Girling Law Firm, PLLC

Our firm does not represent tenants. You may want to check out some of the online resources for Texas tenants such as texaslawhelp.org.

Assuming you paid all of the rent and any past due late fees, apartment communities will almost always take the eviction process no further when this happens. This has become a common practice with apartments adopting online payment systems. These payment systems are usually unable to communicate in real time with the employee assigned to delivering the notices to vacate. You should contact your apartment community's management team immediately to confirm that they are not proceeding with an eviction. However, keep in mind that they may not have a final answer for you until after your payment clears.

Hi Leland! This situation is different than most other evictions. The less information your notice to vacate contains the better. The notice should only demand possession of the property and state how long he has to vacate. State only that you are evicting because he breached the lease agreement. The NTV period is 3 days, unless your written lease (if you have one) requires a different period of time. To deliver, your best option is to wait until your tenant is in the property. Have a friend start the video by showing the outside of the property. Make sure the video displays the street number for the property. While your friend is filming, walk inside and hand your tenant the notice while you are filming. There is nothing special you need to say. Something like, "This is my demand that you vacate the property in 3 days" is sufficient, but not necessary. Your cameraman must be able and willing to attend trial to testify that he was the one who filmed the video.

Absolutely. All evictions in Texas must start before the Justice of the Peace (JP). Either Party may appeal, win or lose. Upon either party appealing, the JP's eviction judgment is vacated (wiped out). The court hearing the appeal will be the County Court or (in higher population Counties) a County Court at Law. These eviction appeals are appeals for a "trial de novo," or a new trial. The County Court will proceed as if the JP trial never happened. The County Court will not consider the JP Court's ruling; it is not legally relevant. Because the County Court Judge conducts an entirely new trial, he does not affirm or reverse the JP. Instead, the County Court Judge either grants a judgment in favor of the landlord or dismisses the eviction. Remember, however, the Texas Rules of Evidence apply in County Courts. You must understand how to admit evidence in these courts. Also, Texas law requires businesses to be represented by an attorney in County Courts.

Our firm does not represent tenants. You may want to check out some of the online resources for Texas tenants such as texaslawhelp.org.

Yes. Girling Law routinely handles evictions involving unenforceable verbal leases or evictions involving no lease. These cases are more complicated because more evidence is often required for the landlord to meet his burden of proof.