Like all legal proceedings, eviction suits can be expensive undertakings. Attorneys’ fees are a large component of legal expense. For this reason, landlords and tenants frequently seek to recover fees from the opposing party to an eviction action. Recovery of fees by the prevailing party is not automatic. Instead, such awards are governed by Section […]
The Texas Apartment Association has published an excellent reminder of the permissible ways to deliver notice to vacate to tenants prior to filing an eviction suit. I wanted to share this fabulous resource. Reminders regarding delivery of Notice to Vacate forms
Landlords, property managers, attorneys and even judges are CONFUSED. Lately, this confusion has resulted in an epidemic of botched evictions. Observing these losses stings because they regularly occur in cases where tenants have failed to pay rent. Bad tenants are getting away with non-payment and being allowed to remain in the rental premises every day. This is […]
I frequently field questions from landlords and property managers about the shelf life of writs of possession. Most inquiries relate to how early a writ can issue following an eviction judgment.* A surprising number of people ask how long after judgment the writ process may be utilized. This post focuses on the second inquiry. WHY […]
A STARTLING DISCOVERY Today I appeared in court on behalf of a property manager who filed an eviction suit after finding their listed (and recently vacant) property occupied. The discovery was made when the manager took a prospect to the property for a showing. Boy, were they were shocked to find the locks changed, and […]
NON-PAYING TENANTS AND THE STRESS THEY CREATE Few things cause landlords as much stress and turmoil as do non-paying tenants. Indeed, the whirlwind of expense and emotion caused. by a tenant who expects a “free ride” can lead landlords to extreme measures. When they cannot collect rent, some landlords seek to exert pressure on tenants […]
Most eviction litigants know that Justice Court Judgments may be appealed to the County Court. These appeals are de novo (i.e. new; as if the Justice Court had not rendered a decision). See Texas Rule of Civil Procedure 509.8(e). Fewer people know that some eviction judgments entered by County Courts can be appealed to courts […]
The short answer is: Yes.” A “squatter” is one that settles on property without right, title, legal claim or payment of rent. Squatting is common throughout the world. Indeed, author Robert Neuwirth suggested in 2004 that there were one billion squatters globally. He forecasts there will be two billion by 2030 and three billion by […]
Often a landlord’s excitement at successfully evicting a non-paying tenant quickly turns to despair and frustration. This usually happens when the non-paying tenant files an appeal. Tenant eviction appeals undoubtedly result in delay of the landlord recovering possession of the rental premises. However, appeal should not result in the landlord losing additional rent while the […]