Check out My New San Antonio Evictions Attorney Website

San Antonio Eviction Lawyer - Bexar County Eviction Attorney - Trey Wilson Attorney in San Antonio, Texas wrote:

I'm proud to announce the launch of my new website dedicated to my practice as a San Antonio Evictions Attorney.  Come visit at www.SanAntonioEvictionLawyer.com

Thanks in advance for stopping by.

Check Out my Video Short for San Antonio Eviction Lawyer

San Antonio Eviction Lawyer - Bexar County Eviction Attorney - Trey Wilson Attorney in San Antonio, Texas wrote:

When 3 days is Not Enough Notice - Notice to Vacate/Notice to Quit

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

Usually by the time a landlord brings an eviction matter to me,  she has already issued a Notice to Vacate to the tenant. Most often, this Notice provides the tenant with 3 days to move, failing which, they will be evicted.

Unfortunately, however, 3 days is not always sufficient time for a notice to vacate under Texas law.

Texas Property Code Section 24.005 provides the requirements of a Notice to Vacate. This law holds:

(a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.

(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days' written notice to vacate before the landlord files a forcible detainer suit unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. 

Obviously, this statute does NOT apply to the following non-exhaustive set of circumstances:

• A monthly (month-to-month) tenant who has not breached;
• Some former owners who have lost the property to foreclosure; or
• A tenant who has not breached a lease agreement or held over (but for who the landlord desires to terminate occupancy).

Since proper notice to vacate is JURISDICTIONAL, a court CANNOT order a tenant to vacate or surrender possession if a landlord has not supplied proper notice. As such, if the notice required in a given landlord-tanant or occupancy situation is unclear, the property owner should contact an experienced eviction lawyer.

Whether a Tenant or Landlord, You Never Want to See This on Your Door!

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

Whether you're a Landlord or a Tenant in San Antonio, having a notice like this posted on your door by the Bexar County Sheriff means that your eviction lawsuit has not ended peacefully. 

Texas Property Code Section 24.0061 entitles a landlord who prevails in an eviction suit to a Writ of Possession, and requires that such writ order the officer executing it to:

(1) post a written warning of at least 8-1/2 by 11 inches on the exterior of the front door of the rental unit notifying the tenant that the writ has been issued and that the writ will be executed on or after a specific date and time stated in the warning not sooner than 24 hours after the warning is posted; and

(2) when the writ is executed:

(A) deliver possession of the premises to the landlord;

(B) instruct the tenant and all persons claiming under the tenant to leave the premises immediately, and, if the persons fail to comply, physically remove them;

(C) instruct the tenant to remove or to allow the landlord, the landlord's representatives, or other persons acting under the officer's supervision to remove all personal property from the rental unit other than personal property claimed to be owned by the landlord; and

(D) place, or have an authorized person place, the removed personal property outside the rental unit at a nearby location, but not blocking a public sidewalk, passageway, or street and not while it is raining, sleeting, or snowing.

Eviction Lawsuits in San Antonio, Texas

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

If a tenant refuses to surrender possession of real property after a proper, written demand for possession by one entitled to such possession, the tenant commits a forcible detainer. TEX. PROP. CODE ANN. § 24.002 (West 2000); see Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 915 (Tex. 2013); Kennedy v. Andover Place Apartments, 203 S.W.3d 495, 497 (Tex. App.—Houston [14th Dist.] 2006, no pet.). 

The purpose of a forcible detainer action (also known as an eviction lawsuit) is to determine who has the right to possession of the premises. Marshall v. Hous. Auth. of San Antonio, 198 S.W.3d 782, 785 (Tex. 2006); McGlothlin v. Kliebert, 672 S.W.2d 231, 232 (Tex. 1984). By law, a forcible detainer action must be filed in the Justice Court in the County and precinct in which the property is located.

“To prevail in a forcible detainer action, . . . the plaintiff must present sufficient evidence of ownership to demonstrate a superior right to immediate possession.” Dormady v. Dinero Land & Cattle Co., L.C., 61 S.W.3d 555, 557 (Tex. App.—San Antonio 2001, pet. dism’d w.o.j.); accord Rice v. Pinney, 51 S.W.3d 705, 709 (Tex. App.—Dallas 2001, no pet.). 

A plaintiff may demonstrate its superior right to possession by showing it is entitled to evict the tenant for cause, such as under the terms of the lease. See Hinojosa v. Hous. Auth. of Laredo, 940 S.W.2d 763, 765–66 (Tex. App.—San Antonio 1997, no writ); Barajas v. Hous. Auth. of Harlingen, 882 S.W.2d 853, 855–56 (Tex. App.—Corpus Christi 1994, no writ). In addition, a Plaintiff may demonstrate his ownership and right to possession by presenting a deed reflecting title to the property.

