#Tenant

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The most glaring problem with the Pauper's Appeal or Affidavit of Inability to Pay is that it's so easy for the Tenant to claim. Very much like the CDC Eviction Moratorium Order, the rules for the Pauper's Affidavit are so weak that virtually anyone can apply for them. This gives Tenants an advantage and a clear incentive to appeal with ease.
However, there are specific steps for the Tenant to follow all throughout the appeal process when they appeal through a pauper's affidavit. Their failure to follow procedure could make the difference between 1 week or several months of additional possession. If you know these procedures better than your tenant, your tenant loses their advantage.
To join, Texas Landlords, our private Facebook group, click here: / texaslandlords
"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: [e-mail]
Call or Text: 832-305-7694
Visit us online at: attorneyeg.com...
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.

[@brieannahewlett778]

I'm a tenant, but my family and I are now in a hard situation, and don't know what we should do. We got a termination of rental agreement, and are supposed to be moved out in 5 days. We have 4 little girls, and a baby arriving soon.. I have had a hard and very high risk pregnancy. I'm on bed rest, and not doing well, so I obviously can pack. There is nothing in our area available for rent. The landlords didn't give us a reason why, so right now we are scared, and trying to find out what we legally can and can't do next.

[@LandlordAttorney]

I'm sorry to hear of your misfortune. As for your termination notice, you may want to speak with a Landlord/Tenant attorney in your area who can review your notice and your lease to make sure the notice itself is effective to terminate your lease. You may have a defense against it. However, without that, you may have to weather the Eviction process (and perhaps an appeal) while you seek to transition off the property. Again, you may want to seek legal counsel to avoid having a judgment for Eviction on your record. Best of luck to you and your family.

[@oliverwhite30]

A family of seven (7) Seek family planning. As the size of your family increases it makes it exponentially more difficult to find a place to live.

[@derrickpatrick1206]

Thanks for the solid information. Hopefully Dekalb County here in Georgia has similar processes that we can apply this strategy.

[@LandlordAttorney]

Thank you for your feedback!

[@cocochanel4994]

This is too much we need to change the laws to be fair.

[@LandlordAttorney]

If you could request a change in the law from the state legislature, what change would you suggest?

[@Boris5Z]

Thank you sir so much! I am doing an eviction now and you channel is a gold mine!

[@LandlordAttorney]

I'm so glad to hear that. Best of luck to you!

[@ryder825]

With an appeal using an inability to pay, the Texas code states rent must be paid in monthly. But that’s only if the judge mentioned monthly in their judgement, correct? For example if a judge orders one month of rent to be paid for an appeal, then no monthly payment is needed to sustain the appeal, correct?

[@LandlordAttorney]

Really what matters is what the judge orders in that final judgment. There is no one way that all JP Judge's handle these cases. Generally, if rent is involved and an appeal is filed this way, rent will likely be owed.

[@igibon8]

I am a landlord at Georgia. I rented my house to real estate agent for two years lease. She just paid partial payment of a month rent and deposit and then stop paying rent. It’s have been 5 months. She also want to help her apply for rent assistance in Georgia. She just made all kinds of excuses and stopped communicating eventually with me also finding a lawyer for her eviction. Do you have have any good advices for me when I appear at the court to evict this renter.

[@LandlordAttorney]

As I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction procedure in your state, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your case with them. Best of luck to you!

[@thatdudeoverthere9382]

Question for you Mr. Garcia, I live in Texas and I just filed for an appeal of my eviction with the JP court. I filed for the Pauper's Affidavit and paid the necessary cost of rent to perfect my appeal and retain possession because my case is due to nonpayment of rent. I'm seeing information online that says once I file the appeal, I have to send notice to the landlord that I've filed the appeal. However, I contacted the JP court (more than once for clarity) and they stated that once I file, they'll send notice to the landlord that I've filed an appeal. They even told me that I do NOT have to notify my landlord I appealed because they are doing it, and they told me that more than once. I contacted them multiple times about the matter to make sure I understood how to proceed in the appeal process correctly. So here's my question (actually a multi-part question regarding one general concern): Do I need to send notice to the landlord that I've filed an appeal, even if the JP court notifies the landlord I've appealed? Or... Am I not required to notify the landlord I appealed if the JP does so? Or... If I am required to notify the landlord of the appeal, REGARDLESS of whether the JP does or not, would I need to have proof that I notified the landlord of my appeal by the time the case goes to county, such as certified mail? I apologize if the question appears too broad and I'm happy to clarify anything if need be. Thanks!

