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Re: Served Answer on Saturday - Court 9 AM Monday
by Daniel (CA)
on June 9, 2021 @16:50
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Do you know how TX is handling the eviction Moratorium?
In a rent controlled city the 45 to 60 day stay is the best option for Landlords, because even though it isnt convenient for the LL, it provides a stronger position when you have to go back to court.
In Non Rent Controlled places it is better for LL to evict without a reason instead of a reason. This is a trick judges out here in California use.
In California, a 3-day notice to pay or quit is not a notice to vacate - notice of termination - because it is basically a notice to cure which gives the defendant a roadmap to stay... ie not terminated...
so you have 2 options: hire a lawyer to address the eviction $5,000 at least for a jury trial.
eviction moratoriums may complicate the LL rights in the matter.
or
agree to the stipulation , get 1 month MAY rent and expect to be back to request a lockout.
a savvy LL would probably take option 2-- because judges like to tell tenants that they agreed to it especially if their attorney wrights the stipulation.
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Re: Served Answer on Saturday - Court 9 AM Monday
by Daniel (CA)
on June 13, 2021 @03:13
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In a rent controlled city the 45 to 60 day stay is the best option for Landlords, because even though it isnt convenient for the LL, it provides a stronger position when you have to go back to court.
I want to clarify this comment: The best option for LL is that the other sides lawyer will write this stipulation... I would negotiate to 30 days if you do not have rent control...
This seems to be the scheme and process tenant defense attorneys have established in their network.
I think they corroborate together in some message board intranet.
You should also come across as a savvy LL if you engage in the language / process that the Tenant Attorney is expecting from a formidable opponent.
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Re: Served Answer on Saturday - Court 9 AM Monday
by Taylor
on June 30, 2021 @14:03
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No rent control here, but the tenant's attorney said the 3 Day Notice to Pay or quit is not a valid notice of termination. The judge is not familiar with the Texas Property code, so he didn't know . . . . He reset the hearing for a couple days later, so he could do some research. The judge decided it wasn't valid, so the attorney could have the case dismissed. The attorney wanted me to allow the client to stay in the house and not pay. The judge "put on his mediator cap" and reminded them that yes, I would need to start all over, but the tenant would have an eviction on her record for the next 7 to 10 years. We agreed that she would pay a month's rent and be out of the house on June 30th (today).
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