San Antonio Eviction Lawyer – Eviction Attorney for Landlords

A CURIOUS CASE: ARE THESE SQUATTERS PREDATORS OR PREY?

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 […]

Landlord May Not Interrupt Tenant Utilities

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 […]

Limited Appeal of County Court Eviction Judgment

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 […]

Are Squatters Entitled to Pre-Eviction Notice?

The sort 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 […]

Tenant Must Pay Rent During Eviction Appeal

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 […]

Tenant Can’t Pay Rent, Hires Attorney to Fight Eviction?

 Is there anything more frustrating than this for a Landlord? Your tenant has not paid rent, and claims that they have no money.  You are forced to throw good money after bad by filing an eviction suit. Suddenly, a lawyer appears on behalf of the tenant, and is ready to fight the eviction. Sometimes, the first […]

Video Tutorial – Notice to Vacate – Landlords Must Get it Right!

Texas law mandates that Landlords provide tenants written Notice to Vacate before filing an eviction suit.  This notice (NTV) must be delivered at least 3 days prior to filing the Eviction Petition in the Justice Court (unless a different period is agreed upon in the lease). Texas Property Code Section 24.005 governs the method of […]

Check Out My Educational Video – Why Landlords Must Name All Tenants in an Eviction Suit

Texas Rule of Civil Procedure 510.3(c) requires Landlords to NAME as Defendants (and SERVE) all tenants named in the Lease. Reliance on the language “and all occupants” is not good enough. When the Landlords fails to name a Tenant identified in the lease as a defendant in an eviction suit, that suit is usually dismissed. […]

The #1 Mistake Landlords Make In Eviction Suits

I see it every time I appear in Justice Court.  An unwitting, pro se Landlord loses his eviction case based on insufficient Notice to Vacate (NTV). The culprit is almost always one of the following: Failing to properly deliver the NTV at least 3 days prior to filing the eviction petition; OR Failing to produce […]