An experienced Irving eviction attorney is a key element in your strategy to remove your problem tenant. Too often tenants get the upper hand in the eviction process. The laws are designed to protect their “right” to stay in YOUR property. And to do so without paying rent!
Let Girling Law help you speed the eviction process along and possibly even save you money. We know the eviction process cold! We know which Judges to avoid. By doing as many evictions as Girling Law does, we are a familiar face to your local eviction Judges. You want an attorney on your side who has a reputation for knowing Texas eviction law inside and out! You also want your tenant to know that you’ve pulled out the big guns. A local, law firm that is dedicated to representing the interests of independent rental owners.
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What Makes Evictions in Irving Texas Different?
There are several things that make Irving, Texas evictions different. The Judge you select or are assigned can make a huge difference in your eviction experience. Also, some of the procedures relating to evictions in Irving are different. State law governs the legal procedures. However, this law does not cover every procedure relating to evictions. There are operational procedures that vary from county to county.
Justices of the Peace
The city of Irving is entirely located within Justice of the Peace precinct 4. The Dallas County Justice of the Peace Precinct 4 includes two Justices of the Peace. These two Justices of the Peace have what attorneys refer to as “concurrent” jurisdiction. This means both Judges serve the entire City of Irving. As long as your rental property is located within the City of Irving, you can choose either of the Justices of the Peace. One of these two Justices of the Peace has an excellent reputation in the Dallas legal community. This Judge holds landlords accountable, but is very fair. As long as you do what you are supposed to do, you can expect a judgment as long as Texas law clearly establishes your right to one. You need to avoid the other Justice of the Peace.
The Dallas County Eviction Appeal Process
As is the case all over the State of Texas, tenants have an unrestricted right to an appeal. This means tenants may appeal an eviction judgment without reason or justification. Tenants may even appeal if they won!
When a tenant files an appeal, the Clerk of your Justice of the Peace Court will compile all the case’s documents and transfer them to the County Clerk. The transfer of the physical file is handled through Dallas County’s inter-office mail system. After the County Clerk receives the Justice of the Peace file, the County Clerk will assign the case to a County Court at Law, upload the documentation into the County Clerk’s system, and record any bond or rent payments.
The amount of time it takes for this internal process to finalize appears to vary wildly from court to court in Dallas County. I have seen these transfer occur within only a few days. I have also seen these transfers take a couple of weeks.
County Courts at Law
Dallas County has five County Courts at Law. The County Clerk assigns appealed evictions to these five county Courts at law on a random, “round robin,” basis. Neither party has the right to request a specific Judge. There is a process for requesting the Judge to step down. This process is called “recusal.” This is typically done when the Judge has a conflict of interest in the case. Most recusals occur voluntarily. The Judges recuse themselves upon realizing they have a conflict of interest. Although either party has a right to request the Judge to step down, you better have an excellent reason for making such a request. Believing the Judge will treat you fairly is not a sufficient legal basis for obtaining a recusal. And making such an unreasonable request is a great way to irritate the Judge!
All five of the County Court at Law Judges have excellent judicial temperaments. I have heard some attorneys grumble about one of these five Judges. My experience has been this Judge is somewhat tougher on landlords than the others. However, can’t say I have ever had an experience with this Judge in which I felt the Judge was not following the law.
Being one of the larger cities in Texas, the Dallas County Constables are busier than the Constables in most other Counties. If you have had to go through a forcible move out in another county, you should expect your move out in your Irving property to take slightly longer. I have had some of the Dallas County Constables require two movers per bedroom. I am honestly unsure if this is a county-wide requirement. Regardless, it is a good policy, and one I recommend whenever I have one of my landlords facing a forcible move out.
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How Representation from an Irving Eviction Attorney Can Make a BIG Difference
Ultimately, hiring an experienced Irving eviction attorney is a great idea because doing so can save you time and money. We rarely need our landlord-clients to appear in the Justice of the Peace trials. In fact, there is usually an advantage to NOT having the landlord appear!
How an Irving Eviction Attorney Can Save You Time
Obviously, having your Irving eviction attorney appear at trial for you is a time saver. But when I talk about saving you time, I’m not just talking about saving you time. I’m also talking about shaving time off of your eviction.
