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.

Good News Report on Eviction Laws - KSAT 12

http://m.ksat.com/news/new-law-makes-eviction-of-bad-tenants-squatters-easier/-/15126192/23455776/-/b3ne2z/-/index.html

Evicting a Former Owner Following a Foreclosure and Trustee's Sale

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

An unfortunate by-product of increased foreclosure activity is the process of removing a former owner from the property through an eviction suit filed in the Justice Court. Many times this can be an emotional process, and one that is met with anger by the former owner, who frequently equates the new owner (purchaser at a Trustee's Sale) with the foreclosing lender.

NOTE: **This post does NOT address the process, procedure or law pertaining to evicting a tenant who occupies a foreclosed property. Federal law applies, in part, to that circumstance. In the future, I  will post a separate article to discuss the process for evicting tenants of foreclosed former owners**

First, it is important to accurately characterize the former owner's status with regard to possession of the property.  Texas Property Code Section 24.002(a)(2) provides that a person commits a forcible detainer if (after refusing to surrender possession on demand), that person:

"is a tenant at will or by sufferance, including an occupant at the time of foreclosure of a lien superior to the tenant's lease."

Next, having characterized the former owner, it is essential that proper, written demand for possession be made in accordance with Texas Property Code Section 24.005.  This demand must be made by "a person entitled to possession of the property"  (this means the new owner or his agent or manager).  

Since the occupant (former owner) is a "tenant at will or by sufferance" under the express provisions of Section 24.002(a)(2), the party entitled to possession must give the former owner at least 3 days' written notice to vacate before an FE & D / Eviction suit can be filed.  See Texas Property Code Section 24.005(b).

Thereafter, the eviction suit is treated like any other. The former owner generally has no special rights, and is not treated differently from any other tenant at sufferance.

Bad Tenants Have Been Around Since Biblical Times -- Jesus Spoke of Them

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

Think your tenants are bad? You are not alone, and your experiences are nothing new.

Bad tenants who abuse owners' trust have been around since ancient times. So prevalent and historical is the problem, that Jesus Christ even told a parable about evil tenant farmers. 

The Parable of the Evil Farmers is found in Chapter 12 of the Book of Mark, Chapter 21 of the Book of Matthew, and Chapter 20 of the Book of Luke, and goes like this:

^{33 “Listen to another parable: There was a landowner who planted a vineyard. He put a wall around it, dug a winepress in it and built a watchtower. Then he rented the vineyard to some farmers and moved to another place.34 When the harvest time approached, he sent his servants to the tenants to collect his fruit.}

^{35  “The tenants seized his servants; they beat one, killed another, and stoned a third. 36 Then he sent other servants to them, more than the first time, and the tenants treated them the same way. 37 Last of all, he sent his son to them. ‘They will respect my son,’ he said.}

^{38 “But when the tenants saw the son, they said to each other, ‘This is the heir.Come, let’s kill him and take his inheritance.’ 39 So they took him and threw him out of the vineyard and killed him.}

-Matt 21: 33-39

However destructive, abusive and financially irresponsible your tenants are, there's a pretty good chance that they aren't killing your family members.  Fortunately, you also shouldn't have to kill them to get them out of your property, and rent it to another tenant who "shares their fruit."

There are other options, including eviction through the Justice Courts.  Rather than sending servants, perhaps you should consider sending a Notice to Vacate, and starting the New Year with a resolution to turn your rental property into something other than a source of stress and financial problems.

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.

Mansfield squatter suspects keep it all in the family

Here's a fascinating story from the Ft. Worth Star-Telegram about a family of squatters in Mansfield, Texas trying to claim home ownership through Texas adverse possession laws. A risky venture in any circumstance, but particularly when your claims are supported by fraudulent documents. My guess is that neither the eviction courts, nor the Tarrant County DA will have any mercy for these folks.

Mansfield squatter suspects keep it all in the family | Arlington | News from Fort Worth...

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.

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!

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.

Spanish Cemetery Warns of Evictions for Nonpayment

MADRID – Pushed for space, a Spanish cemetery has begun placing stickers on thousands of burial sites whose leases are up as a warning to relatives or caretakers to pay up or face possible eviction.

Jose Abadia, deputy urban planning manager for northern Zaragoza city said Monday the city's Torrero municipal graveyard had removed remains from some 420 crypts in recent months and removed them to a common burial ground.

Torrero, like many Spanish cemeteries, no longer allows people to buy grave sites. It instead leases them out for periods of five or 49 years.

Abadia said the cases involved graves whose leases had not been renewed for 15 years or more.

He said Torrero currently had some 7,000 burial sites with lapsed leases out of a total of some 114,000.

Copied from Fox News

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.