Are you experiencing a legal conflict with a tenant? If so, you have a lot to lose as a landlord and property owner. Difficult tenants can cause many problems that are costly to address, not least of which are refusals to pay rent or vacate your property. Should you have such a legal challenge ahead of you, it’s important to acquire experienced legal representation.
The Law Offices of Dan Chern P.C. can help property owners like you when it comes to legal conflict involving a tenant. The law provides tenants with many protections, but there are times when you must assert your rights to protect your property and livelihood. We can help you initiate or respond to legal action to accomplish your goals, whatever they may be. We are particularly experienced in representing landlords in eviction actions and can provide the support you need to deal with such matters.
If you need a landlord dispute lawyer in Allen, call us at (972) 200-3078 for assistance.
Assisting Landlords with Tenant Evictions
Landlords must abide by a certain process for evicting tenants. Failure to follow the legal process for eviction can result in losing months of rental income! This is because irregularities can result in delays or even denial for achieving eviction, which can be especially problematic when a tenant refuses to pay rent or poses a risk to the property owner’s investment.
Typically, the eviction process will follow a certain path:
- Step 1 – Provide a Written Notice to Vacate: Unless otherwise stated in the lease, landlords must provide tenants with a three-day written notice to vacate the property before filing any eviction petition.
- Step 2 – File the Eviction Petition: Once the three-day period after issuing the written notice to vacate ends, the property owner can file the eviction lawsuit in court. Keep in mind that a hearing will not occur for at least 10 days after the filing date, and it could take longer to schedule a hearing.
- Step 3 – Receive Judgment: The landlord can take no action to evict a tenant until five days after achieving a judgment approving the eviction.
- Step 4 – In the Event of an Appeal: If the court sides with the tenant, or the tenant files an appeal, another hearing will occur at a later date. In the latter case, the landlord must follow the court’s instructions, which may include refraining from actions that would deny the tenant access to the property.
- Step 5 – Achieve Writ of Possession: Once the court issues a writ of possession to a landlord, the property owner must wait 24 hours before executing the writ and removing the tenant’s property. This process may require the presence of a law enforcement officer to protect the peace.
Keep in mind that the eviction process is more complicated than it may appear to be, and there are many important legal requirements landlords must meet to achieve their goals. If you wish to protect your rights during this process, consult with our landlord-tenant dispute attorneys in Allen for legal guidance.
What Are the Grounds for Evicting a Tenant in Texas?
Generally speaking, landlords are within their right to pursue eviction against a tenant who breaches any terms of their lease agreement.
In many cases, such breaches may manifest in the following ways:
- Failure to pay rent on time or at all
- Damaging property beyond normal wear and tear
- Engaging in illicit activity
- Engaging in activity that threatens the health and safety of others
- Causing a disturbance that interrupts other tenants’ rights to peaceful occupancy
As frustrating as these breaches may be, always keep in mind that eviction is a legal process that landlords must follow. Any attempts to evict or otherwise remove a tenant from the property that fall outside of the legal process can result in a failure to evict the tenant.
"Our firm is proud to be led by Attorney Dan Chern, who is a passionate legal advocate for individuals, families, and corporations. As a litigation attorney, he handles a wide range of business-related cases, including matters related to real estate, elder law, employment law, and estate planning. He is dedicated to delivering the highest quality of representation possible in order to secure favorable results for the men and women he represents."Read Full Bio
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As a property owner, you can find yourself involved in an eviction appeal in one of two scenarios. The first scenario is that your tenant is challenging the court’s decision to approve your eviction; the second is that you must fight the court’s decision to deny your petition to evict a tenant.
The appeals process is different than the process that occurred with the trial court, which means the legal assistance you received before may not be adequate to handle an appeal. Rest assured, however, that the Law Offices of Dan Chern P.C. can help you with both parts of this process, helping you initiate or defend against an eviction judgment appeal.
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