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Marc Girling Quoted In CBS ‘Serial Squatters’ Article

If you live in North Texas, you may have already heard of the Schwabs. Heather and William Eric Schwab are currently facing numerous counts of “serial squatting” for playing homeowners to live in their homes without ever paying a dime. As a result of their scheme, victims of have sought legal advice from Girling Law to help ensure the rights to their property and to avoid mistakes like this in the future. The Schwabs: Brief Squatter Family Background Court records show that the Schwab couple has “rented” over a dozen homes in just the past couple years. On paper, homeowner victims claim everything from salary to rental history checks out. But once the Schwabs get the keys to a new

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Tenant Harassing Neighbors
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TENANT HARASSING NEIGHBORS – AUSTIN EVICTION

George hired Austin eviction attorneys Girling Law to remove a tenant because of the tenant harassing neighbors.  Shortly after starting the eviction process, George’s tenant hired his own attorney.  Girling Law took George's case to trial and won a judgment before the Justice of the Peace.  George’s tenant then appealed the case to a County Court at Law.  Girling Law aggressively pursued a settlement agreement in this case.  The firm’s persistence paid off and the case settled just before a trial before the County Court at Law. Eviction Case Background George hired our office to evict his tenant as quickly as possible.  George’s tenant lived next door to another property George owns.  His son lives in the neighboring property.  George’s

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TENANT REQUESTED A JURY TRIAL – VICTORY FOR LANDLORD YESHUA C.

After Yeshua’s first attorney’s attempt to evict a pair of problem tenants fell apart, Yeshua’s new Garland eviction attorneys from Girling Law started a second eviction cycle.  Yeshua’s tenant requested a jury trial in response to the second eviction.  They clearly expected to throw Yeshua’s legal team off balance.  But this tactic backfired in a bad way.  Girling Law has developed unique resources just for eviction jury trials.  The firm’s attorneys are both experienced and well trained in handling eviction jury trials at the Justice of the Peace level.  Girling Law quickly prepared for Yeshua’s eviction jury trial, executed on a well-designed trial strategy, successfully educated the jury, absolutely punished one of the witnesses on the stand, and obtained for Yeshua a

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eviction by jury trial
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Eviction by Jury Trial – Information for Texas Landlords

Evictions are a hassle.  They’re expensive and time-consuming.  But when your tenant requests a jury trial?  Oh, snap….  An eviction by jury trial a whole different level of pain-in-my-neck (yes – I cleaned that up…). Let’s get right to it: your best and least expensive option in this situation is to pursue settlement aggressively.  Where settlement is not an option, you should seriously consider hiring my office to represent you in your eviction.  But, of course I’m going to say that!  But being the DIY kinda person you are, you want to learn about how to handle your own eviction by jury trial, right?  Fair enough….  Let’s take a high-level look at how an eviction by jury trial works. Why

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Non-paying tenant
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NON-PAYING TENANT SUCCESS STORY: Janice S.

Janice S. decided to hire a Dallas eviction attorney after her tenant appealed a Justice of the Peace trial and obtained her own court-appointed attorney.  Janice made an error when filing her case, however.  This error was fatal to her case as it was highly likely to result in a dismissal.  Janice hired a Dallas eviction attorney, L. Marc Girling, who quickly identified the weaknesses in Janice’s case, developed a strategy to minimize her risk, and successfully executed on that strategy.  Girling Law solved the problem of Janice's non-paying tenant efficiently.  More importantly, Janice’s Dallas eviction attorney avoided a very expensive outcome: having the non-paying tenant’s attorney appeal the County Court at Law trial to the 5th Court of Appeals.

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McKinney Eviction Attorney
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MCKINNEY EVICTION ATTORNEY SUCCESS STORY: Dickson A.

Dickson A. sought a McKinney eviction attorney after he realized he had virtually no chance of negotiating settlement. Dickson's tenant was angry because he became convinced he had a right to buy the property. Complicating matters further, Dickson lost his original, signed copy of his lease agreement. Also, he delivered the notice to vacate improperly. Girling Law was still able to obtain judgments against the tenant before the Collin County Justice of the Peace. The tenant appealed and Dickson's McKinney eviction attorney won a judgment before the Collin County Court at Law. EVICTION CASE BACKGROUND: Dickson used a written lease agreement with his tenant. But Dickson lost his copy of the lease. He had only a copy, but that copy

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Family Member Eviction
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FAMILY MEMBER EVICTION SUCCESS STORY :  Ida M.

Ida reached out to Girling Law seeking assistance with a family member eviction.  Ida had to evict her daughter.  After a Justice of the Peace trial, Ida's daughter obtained free legal representation.  Ida delivered her notice to vacate improperly.  This created a major problem for Ida.  Ida hired Dallas eviction attorney, Marc Girling.  Girling Law employed a strategy of pursuing a settlement to avoid trial.  This strategy worked well.  Ida's daughter would later move out of the property before she was lawfully required to. FAMILY MEMBER EVICTION CASE BACKGROUND: Ida sought out a Dallas eviction attorney needing to remove her violent, drug addicted daughter.  Several months prior, Ida permitted her daughter to spend several nights in Ida's Dallas home.  The daughter

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Arlington TX eviction
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ARLINGTON TX EVICTION SUCCESS STORY: K.I.

The landlord in this case used a high-risk notice to vacate delivery method. The tenant appealed her Arlington TX eviction trial to a County Court at Law in Fort Worth, TX. Because the landlord is a corporation, the landlord was required to hire an attorney for representation before the County Court at Law in Fort Worth. The landlord hired Arlington eviction attorney, Marc Girling to handle its County Court eviction trial.  The client was very certain our firm would be able to talk the tenant into a settlement agreement. Because of this, the client elected to not take preventative measures that would have substantially reduced its risk. The landlord’s gamble paid off. ARLINGTON TX EVICTION CASE BACKGROUND: K.I. rented a

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Fort Worth
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Fort Worth Eviction Success Story: Bradley C.