83 Year Old New Hampshire Woman Facing Eviction

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:  Here's an eviction story from New Hampshire that is making national news.

83-year-old NH woman awaits court eviction ruling

By LYNNE TUOHY, Associated Press |

ALSTEAD, N.H. (AP) — Shelley Crosby — with no legal training but plenty of passion — stood before the justices of New Hampshire's highest court arguing why her 83-year-old mother should not be evicted from the modest Alstead trailer she has called home for nearly 30 years.

"Thank you for giving me this opportunity to fight for my mom," she began at the November hearing.

Crosby, who researched the Supreme Court's rules at the library because she doesn't have a computer, hopes for a reprieve for her mother, Leona Berger, in her two-year battle with the cooperative that operates the 20-unit trailer park.

The justices did not say when they would issue a ruling in the case that is the talk of this small town of 2,000 residents just north of Keene.

The board of selectmen even held up approval of a $400,000 grant for a well system at the trailer park for nearly half a year hoping to leverage a deal with the Well Hill Cooperative to keep Berger in her home. The board abandoned that fight this week.

"I thought I had the opportunity to use the bully pulpit a little," board Chairman Mike Jasmin said Tuesday. He said all he asked is that the cooperative give Berger the opportunity to buy the trailer she has restored and rented for more than 28 years.

"Nobody's asking for Leona to get a free ride, just tell her the price of admission," Jasmin said.

Berger's ordeal began in August 2011, when she received notice that the board was going to increase her rent from $400 to $900. Crosby became her mother's advocate and negotiated the rent to $575. Berger had to sign a lease for the first time — a lease the board opted not to renew a year later. They sent an eviction notice instead, effective September 2012.

Crosby and her mother hired a lawyer to fight the eviction at the district court level, where a judge ruled the board had the right to obtain and sell the rental property. Crosby took over when their lawyer declined to appeal the ruling.

The Supreme Court at first rejected her petition to appeal, but she successfully filed a motion for reconsideration in March

At the hearing, Supreme Court justices were incredulous that the cooperative's board of directors first tried to more than double Berger's rent, then sent her an eviction notice without giving her an opportunity to buy the trailer or extend her lease. The lawyer for the cooperative's board of directors said it was a business decision.

"They can't sell it with her in it," lawyer William Pribis told the justices at the Nov. 13 hearing.

"They could sell it to her — that would be very efficient," said Chief Justice Linda Dalianis.

Robert Phinney, chairman of the Well Hill board of directors, said media reports that he wants Berger out of the park are "totally off-base."

"It's a business decision, so the park doesn't have responsibility for taking care of the house anymore," Phinney said Tuesday. He wouldn't say why the board hasn't offered Berger a chance to buy the house.

Crosby says the board is "bullying" her mother.

"I don't think Rob Phinney ever, ever anticipated he was barking up the wrong tree when he started barking up mine," Crosby said.

Crosby said Tuesday the stress is making her mother ill.

Berger — seated in her living room weeks after the arguments — said the legal fight "has taken years off my life. That's what makes me want to scream."

Berger and her husband, Bernard — a tractor-trailer driver — transformed the trailer's lot into a landscaped lawn and refurbished its dilapidated interior, Berger said. When he died 14 years ago, it reinforced her attachment to her home.

"We bought everything to fit this house," she said. "It's almost like I've been here forever."

Bexar County JP Precinct Boundaries to Change -- Be Careful WHERE you file your San Antonio Eviction

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

Justice of the Peace Court Changes

On November 5, 2013, the Bexar County Commissioners Court  approved redistricting the Justice of the Peace and Constable precincts to balance the caseloads in each precinct. 

The Court also voted to add a half-time justice of the peace position to each precinct to better serve the growing population.

The redistricting becomes effective at 11:59 p.m. Nov. 8, 2013. 

Residents with upcoming cases in a JP court will receive a postcard letting them know to which precinct they should report. Residents who need to file a civil matter can see if their precinct has changed by using the My Bexar Community Dashboard mapping application at http://map.bexar.org/community.

Please note: As of Nov. 12, 2013 Justice of the Peace Precinct 1 Place 1 will no longer be located downtown. 

All Precinct 1 Justice of the Peace matters will be handled at the Precinct 1 Satellite Office, 3505 Pleasanton Road, San Antonio, 78221. All other Justice of the Peace offices remain in their current locations.

If you need to appear before the Justice of the Peace or need to pay in person, then the first digit of the case number designates the precinct number as follows:

• 1 and 5 for Precinct 1
• 2 for Precinct 2
• 3 for Precinct 3
• 4 for Precinct 4

If you need to file a civil matter and are not sure in which precinct you live, you can use the My Bexar Community Dashboard  to find your precinct.

