county court because my landlord tried to evicted for having emotional support animals. They are not saying they are going to apeal the ruling if I dont drop my fair housing complaint. The ruling was made October 30th. I was told they will file on Monday if i dont let them know my decision.

[@kathrynpoitra2164]

I wish I could tell my story my landlord had no evidence whatsoever and I need an attorney he is sly and brought politics into it

[@LandlordAttorney]

Are you in Texas?