[@LandlordAttorney]

You are under no obligation to notify the landlord at this point. It is something you can do as a courtesy, but the obligation to notify is technically on the court. You may send notice to the Landlord if you would like, but deciding not to should have no effect on your case.

[@thatdudeoverthere9382]

@@LandlordAttorney Thank you for your response! One more general concern... I heard from the JP court clerk that after the appeal is filed/perfected, it'll be about a week before hearing from county through mail on when I have to file my answer, as I didn't file one in the JP court. In your experience, if this is true, does this represent a rough estimate of when I'll hear from county through mail after the JP court transfers the case to county? Or would I need to contact county regularly to find out when I have to file my answer/when the county court date is. Thank you so much for your speedy response and the great information!

[@LandlordAttorney]

@@thatdudeoverthere9382, you should receive information about the new County Court case number and court number (if your county has more than one county court) through the US Mail soon. It should inform you of your need to submit a written answer to the court. This answer, by the way, will need to be shared with the Landlord.

[@thatdudeoverthere9382]

@@LandlordAttorney Thank you for all the great info. Peace and blessings to you!

[@unknown-by9kf]

How is your appeal going?

[@SD-rq4ug]

Hi Say a buyer purchases a house as is. However it was noted that it would be vacant at the time of closing. The sale went through but the house was not vacant. Supposedly the tenant didn't know the house was being sold. The buyer does not want to be a landlord. The buyer wants to flip it. The buyer files rule to vacate. The tenant ask to reschedule. The case is reschedule and The buyer file writ of ejectment and warrant of ejectment. The buyer wins the case. The tenant files a bond to stay and pay court fees for the filing. Now there is an event scheduled 6 days away termed bond to stay. my question is what to expect now? The background on this is the tenant has a drug illness and harbors drug dealers and the house itself is use as a drug den. Also the tenant has several cases of evictions against her. She has lost all eviction cases. The seller was summoned and a police detective has also been summoned. How can the buyer win?

[@LandlordAttorney]

This sounds like a situation that may be outside of Texas. If so, you will want to discuss these facts with a local attorney. I would not be able to explain the eviction procedures applicable in another state.

[@SD-rq4ug]

@@LandlordAttorney thank you.

[@armandozacarias1552]

Ty sir

[@LandlordAttorney]

You're welcome

[@hollyxie4059]

Great information.

[@LandlordAttorney]

Thanks so much for your input.

[@rebeccawatts901]

If I'd only known about a tenant's ability to appeal by filing an "Inability to Pay by Filing an Affidavit". I did "Not" appeal the Tenant's "Inability to pay form" she filed fees, etc. Let me say that I take full responsibility in this situation because I should have done more research, etc on the Eviction Process. I inherited many rentals after my Mother's death. I found your channel a few days afterwards which was SO useful to me! Usually, after loosing the initial hearing, tenants don't file any type of an appeal but this tenant did even after not even attending the initial Eviction Hearing. She filed the appeal on the last day prior to my day to file for my Writ of Possession. I didn't miss any of the deadlines as required by the JP Court. The tenant also filed a Small Claims CASE against me in Civil Court on the same date for Retaliation, etc. She had the JP Clerk overwhelmed with all of the documents, etc. (No fees required as she was found indigent (by her approved sworn "Inability to Pay Form") and all required a Court Case number assigned and hearing date, etc. So I was working with two cases at the same time along with tenant filing on me for Writ for Restoration of Utilities! What a nightmare! Of course, I hired a local attorney to represent me; and on September 27th, 2021, I got my Writ of Possession served and she was strongly advised to get out or she'd be assisted out. She reluctantly got out and off my property and I took possession my property! Yet, I had to "hire an army" to remove her possessions and put on the corner. She hadn't packed much and we couldn't believe one could have that much stuff in such a small house. I didn't file the EVICTION for failure to pay rent. She was distroying my property and wouldn't allow access as she padlocked the door and refused to provide me a copy of the key, etc. I am relieved today. I'm not going to say it's over just yet! She definitely has had prior experience with the Eviction Process! Thank you for your time and and such an informative channel for landlords, Sir!

[@MariaHernandez-ds6fb]

Do you have any books that you recommend to get more information on the rights of the landlord in Houston Texas?