By Popular Demand: LINK TO NEW TEXAS EVICTION RULES

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

As I have written before, a new set of Rules of Procedure apply in Texas eviction cases (as of 8/31/13).  The Rules typically apply to all cases pending and/or filed on or after 8/31/13.

Here is a link to the new Rules.

Cockroaches Lead to Eviction in Brownsville?

San Antonio Eviction Lawyer Trey Wilson wrote:

A Brownsville family who reported their landlord's failure to fumigate for roaches to a local TV station now find themselves facing eviction. The landlord claims that they failed to pay rent, but they seem to have receipts showing payment.

Watch the disgusting video here.

Another "Celebrity" Eviction: Heidi Fleiss evicted from Las Vegas pet grooming business

San Antonio Eviction Lawyer Trey Wilson wrote: Yet another "celebrity" eviction

Heidi Fleiss has been ordered to vacate her Las Vegas pet grooming business.

The former "Hollywood madam" was served with an eviction notice on November 21 by the landlord of the building where she houses her Dirty Dog Laundry shop, claiming that she had fallen behind on rent and turned the property into "a dump".

However, according to TMZ, Fleiss has yet to leave the premises and insisted that she has not been there in months. Fleiss said that she allowed a friend to look after the business after she gave up on it in order to move back to Los Angeles.

The building's landlord has reportedly revealed plans to clean out the property himself if Fleiss does not leave of her own accord.

Courtney Love Being Evicted from Posh NY Apartment -- Behind on $27,000 Monthly Rent?

Courtney Love asks judge to toss West Village landlord's eviction bid - NYPOST.com

San Antonio Eviction Lawyer Trey Wilson wrote: Another one for the "Celebrity" eviction file...

Really???? Courtney Love has a $27,000 a month apartment in New York? I don't even know what she does anymore, other than be the widow of Kurt Cobain (about which she is apparently writing a book). In any event, her landlord says she's behind in her $27,000/month rent.

Defending An Eviction Appeal Based Upon A Pauper's Affidavit

San Antonio Eviction Lawyer Trey Wilson wrote:

It is a sad fact that many Tenants facing eviction are "pros" at living rent free for as long as possible. As a lawyer with an active eviction practice in San Antonio, my Landlord clients have all-too-often been deflated when a Tenant appeals an eviction Judgment using a pauper's affidavit. Frequently, such an appeal adds insult to injury and results in additional time with a non-paying Tenant living in the property.

Texas Rule of Civil Procedure 749a provides:

If appellant is unable to pay the costs of appeal, or file a bond as required by Rule 749, he shall nevertheless be entitled to appeal by making strict proof of such inability within five days after the judgment is signed, which shall consist of his affidavit filed with the justice of the peace stating his inability to pay such costs, or any part thereof, or to give security...

Tenants familiar with the process will frequently use this Rule to appeal a Judgment granting a Landlord possession of the rental premises, and do so for FREE. They know how the "game" is played, and frequently know that operation of Rule 749b allows a tenant/appellant who has appealed by filing a pauper's affidavit in a nonpayment of rent forcible detainer case a "to stay in possession of the premises during the pendency of the appeal."

In plain English, this means that the Tenant who properly files an appeal using a Pauper's Affidavit can remain in the property until the appeal is decided by the County Court at Law. Often, they remain in the rental property even though they may have not paid rent in months, and even though the Justice Court already ruled that they are not entitled to possession! This arrangement absolutely gives rise to abuses, and, in my opinion, needs to be changed!

Fortunately, however, a tenant/appellant's right to stay in the property during the appeal is not absolute. Rule 749b provides for certain conditions that must be met in order for the tenant to retain possession. Two very important obligations involve the payment of rents that come due during the appeal.

(1) Within 5 days of the date that the tenant/appellant files his pauper's affidavit, he must pay into the justice court registry one rental period's rent (generally one month) under the terms of the rental agreement; and

(2) During the appeal process as rent becomes due under the rental agreement, the tenant/appellant shall pay the rent into the county court registry within five days of the due date under the terms of the rental agreement.

Notably, a Landlord can withdraw any or all rent in the county court registry -- even while the appeal is pending -- upon presenting a sworn motion and having a hearing before the County Court at Law Judge.

Rule 749b also provides Remedies to a Landlord when the Tenant/Appellee fails to pay rent during the appeal (as described above). Specifically, if the tenant/appellant fails to pay the rent into the court registry within the prescribed time limits, the Landlord/appellee may file a "notice of default" in county court. Upon sworn motion by the appellee and a showing of default to the judge, the court shall issue a writ of restitution, which gives IMMEDIATE possession of the property to a Landlord.

