214.843.1751

 LANDLORD EVICTION ATTORNEY

We only represent landlords in eviction cases!  No exceptions.

Covering DALLAS-FORT WORTH AREA.

 

Eviction Experience

  • Hundreds of eviction cases

  • Every type of property

  • Every type of situation

Questions & Answers about eviction

There are a million questions we get from our landlords, but here are some common ones.

How long does it take to get an eviction case completed?

You may not like this answer. But . . .In the Justice of Peace court, from the time you hire us, we send out either a 3 day Notice to vacate or a 10 day notice to vacate within 1 or 2 business days.  After this timeframe is completed we file suit in the appropriate Justice of the Peace (JP) court. This can take several business days before we get a court date.  Court dates can be set within 1 to 2 weeks from filing, then by law the court hears the case within 21 days.  After a judgment is entered, the tenant has 5 days to appeal and we file for the writ of possession immediately after that.  The constable may require a week before they can schedule a move out.

If the tenant does appeal, it can take a week or so for the appeal paperwork to make it to the County Court. From there, it is a new case, the JP court case result is ignored, and the entire case is started over.  We may face a week or two before the court date is set.

What kinds or reasons can trigger my ability to evict a tenant?

The most powerful and obvious reason to evict is when the tenant does not pay rent.  This is the most successful way to evict.  Few judges will allow the tenant to stay.

The second most powerful way to evict is when the tenant is chronically late on payments.  Some JP judges will not evict on this, but once we appeal to county court, our chances of success are much much better.

The third reason is they simply break one of the “rules” found in the lease.  Here it gets tougher as judges may not evict, even in County court.  For example, if the tenant had a cute puppy dog and did not tell you, well, the judge may not kick them out on the street.  But, the law is the law and we can discuss your case.

What if they damage our property?

You should ALWAYS collect a deposit from your tenants PRIOR to signing the lease and PRIOR to giving them the keys. If they damage your property you have the right to keep enough of the security deposit to repair. Always keep good records, get bids from legitimate contractors and be ready if the tenant wants an accounting of the use of the deposit.  If you get sued, call us asap.

What if they declare bankruptcy?

Bankruptcy can bring an eviction case to a halt. And it can take quite a while to release the eviction case from the grasp of the trustee.  You need a lawyer at that point.

What if they appeal to The Texas Court of Appeals?

We have learned to fight off the ability of the tenant to tie up the case in the court of appeals by working with the judge to set a bond high enough to protect you and discourage flagrant abuse of the eviction laws.  Most judges will grant a bond that covers the typical time in the Court of Appeals, which varies from 12 to 24 months.  This would argue for a bond of the monthly rent times 12 to 24 months.  This can be very cost prohibitive for the average renter in financial trouble.

What if we get a money judgment?  How do we collect?

I do not provide collection services.  A money judgment does not necessarily put money in your pocket, getting the property does. We can refer you to other attorneys who collect, but be warned, if they couldn’t pay rent, they likely will be tough to collect from, that is why we focus on getting you the property back asap and in good condition through negotiations.  But we do not negotiate until the lawsuit is filed.

Do you personally appear or am I getting a random lawyer like those big firms do?

I do all court appearances myself.  But let’s be realistic, sometimes I get double booked, triple booked.  But if I have an attorney appear for us, this attorney is experienced in eviction and has all the information about the case.

Do I have to go to court?

JP court no, on appeal to County court yes.

Do I really need a lawyer?  Seems easy.

When you go to JP court and watch, you will see apartment communities do their own evictions. By law, you can represent yourself in JP court. In County court, the judges require you to follow all the rules of evidence for example, and you would want to very seriously consider hiring a lawyer then.

To be safe and money smart, I would hire a lawyer immediately. I have seen many many landlords make mistakes and misunderstand the law to the point they spend months trying to evict only to be forced to start over. In my opinion, for most landlords, I think it is money well spent.  And you won’t find many lawyers like me who give you their personal cell number. I talk and text night and day with my clients.  Crazy huh?  Try that with other firms.

What we need from you:

  • Call 214-843-1751 for an immediate phone consultation to discuss the case.

  • Send us your documents!  

    Lease, ledger, lease application, all court documents (if already in court) and any other documents requested by the attorney.  

    Send to jac@jacschuster.com or Fax to 214-785-2945, email preferred!

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