[@LandlordAttorney]

Actually, I'm in the process of writing one myself...

[@MariaHernandez-ds6fb]

@@LandlordAttorney Yay, Best of Luck. I like the way you explained.

[@LandlordAttorney]

@@MariaHernandez-ds6fb I appreciate that a lot. Thanks.

[@itsbernice317]

But how do I know IN TIME that when is the deadline for the tenant to make deposits in the registry, given the fact that, as landlord, I typically only have one day to take action of ordering the writ of possession?

[@LandlordAttorney]

In Texas, there is usually a written order from the JP that establishes the payment deadline. Consult the court.

[@itsbernice317]

@@LandlordAttorney I see. Thank you as always, Mr. Garcia!

[@LandlordAttorney]

@@itsbernice317 You're very welcome!

[@FreLitqa]

What if the tenant files paupers bond but pays the back rent in full to the court? Also does my tenant have to leave if their lease is up but they are in the appeal process?

[@LandlordAttorney]

Your Notice to Vacate is active throughout the Eviction process. Some tenants leave early in the process and some require you to purchase a Writ of Possession to have them physically removed. If the tenant has paid everything into the Court's registry, that's set up to protect you the Landlord during the appeal. That doesn't necessarily erase the default of nonpayment committed by the tenant, which required the Eviction in the first place. The court can still give you a judgement for Possession and back rent (including the money in the court registry) so long as you prove up the Eviction during the appeal trial.

[@MariainesVargas-km2fx]

El tenant no se presento en corte, se me otorgo el judgment, el tenant apelo con el pauper's affidavit, no pago la cantidad que tenia que pagar, obtuve el writ of posession pero ahora vuelve a apelar usando el puper's affidavit de nuevo, que puedo hacer??

[@LandlordAttorney]

Si el Inquilino no pagó, debería poder recuperar la Posesión con la Orden (writ). ¿Qué condado es este? ¿Estás en Texas?

[@illbeyourmonster1959]

What if you are on the reverse end of this? You start out renting a place poor and the landlord knows that about 50% of your income goes to rent, then you fall into a good career change situation where you are now making nearly 10X your old income and your landlord now thinks that he is entitled to the same near 50% of your new income?

[@LandlordAttorney]

Like with any business transaction. If you are unwilling to pay the amount asked by the Landlord, you have every right to reject a higher demand for rent and seek out a new Landlord with more reasonable terms.

[@a.m.7647]

can a land lord file an eviction back to back if the judge rules the property uninhabitable in the first court eviction and the land lord does not address the problems?

[@LandlordAttorney]

Depends on the basis of the house condition. In Texas, when there is a casualty loss that renders the home uninhabitable, the Landlord can terminate the lease on that basis.

[@richardrich3185]

On the tenants paupers affidavit, is there anywhere on the paper that says what they need to pay into the J.P. court , or is it on the judgement only.

[@LandlordAttorney]

If the Eviction is based on nonpayment of rent, after filing the pauper's appeal, the court should issue an order to the Tenant regarding payment of rent into the registry.

[@richardrich3185]

@@LandlordAttorney it is nonpayment of rent paupers affidavit . They gave us what she filed. I guess What my question is, how do we see what the court ordered her to pay to the jp. Registry ,(this is jp court district 1 in bexar county).

[@LandlordAttorney]

@@richardrich3185, I'm not sure if the court records are posted online for public viewing. If not, reach out to the court and request a copy of the Court's notice to the tenant with the deadline for her payment into thecourt registry.

[@SongstomyChristmyLord]

My judgment does not state any rent to pay by tenant. This a possession eviction and not a nonpayment eviction. Is the tenant still required to pay rent? If so, how many day he needs to pay it for me to get the writ if possession?

[@joeldallas1794]

Do lease violations play into the standing of a paupers affadavit? Say for example the tenant has 10 violations such as unauthorized occupants, not taking care of the yard, trampoline, etc?

[@LandlordAttorney]

In Texas, the violations of the lease would have no effect on the pauper's affidavit.

[@joeldallas1794]

@@LandlordAttorney Thank you for your response!

