An Eviction Appeal Case Study from Our Landlord Attorneys: Landlord Rights & Landlord Tenant Law

EVICTION CASE BACKGROUND:

Kathy K. needed to better understand landlord rights under landlord tenant law in Texas after her tenant appealed an eviction judgment.  Kathy sought out Dallas landlord attorneys, the County Court had already scheduled a trial.  This meant Girling Law did not have enough time to subpoena the tenant’s two sureties.  Also, the tenant filed a written answer with the JP court.  Therefore, we were unable to seek a default judgment.   Normally, Girling Law would use at least two methods to attack the tenant’s appeal.

Kathy’s eviction included a moderately high level of risk.  She had a written lease agreement, which was fantastic.  However, she hand delivered her notice to vacate to her tenant.  Dallas landlord attorney’s perspective, this means pulling each surety’s background check and completing an asset search.  After completing another search, Girling Law seeks to subpoena each surety.  Kathy’s Dallas landlord attorney’s calls. Settlement prior to the trial date was not an option. On the day of trial, Kathy instructed us to proceed to trial without attempting to settle. Normally this would be an ill advised move.  However, we found the tenant to be very hostile so it really didn’t matter.  By getting a judgment first, we were better leveraged to negotiate with the tenant.  During the trial we caused the tenant to admit she failed to pay several rental payments. Because of this, the Judge awarded Kathy possession of the property, costs of court, attorney fees, and just over two months of rent payments.

Following the trial we attempted to negotiate with the tenant again. This time, the tenant was much more willing to work with us!  The tenant agreed to leave before the second Sunday following the trial date. This was a great outcome for Kathy because it eliminated the expense of hiring a moving company to forcibly remove the tenant. Kathy’s Dallas landlord attorneys who understands landlord tenant law in Texas.  More importantly, it is important that you work with an attorney who understands landlord rights.  Kathy K. made a great decision when she hired Girling Law because she hired a firm that had experience challenging all three types of appeals.  It turned out to be too late to challenge Kathy’s tenant’s appeal.  However, Girling Law was able to apply its experience in settling hundreds of eviction cases.  Kathy enjoyed a post-judgment settlement agreement with her tenant that ensured Kathy could quickly take action to forcibly remove her tenant in the event her tenant breached her settlement agreement.

2016-05-07T15:35:03+00:00
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