Tag: Texas

Can the CARES act save me from eviction?

On By Your Attorney and Counselor at LawIn attorney, evictions, Texas, UncategorizedLeave a comment
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Following the COVID-19 pandemic, I have received many calls from tenants who asked me about the CARES Act and whether the CARES Act applies to them.

What is C.A.R.E.S.?
The CARES Act is short for the Coronavirus Aid, Relief, and Economic Security Act that was signed into law on March 27, 2020. This act prohibits filing new evictions for non-payment of rent against tenants. The ban is to last for 4 months and ends on July 25th.

Who is impacted by the CARES Act?
If your apartment complex takes advantage of the Federal Housing and Finance Agency’s (FHFA) COVID-19 forbearance program, your landlord cannot evict you from your apartment. If the Landlord received a forbearance on his mortgage, the landlord cannot evict you for unpaid rent.

The CARES Act will apply to any property that is “insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government.” That means properties are not allowed to evict you until July 25 if they:

  1. Participate in Section 8 or Housing Choice
  2. Have been purchased by or received loans from Fannie Mae or Freddie Mac
  3. The act also stops landlords from charging late fees on these properties.

Can my landlord evict me before July 25, 2020?
No, the CARES Act does not allow a landlord evict for nonpayment of rent or late fees. After July 25th, the Landlord must give 30 days notice of filing for eviction on the basis of non payment of rent before he can file a suit to evict. As such, the Current CARES Act covers tenants until August 23, 2020.

If you are a Landlord or Tenant with any questions about the CARES Act, give me a call on my cell or text, 832-896-6288. If you have any other legal questions (criminal, family, civil, etc.) or know someone who needs to “talk to an attorney”, give me a call too or send me an email: attorney.dave@yahoo.com.

It’s after April 19th, can I evict my tenant? The answer is –

On By Your Attorney and Counselor at LawIn evictions, Justice of the Peace, landlord tenant law, real estate, UncategorizedLeave a comment
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I previously posted on my blog that the Supreme Court of Texas issued an emergency order stopping all hearings or proceedings for eviction until April 19th. Now that April 19th has gone and past – can my landlord now file for eviction and take me to court?

The answer is no – the Supreme Court of Texas issued another emergency order extending the deadline to April 30, 2020.

If you are a landlord or tenant and have any questions – or if you have any general legal questions, please feel free to reach out to me by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Please note:

  1. This is only specific for Texas eviction laws, each state has their own so please verify with a licensed attorney in your state;
  2. The situation is constantly changing so this information may be out of date;
  3. The Supreme Court of Texas may issue another emergency order at anytime so this information may also be out of date;
  4. This post is for general information purposes only, as each legal issue is unique and eviction laws are state specific, you must consult with an attorney licensed in your state for the most accurate legal advice.

Disclaimer:  this website and blog posts are for general information and educational purposes only. This blog post and website provides basic information and does not provide specific legal advice to your situation. By using our website, or by communicating with our office by comment, phone, text, or e-mail, you confirm that there exists no attorney-client relationship between you and David Hsu Brogden and Associates. Each legal issue is complex and you must seek a licensed attorney in your specific jurisdiction to discuss your specific situation.

Help, the landlord locked me out, what can I do? Am I evicted?

On By Your Attorney and Counselor at LawIn evictions, Justice of the Peace, landlord tenant law, real estate, UncategorizedLeave a comment
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Unfortunately, there are many scrupulous landlords out there who take non-payment of rent matters into their own hands instead of going through the legal process. This results in me receiving calls from tenants who come back from work only to find the locks changed or another lock on the door preventing them from getting in.

Can a landlord lock you out?
Yes a landlord can lock out a tenant, but the landlord provide conntact information where the tenant can call at anytime to get access into the apartment.

What does the law say about locking out a tenant?
The law controlling landlord/tenant rights in Texas is found in the Property Code. Specifically, the law about lockouts is found here:

Section 92.0081:

(c) If a landlord or a landlord’s agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord’s agent must place a written notice on the tenant’s front door stating:

(1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number;

What if the landlord refuses to let me back in?
If a landlord refuses to let you into your apartment/house, then you have been wrongfully evicted and the landlord is subject to damages. Contact David Hsu now by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Disclaimer:  this website and blog posts are for general information and educational purposes only. This blog post and website provides basic information and does not provide specific legal advice to your situation. By using our website, or by communicating with our office by comment, phone, text, or e-mail, you confirm that there exists no attorney-client relationship between you and David Hsu Brogden and Associates. Each legal issue is complex and you must seek a licensed attorney in your specific jurisdiction to discuss your specific situation.

What requirements do I need to meet in order to file divorce in Texas?

On By Your Attorney and Counselor at LawIn divorce, family law, UncategorizedLeave a comment
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I frequently get asked this question – Am I able to get a divorce in Texas? The answer is yes, if you meet two requirements:

  1. Have you lived in Texas for the past 6 months?
  2. Have you lived in this county (or the county where you will file) for the past 90 days?

If you answered “Yes” to both questions, then yes, you can file a divorce in Texas.

Hopefully you don’t need to file a divorce, but if you have any questions, feel free to text or give me a call: 832.896.6288.

Disclaimer:  this website and blog posts are for general information and educational purposes only. This blog post and website provides basic information and does not provide specific legal advice to your situation. By using our website, or by communicating with our office by comment, phone, text, or e-mail, you confirm that there exists no attorney-client relationship between you and David Hsu Brogden and Associates. Each legal issue is complex and you must seek a licensed attorney in your specific jurisdiction to discuss your specific situation.