[@GoldenServices-zr6hz]

Texas appeal Tenant lost eviction due to other than non payment but also hasn’t paid rent and in the meantime. And it was stated in court judgement that they do so if they want to apeal. Tenant appealed Failed to pay rent to court registry Filed inability to pay Went next day and they said I couldn’t file Immediately writ of possession. What is going on? Hays county

[@LandlordAttorney]

Couldn't say without reading your Eviction judgment, but, generally speaking, if there is no claim for unpaid rent in the Eviction Petition, there is no requirement to pay rent into the court registry during the appeal. If that requirement is in place there is typically an order that reflects this duty. If not, then there's no way to get the Writ of Possession until you secure a final judgment.

[@GoldenServices-zr6hz]

It states” dependent is in debited to plaintiff in the amount of x plus x plus x accruing in the amount of 7.7% until paid and x amount of rent during the pendency of an appeal “

[@GoldenServices-zr6hz]

@@LandlordAttorney It states” dependent is in debited to plaintiff in the amount of x plus x plus x accruing in the amount of 7.7% until paid and x amount of rent during the pendency of an appeal “

[@LandlordAttorney]

@@GoldenServices-zr6hz, is there an order to pay rent on appeal signed by the court? Ask the JP Court clerk.

[@GoldenServices-zr6hz]

@@LandlordAttorney yes, it’s the judgement paper we got after the eviction hearing that states that! Thank you so much! I went back to demand her appeal had to be perfected and the time line had to be respected and the writ was signed yesterday!!!!!!!!! Your video helped get the tenant out!!! Yai! I can’t believe it!

[@MC-mh1rb]

Ok so my question is…. If u file a pauper and the payment isn’t due until the end of the month what time frame is it that you wouldn’t be required to make the next month payment. So my payment is due on the 26th Will I still be required to make it on the 1st

[@LandlordAttorney]

By rule, yes, your rent is owed on April 1 and no later than April 5. The technical problem is that the County Clerk's office may not process the paperwork in time to require you to pay by April 5. I suggest that you gather rent funds ASAP in case the Plaintiff files a motion for immediate Writ of Possession. Be prepared to pay into the registry as soon as you have a new case number from the county clerk.

[@MC-mh1rb]

@@LandlordAttorney ok thanks

[@stephaniesunshine151]

What if my property manager diabled my Resident Payment Portal account one day after her maintenance man delivered to my fiance a Notice to Vacate and per my lease it states rent "MUST BE PAID ONLINE." Property manager is refusing to accept any other form of payment, then files for eviction.

[@LandlordAttorney]

If you can prove that you attempted to pay in some reasonable way but the payment was rejected, you can use that as a defense to a claim for nonpayment (if that was the only instance of nonpayment).

[@stephaniesunshine151]

@@LandlordAttorney It shows that my payment was "RETURNED" because I had insufficient funds, but on the same day I made another payment.

[@stephaniesunshine151]

She began the eviction process because I called Code Compliance here in San Antonio because the managment did not adhere to my service request for mold and it took them over three weeks to fix, they just painted over the mold.

[@LandlordAttorney]

@@stephaniesunshine151 That might serve as a viable defense. You may want to have you facts reviewed by an attorney before your next trial setting.

[@matthewmcclary7855]

If I made a verbal deal to wait for rent, until a settlement the tenant was being awarded by a third party (work comp), and I am loosing patience, can I evict for non payment? Or evict by non renewal of lease?

[@LandlordAttorney]

Generally speaking, in Texas, you should follow your Lease and proceed with eviction if there's no agreement to act otherwise. If there's been a legitimate agreement ("deal"), and if it is legally binding for both parties, you should honor it.

[@brendaolson1443]

I desperately need help. I have no lease . This man moved in and took advantage of my mother who suffered from Alzheimer's. I had a case in superior court. My mother passed away during this time, covid 19 anyways I was unaware it was dismissed so I have to do something about that. He served me an unlawful detained. Due to lack of funds I had to use legal aide . She said there is nothing that can be done so I should agree to stipulation. My daughter n I signed she lied. Please I'm begging for help

[@LandlordAttorney]

Is this a rental located in Texas? As I am only licensed to practice law in the State of Texas, I am likely unfamiliar with Eviction procedure in your state, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your case with them. Best of luck to you!

[@zoraya0779]

I need help with this matter 😩 😫

[@LandlordAttorney]

Are you in Texas? If so, you can call 832-305-7694 to set up a consultation or click here: lawofficeoferniegarcia.as.me/schedule.php

[@zoraya0779]

@@LandlordAttorney Yes I live in san antonio Texas

[@LandlordAttorney]

Great. Please feel free to reach out, and we'll be happy to help lawofficeoferniegarcia.as.me/schedule.php

[@cssbureauofamerica3242]

You are the best, how do we refer people to you?

