Many residential tenants are smarter than they are given credit for. They often default on Lease Agreements by not paying rent to the landlord. Eventually, the landlord gets fed-up, and files an eviction proceeding with the Justice of the Peace either personally, or through an attorney. The tenant often attends the eviction hearing and offers everything but to pay the rent. Inevitably, a Forcible Entry and Detainer or Eviction Judgment is entered by the Justice Court. But this often isn't the end of the road. It seems like more and more evicted tenants are filing appeals to the County Court at law. After all, it's pretty easy, and in many instances FREE. That is, wise tenants are availing themselves of the procedure whereby the can file an appeal , and stay the award of possession of the premises to the landlord, by filing an "Affidavit of Inability to Pay Costs for Appeal," more commonly known as a "Pauper's Affidavit." Once this Affidavit is filed, the costs for filing the appeal are waived, and the tenant has effectively managed to negate the Judgment of Eviction that the Landlord had to jump through hoops to secure.....or has he?
Texas Rule of Civil Procedure 749b(1) requires that tenants who appeal a Judgment of Eviction based upon Non-Payment of rent to pay into the Registry of the Justice Court one rental period’s rent under the terms of the rental agreement. This usually requires that one month's rent be paid shortly after the appeal is filed. At the latest, this rental payment must be made to the Court Registry within 5 days after filing the Pauper's Affidavit. Failure to timely pay this "good faith" rental payment can result in the Court granting possession of the premises to the landlord immediately -- even if the appeal is still pending.
If you are a landlord who is the victim of a frivolous appeal by a tenant who simply wishes to extend his "free rent" arrangement (which you never agreed to in the first place), you should contact experienced legal counsel to handle the appeal. An attorney familiar with Evictions and Landlord - tenant law could very well be the difference between you collecting rent or getting stiffed for a long period of time while the appeal works its way through County Court. For more information about appeals, check out the Evictions section of my website. You'll be glad you did!
Use the largest online attorney directory to quickly find detailed profiles of Texas lawyers and law firms in your area.
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
San Antonio HOA Lawyer Trey Wilson wrote: From The Buffalo News, N.Y. Dec. 17 — When neighbors took it upon themselves to clean Suzanne Tayl...
-
I have found that people that try to save money usually end up paying more! Many people are "afraid" to serve their spouse. I don...
-
Retirement accounts, not unlike mutual funds and some stock accounts, are assets acquired over the course of many years. In dividing these ...
-
This chart illustrates the trend concerning the outcome of undergoing the TRCC Complaint Process
-
Controversial ACORN Group as Eviction Advocates????????? Facing eviction on March 1st, survivors of Hurricane Katrina and members of the ACO...
-
Generally, under Texas law, a marriage can be annulled if, at the time of the marriage: 1. Marriage of Person Under Age 18 : one part...
-
Ownership of groundwater is a hot issue these days. As cities and other populated areas look further afield for thirst quenching supplies,...
-
In Texas a guardian or parent must petition the court if they wish to change a child’s name. This is also the process that must be followed ...
-
The Law 1. Texas Property Code (T.P.C.) 24.001 to 24.011. 2. Texas Rules of Civil Procedure (T.R.C.P.): Rules 738-755 Juris...
Không có nhận xét nào:
Đăng nhận xét