All you need to WIN an Eviction case

There's no need to tell an epic story. For a Landlord to win in an Eviction case, you need to stick to the legally operative facts. There's no need to share every possible detail about your tenants and just how many time you "gave them another chance" or how many times they said, "I'm definitely going to pay the rent on Friday." If you know precisely what the court needs to know to grant your eviction judgment, you're likelier to get the result you want.

"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.

Call or Text: 832-305-7694

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.

[zazzie]

Even though I live in California, I do not miss your videos. Why? Your videos are very educational, revelant and packed with useful information. Just like the info you presented in this video about the 10 day notice that includes court and attorney's fees language. Would have never known this type of notice maybe a possibility for me to use here in California, with some research, of course. Always look forward to your videos. Thank you.

[ArgeliaRamos-ntlh]

Earnie, your information is very clear and useful. Thank you.

[defender]

I found today's video helpful. Thank you

[kimberly_neville]

I am having to deal with learning how to do an eviction for the first time. I don't live in TX (I live in FL), but all of the points you made in this video make perfect sense no matter what state you are in. Thank you for your advice, and helping people in this way. I'm going to watch some of your other videos and see if I can find some other bits of wisdom, because to say I'm feeling overwhelmed would be an understatement.

[bjsongster]

Dear Ernie,
I see why you probably win most of your cases! Thanks for being so clear and pragmatic!
I have a fear of going to court since I’m not a lawyer so why not just hire a lawyer, especially since all costs incurred in enforcing my lease is to be paid by the tenant! Done!
I like hiring a pro like you to give me the best chances of winning! Also, the threat of using a lawyer may produce the results you want as well!
Thanks again Ernie, I wished you were in Tennessee, I’d hire you in a heartbeat!
Thanks again for sharing your vast knowledge!
Your friend,
Barry

[LostOnLandAgain]

Thanks! I didn't realize the 10 day notice was required to ask for attorney's fees. But I guess the attorney would know that. :)

[amiibunc]

This video is very helpful for what landlord need to provide for the eviction court case. Thank you so much. I very appreciate for sharing the info 🙏

[fstfwd]

Question: I am buying home and property that has a tenant that has been in the home for 3 years and refused to pay rent to the previous landlord, therefore he has stopped paying the property tax on it and I will be paying this off and taking the property, this man is very ill, blind and disabled and she took advantage of the situation..what can I do? This is in Texas. I know there is a loophole somewhere in this equation to get her out easily, quickly and effectively

[dianabrown]

I lived in a Hud Subsidy Cooperative for 16 years.
The Property Manager added
a benefit claim number to my annual recertification. I don't have a household member. I am single and live alone. She terminated my subsidy assistant payment because I refused to signature HUD documents that are for me and another SSN added to it. I am being charged a market value of 666.00 per month. I learned who owns the SSN. The property manager refused to correct the error after being notified by the owner. I am in court for nonpayment of rent. I have paid for a jury trial. I refused to pay based on her word of mouth. I ask for documents provided the amount I'm obligated to pay. Her attorney asked for more time. It is 2 months. I have to hire a paid attorney to represent me for trial.

[Theodora-eqqq]

I'm a tenant. My landlord never had a certificate of occupancy and no business license. I've lived here three years. Rent is paid on time. I've been given an eviction notice unlawful detainer. I receive section 8. Landlord has breached the contract. Landlord is collecting government money with intent of not telling the government they have an illegal building. I've been unable to use my reasonable accommodations. Code enforcement is unable to assess because it's not legal

[YM-wjdr]

If all tenants are given a notice of eviction stating "Change of Use" as the reason, contact a tenant attorney before vacating the units. This reason is often used when building owners want to increase the rent more than allowed by CA Rent Control. An attorney will check to verify that the owner has submitted required paperwork with local government offices for the Change in Use of the building.

[pzafamily]

Fantastic advice thank you sir, very helpful indeed

[thetruthserum]

In TX, please cover the month to month lease and the "Unconditional Notice to Quit". So, for example, if the landlord wanted to move back in to the property, and the lease was month to month, the landlord can issue a 30 day notice to vacate, without cause. This means that no violation of the lease has occurred, and the landlord simply wishes to take possession of the property. This would be the same for a live in room mate where the landlord lived on the premises, and the roommate refuses to leave. Correct me if I'm wrong...

[cheriwaln]

My father passed away. While he was alive he allowed a girlfriend and her friend / boyfriend to live there in the house with him. After he passed away I as his next of kin and legal representative / executor of his estate and going through probate, having the legal documents signed by the judge was left to have to evict them In order to secure the property and because I’d be liable should anything happen to his things and the property. They told the judge at a hearing after I tried to just have them ejected that they had a verbal agreement with my dad so I had to serve them a 30 day notice to vacate and now turn in a rule to vacate form in order to vacate them . I’ve followed the law of corse by stating that there tenancy has ended and that I do not wish to be a landlord of this property. My question is can they fight me on this or us this an eviction that the judge should automatically rule in my favor the plaintiff ?

[bonniej]

House joint resolution 192-public lost 73 to 10 states that the government is supposed to pay for all of our utilities and rents. It was approved June 5th 1933 31 USCA 462 and 463
And also it's under house joint resolution 192 73rd Congress session 1 chapter 48 on June 5th 1933 under public law number 10

[crochet]

If you don't pay your mortgage, you got kicked out by your lender. I don't understand why tenant can stay without paying

[therealdiamondnoelle]

Hi Ernie, I would like to ask a question. I Just moved in the apartment October 2023. That rent was paid. And November was paid. November 22 I had emergency surgery and I was not able to be home for almost 2 months. I also was out of work during that entire time and it was signed off from a doctor. December 2023 and Jan 2024 was not paid due to being out of work. When I got home the first week of January there was an eviction letter on my door and the response time had passed.

P.S. I was in contact with the apartment complex office since December 4 telling them about my situation and no one responded to me until December 22 . She said everyone else left and no longer works there and that she was out on PTO. What can I do?

[_Eunice_]

What should one do when the landlord game a notice a week before to leave the house and she is trying to harass us by entering my room when am off to work

[visionsofparadise]

I'm dealing with this right now. The tenant's personality is irrelevant when it comes down to the real issue. They signed a contract/lease but now refuse to pay any rent. The tenant can whine and complain and make excuses all they want, but it makes no difference. They signed a contract and they need to live up to it. They have a lease, but they have breached the lease due to non-payment. They have been given notice twice and have ignored it both times. Eviction and damage are apparently two different things. You evict, and then you can pursue for damages/fees/etc. later. Sadly, the courts these days are only interested in the tenant's rights, and screw the landlord. My tenant is pretty much trashing the place just to get back at me for asking them to pay rent. It has been months, and the courts are still just sitting on it.

[videogametherapy]

Landlord wants me out just because he wants to now illegaly rent out the attic .... nobody walking thru my apartment and or sharing my bathroom and tenants do deserve these rights