Very often, a tenant familiar with this process is able to "pull a fast one" by appealing with a Pauper's Affidavit, and then never paying any rent or actively prosecuting the appeal. This inevitably results in an extended, free stay in the property, and financial harm to the Landlord.

A vigilant Landlord should be aware of the strict procedural and time requirements related to eviction appeals, and consider hiring an attorney with experience in the eviction and eviction appeal processes. An astute attorney can minimize the additional financial losses attributable to a deadbeat Tenant who abuses the Pauper's Affidavit appeals process.

No Writs Out of JP 2 During the Christmas Season!

San Antonio Eviction Lawyer Trey Wilson wrote:

This sign was posted at JP Precinct 2 today!

Excellent Landlord Tenant Guide Now Available

San Antonio Eviction Lawyer Trey Wilson wrote:

Please click the link below for an excellent resource compiled by Judon Fambrough of the Texas A & M Real Estate Center. Mr. Fambrough is a distinguished real estate law expert, and has written many publications upon which I rely in my daily practice. This guide provides easily-digestible summaries of the Texas Property Code sections applicable to landlords and tenants:

Landlords and Tenants Guide

What Evidence Does the Court Consider in An Eviction Suit?

San Antonio Eviction Lawyer Trey Wilson wrote:

In preparing for an eviction trial, careful analysis of the nature and types of evidence the court will consider is important. The types of evidence admitted at eviction trials largely depends on what the Landlord/Plaintiff has alleged in their Petition (lawsuit papers).

In almost all eviction trials, the Court will review and consider the following:

1. The parties' rental agreement (written lease, lease amendments, etc.);

2. Evidence of the tenant's rental payments (or lack thereof), including cancelled checks or a payment accounting;

3. Evidence, including photographs, supporting the Landlord's allegations as to other lease breaches (unauthorized occupants, damage to the premises, evidence of neglect); and

4. Evidence that the Landlord delivered to the Tenant proper "Notice to Vacate" prior to filing the eviction suit.

In cases where the tenant is claiming that she is excused from payment based upon "repair and deduct" remedies, records of repairs (and payment for same) are also considered, as are the written notices between the landlord and tenant concerning the need and demand for such repairs.

When strategizing for trial (or seeking the counsel of an attorney) a party to an eviction suit should assemble all relevant documents, while those not "on point" with the Landlord's petition should be set aside.

Which Texas Laws Govern Eviction Suits?

San Antonio Eviction Lawyer Trey Wilson wrote:

As a lawyer with an active eviction practice in San Antonio, I'm often asked (mostly by other lawyers) where the Texas laws and/or Rules governing evictions can be located. Truth be told, they aren't all in one place, and some cross-checking is required to get the comprehensive picture.

Generally speaking, the statutes governing Forcible Entry & Detainer (including eviction) suits can be found in Chapter 24 of the Texas Property Code.

However, there also exist a detailed series of Rules governing the filing, trial and appeal of eviction suits located in Part VII, Section 3 of the Texas Rules of Civil Procedure. These Rules (738-755) are specific to the procedure to be followed in the Justice and County Court at Law courts where eviction suits are tried and considered on appeal.

Other relevant provisions include Title 8 of the Texas Property Code, which includes Chapter 91 (general provisions applicable to landlords and tenants), Chapter 92 (governing residential tenancies), and Chapter 93 (governing commercial tenancies). and Chapter 94 (governing manufactured home tenancies).

All relevant statutes and rules should be reviewed prior to proceeding with an eviction, so as to avoid falling into a procedural trap or running afoul of any of the applicable provisions.

Eviction Appeals to County Court at Law Are Subject to Expedited Trial

San Antonio Eviction Lawyer Trey Wilson wrote:

Often, a tenant who loses possession of a rental property following an eviction trial in the Justice Court will perfect an appeal to the County Court at Law. Though often frustrating to the landlord, the right of appellate review is a fundamental component of our judicial system.

However, appeal of an eviction Judgment to the County Court at Law need not unreasonably delay the landlord's right to possession of the property, as awarded by the Justice Court. This is especially true where frivolous appeals are filed solely for the purpose of a tenant "buying time" to vacate the premises, which is inevitable. That's because Texas Rule of Civil Procedure 753 provides for a rapid trial of the appeal "at any time after the expiration of eight full days after the date the transcript is filed in the county court."

In most other types of cases, at least 45 days' notice of trial is required. However, in adopting Rule 753, our judicial system recognized the need to counter-balance a tenant's right of appeal with a landlord's right to receive rent (or at least obtain a quick resolution as to the right of possession).

Rule 753 is an important provision whose practical effect prevents unscrupulous tenants from abusing the right of appeal by providing for a quick trial. It shouldn't be overlooked by the landlord-appellee or her lawyer when strategizing the defense of a tenant's appeal.