[@LandlordAttorney]

www.attorneyEG.com 832-305-7694 Or lawofficeoferniegarcia.as.me/schedule.php

[@phoenixtimes2]

Eviction Attorney… wow, what a fulfilling career. I bet you feel good throwing folks out during Covid.

[@LandlordAttorney]

I feel good supporting small business owners. This pandemic has hit a lot if people hard, but we can all work together to get through it. We don't do this work to "throw people out." In fact, many times, we work with tenants to help them transition to more affordable housing, and, when it works out for everyone, yeah, that feels pretty good. 😎

[@phoenixtimes2]

@@LandlordAttorney I see. That’s why there are so many videos you post talking about how to help tenants in evictions. You deal in heartbreak and misery and there is no amount of money worth it to me to do that.

[@LandlordAttorney]

@@phoenixtimes2, this channel identifies me pretty clearly as a Landlord Attorney. I'm not doing anything to hide that fact. If serving Landlords doesn't work for you, that's okay in my book. However, I'm pretty happy helping people out, even if those people happen to be Landlords.

[@TREY_TALK]

​@phoenixtimes2 I try my best to avoid his videos however he is in the algorithms because he Prize himself on tenant pain. Half the landlords in Texas are truly slumlords. He is a thorn in the state assisting slumlords with recovering damages from tenants even when they are innocent. Good land lords hardly see eviction court because they learn to work with tenants even if it means being nice enough and the tenant simply moves. This guy's is a dead beat his videos are absolutely astonishing how he love on pain and suffering. He is definitely a great landlord Mortician assisting g in the death of the poor.

[@stellayu7375]

Very helpful information. Can I still have chance to get back the rents that Tenant paid to the Court if I lose the appeal?

[@LandlordAttorney]

This video of mine explains how landlords can access funds from the Court's registry kzbin.info/www/bejne/paOkdYqAa7aUbJY

[@pattiewilson970]

Does the tenant have to pay for the pauper for court

[@LandlordAttorney]

In Texas, when a tenant appeals an eviction with a Pauper's Affidavit, they may be required to pay rent into the court's registry, but they will not be required to pay additional filing fees.

[@jaleahs3214]

What if landlord doesn’t allow you to pay denying the email link

[@LandlordAttorney]

Check your Lease, it should have a provision indicating the methods of payment. If this method is listed in the Lease as valid, the Landlord cannot deny.

[@nathancollins5822]

What if the judge gave a cash bond in order to be able to appeal?

[@LandlordAttorney]

The Cash bond is set as security into the Court's registry to protect a Landlord who has otherwise won a judgment for unpaid rent. These funds are paid into the Court’s registry so that upon Appeal when the Landlord wins the case, they’re able to exercise their judgment, collect what is in the Court's registry, and apply that as a credit toward the judgment on the day of Trial.

[@princessruth9155]

right on ernie very helpful love ur strategy of following what tenant may do. know the problems fix them first. aloha

[@LandlordAttorney]

I'm glad you've found our content helpful!

[@davidnewton1499]

​@@LandlordAttorney

[@davidnewton1499]

How do you know if landlord has filed a writ

[@LandlordAttorney]

@@davidnewton1499 the court should be able to confirm that.

[@markgaines6058]

Landlord sold house,how long do I have to evict

[@LandlordAttorney]

Is there a written lease in place, and, if so, is there a current term beyond a month-to-month agreement?

[@user-tz3pf6om1w]

Can things be resólved duriñg this time, such as reasoñable accomodations in hospice çare (downstairs 1 bed affordable) apt

[@LandlordAttorney]

It is my understanding that your condition requires constant care. If so, I suggest that you contact the Justice Court in Dallas now for information on assistance for housing available for someone in your physical condition.

[@aubreysavaria1777]

Thank you for your videos! Is this process applicable to any state?

[@LandlordAttorney]

Thank you, I appreciate your feedback. I cannot speak for every state, but as I am licensed in Texas, the content appllies to any city in the great state of Texas.

[@alfredoaguirre9910]

The law need to change if the Tenant do not pay the rent out immediately. If the judges give more time to th8s trash people the judges need to pay the rent. That's why th8s trash people abuse the corrupt system