If you have a problematic relationship with your tenant, Girling Law’s staff is in a much better position to neutralize your tenant’s emotions. This can translate into a settlement agreement where your tenant moves out substantially earlier. Coupled with our years of experience in negotiating with tenants, we offer landlords an effective means of ridding themselves of a problem tenant quickly.
An experienced Irving eviction attorney also understands the eviction appeal process. This means we know how to fast-track your eviction trial if your tenant fails to pay one of their required payments during the appeal process.
How an Irving Eviction Attorney Can Save you Money
As we discussed, above, the most obvious way Girling Law can save you money is by accelerating your tenant’s exit! This means you can move forward with your make-ready and get a paying tenant back into your property.
Another way an experienced Irving eviction attorney can add value to the eviction process is by negotiating payments. Not every tenant is in a position to make immediate payments towards their rent arrearages. After all, they will often need money for their move, a security deposit, and for renting a new place. But this doesn’t mean your problem tenant is always penniless! Girling Law always explores the possibility of obtaining tenant payments through the settlement negotiation process. We also sell the client into paying down all or a portion of their unpaid rents and expenses after the trial. When this is not a possibility, Girling Law can always attempt steps to collect on your money judgment.
Reducing Your Risk
Evictions do include risk for every landlord. There is the risk of having one of the eviction courts dismiss your eviction because of a defect in your paperwork. There is also the risk of having your eviction drag on unnecessarily because you do not know where the opportunities for short-cuts exist. Then there is the risk of your eviction languishing because your tenant does something like file bankruptcy, remove the case to federal court, or obtain an abatement. The internet has availed a lot of information for tenants. Some are crafty enough to successfully leverage this information. Others are experienced at abusing the system. An experienced Irving eviction attorney is your best way to combat these situations.
Would you like to learn more about the risks associated with handling an eviction on your own? Order a FREE Copy of Mr. Girling’s book, The 10 Biggest Mistakes Texas Landlords Make in Eviction Court. We will even pay for the shipping!
But the reality is not all evictions involve these nightmare scenarios. Let’s face it, Justice of the Peace evictions are easy when your tenant fails to show up to court. As long as you have the required notices an affidavit of non-military service, and evidence, obtaining a judgment by default is typically straight forward. There is one cautionary item about your affidavit of non-military service, though. You need some proof that your tenant(s) is not / are not in the military. Signing one of these affidavits under the assumption your tenant is not in the military is perjury. And it doesn’t matter if your tenant is 80 years old! You need proof. There is a database that the U.S. Department of Defense avails for this purpose. So even the easier evictions involve risk.
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Get Started with Your Irving Eviction Attorney Today
Your problem tenant isn’t going to go away until you give him a reason to go away. Let Girling Law be that reason!
Speed is critical in an eviction. Texas evictions are “accelerated.” This means your case gets set for trial in a matter of weeks. Normally a civil lawsuit won’t go to trial for about a year and a half. But this procedural requirement isn’t the only reason speed is important. Speed also gives you an advantage because it pressures your tenant into action.
Girling Law has built the firm’s resources with speed in mind. In most situations, we can issue your notice to vacate the same day you hire us. If you have already issued a notice to vacate to your tenant (something we DO NOT recommend), we can often initiate your lawsuit the same day.
Don’t drag your feet! Problem tenants rarely go away on their own. Let’s show your tenant you mean business. The sooner your tenant receives a letter on our firm’s letterhead, the quicker we can resolve this problem for you.
Let’s Start the Process of Removing Your Tenant. Call Now!
Leonard Marc-Charles Girling, SBN 24074283, is the attorney responsible for the contents of this website.
Girling Law PLLC’s principal place of business is in North Richland Hills, TX. The content on this website is for informational purposes only. This site and the information contained within is not legal advice, nor is it intended to be. Contacting Girling Law, PLLC does not create an attorney-client relationship. Internet users should not act upon information contained on this site without first seeking advice from an attorney. Please refrain from sending any confidential information to Girling Law, PLLC until an attorney-client relationship is established.
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