Eviction Case Background: Bradley is a real estate investor who owns several properties in the Dallas Fort Worth area.  He hired us after his relatively new tenants broke several promises to pay their second rent payments.  Eventually they stopped returning his calls.  In addition to not paying rent, Bradley’s tenants moved into the property with a large dog.  This was also a violation of their lease. Rental Property Location: Fort Worth, Texas Eviction Court Location: Fort Worth, Texas Eviction Trial Outcome: Bradley’s lease permitted us to serve the tenants with only a one day notice to vacate.  However, we were familiar with the Justice of the Peace in this Fort Worth court, and we knew she only allows three day

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Notice to Vacate: Delivering Outside is Now Permitted, but There’s a Catch….

A notice to vacate is a fairly innocuous thing.  Texas courts tend to give landlords a very wide berth when it comes to what is in a notice to vacate.  But delivering a notice to vacate is arguably the most common reason Property Managers and Apartment Community Managers receive dismissals from a Justice of the Peace. If you have managed lower or middle-income properties for a substantial period of time, you have no doubt had that one tenant who had a knack for getting rip-roaring drunk and aggressive.  Or perhaps it was a tenant who beat his significant other.  These sorts of things seem to come with the territory if you’re an Apartment Community Manager or a Licensed Property Manager. 

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Landlord Rights
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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 after having won her first eviction trial before a Dallas County Justice of the Peace. Kathy’s relationship with her tenant had previously deteriorated.  She and her tenant would get into screaming matches and call the police on one another.  Kathy’s tenant appealed the first eviction trial using sureties to appeal.  Unfortunately, by the time Kathy hired her 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

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How Your Eviction Attorney Should Prepare for Your Eviction Case and Another Reason for Hiring an Eviction Attorney who Bills by the Hour

Your attorney needs to prepare exhibits for your eviction trial – no surprise there. But it’s not enough for your eviction lawyer to simply prepare for your eviction trial. If your tenant fails to appear at trial, your attorney will need to have previously filed documents disclosing to the Court your tenant’s last known address, and a sworn statement that the tenant is not in the military. This last step requires your eviction attorney to obtain a report from the U.S. Department of Defense. Sadly, I sometimes witness attorneys who handle evictions “on the side” showing up to court with only the documentation needed for trial. When the tenant is a no-show at trial, the Judge will typically send these

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Why I Stopped Offering Flat Fee Contracts

I used to represent landlords using flat fees. No more…. And I strongly caution you to avoid such an arrangement. You need to avoid a situation where your attorney is unmotivated to provide you the most effective representation possible. In addition, flat fee arrangements too often result in client confusion and disappointment. It is really difficult for attorneys to manage client’s expectations with these agreements. I will admit one of my main reasons for stopping the use of flat fees in eviction cases is that some of my clients would abuse the arrangement. I had one client who expected to me spend an hour on the phone with her nearly every other day so she could vent about how unfair

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Is Your Eviction Attorney a Familiar Face to Your Judge?

I have mentioned in some of my earlier posts that Justices of the Peace are rarely attorneys. In fact, some will run for Justice of the Peace because they feel as though they were mistreated or poorly represented by an attorney. Others are active or former real estate professionals (non-attorneys) and they can get a bit touchy about an attorney “explaining eviction law to them.” Every Justice of the Peace has his own, unique reason for becoming a judge. And many Justices of the Peace have his own ideas about eviction law. It is important that you work with an attorney who knows these details about your Justice of the Peace. This information can be the difference between walking away

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Hand deliver a notice to vacate
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Never Hand Deliver a Notice to Vacate

Starting Off on the Wrong Foot with Your Eviction Attorney I love it when a landlord calls me and tells me they have a written lease agreement with tenant who stopped paying rent.  For me, these are typically very easy cases.  This means my odds of having a very happy client will be high.  But then the landlord hits me with the nine words I hate the most: "I already handed my tenant a notice to vacate."  When I hear this, I can instantly hear the voice of a certain corpulent cartoon character saying, "Doooh!"  Never do this.  Never hand deliver a notice to vacate.  Doing so instantly turns your very low-risk eviction into a very high-risk, high-stakes eviction trial.

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Make Sure Your “Experienced Attorney” is an Experienced Eviction Attorney

I recently met an attorney at an alumni function. He was an older man who started practicing law when I was in elementary school. He told me about how he had recently appeared for an oral argument in an employment law case before the U.S. Court of Appeals in New Orleans. That’s one step below the United States Supreme Court! In the attorney world – not just the employment law world, but in the legal field as a whole - this guy is bit of a bigshot. And I mean to imply no sarcasm in saying that. He really is an amazing lawyer with a tremendous amount of responsibility and an incredible range of experience. There is simply no denying

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Why a Landlord Should Never Appear at a Justice of the Peace Eviction Trial

The idea doesn’t initially make a lot of sense, does it?  If you struggle with the urge to keep a close eye on your eviction attorney, it may even be too much to bear.  But it’s a really, really bad idea for landlords to appear at an eviction trial before the Justice of the Peace. The Texas Legislature changed the rules that apply to Justice of the Peace Courts (where every Texas eviction must start) in late 2013.  One of these changes gives the Justice of the Peace the right to “investigate” the case themselves.  Here is how this new rule from the Texas Rules of Civil Procedure reads: Rule 500.6 Judge to Develop Case In order to develop the

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