Ehlert & Associates, PLLC

04/30/2021

Landlord relief through Texas Eviction Diversion Program.
Tenants may be able to have up to 15 months of the rent you owe paid and stop your eviction. At your trial, the court will tell you about the Program and ask if you are interested in participating. Find out more about the Program in the attached brochure, titled State of Texas Eviction Diversion Program, at www.txcourts.gov/eviction-diversion/; and at https://texaslawhelp.org/.../texas-eviction-diversion.... You may also call Texas Legal Services Center for assistance at 855-270-7655.

Si usted y el propietario están de acuerdo en participar en el Programa de Desvío de Desalojo del Estado de Texas, podrá ser elegible para recibir asistencia de hasta quince meses de pagos vencidos de su alquiler y detener su desalojo. En su audiencia de desalojo, el juez le dará información sobre este programa y le preguntará si desea participar en él. Encontrará más información sobre el programa en el folleto adjunto titulado Programa de Desvío de Desalojo del Estado de Texas. Puede visitar los siguientes enlaces para más información www.txcourts.gov/evictiondiversion o https://texaslawhelp.org/.../texas-eviction-diversion..., o
llamar al Centro de Servicios Legales de Texas (en inglés, Texas Legal Services Center) por teléfono al 855-270-7655.

02/12/2021

The TEDP is a voluntary program that permits eligible landlords and tenants to agree upon a resolution to the issues raised in an eviction case. If eligibility requirements are met, past due rent obligations and utility delinquencies may be eligible to be covered in full and the eviction case dismissed.

Texans may be eligible for rental assistance and other services outside of the eviction process. To find out more about these programs, please visit the Texas Coronavirus Relief Bill Rental Assistance Program website.

04/02/2020

For Landlords: Tenant is moving out and I want to show the unit before they leave? Lease says I can but Tenant is refusing access. What can I do?

Various local jurisdictions have put in social distancing rules, and Governor Abbott signed an order that applies to the entire state. These orders override your lease. Entering an occupied domicile risks transmitting the virus to you, your prospective tenant, and the current occupants.

Most local real estate associations have suspended in person showings and moved to video showings. This is probably your best route to avoid conflict.

04/02/2020

Resource for Texas Employers:

In this time of national crisis, when many employees are uncertain about their legal rights, the attorneys who are members of the Texas Employment Lawyers Association are here to help Texas employees!

03/31/2020

Ehlert Law posted a blog article with resources for individuals, small business owners, real estate landlords, food service, hospitality, employers, and employees. The CARES Act provides substantial relief aimed at individuals and small businesses.

SBA has programs, that under certain circumstances can be mostly forgiven - borrowers don't have to repay.

Self-employed and contractors can qualify for unemployment benefits in some cases. Learn more at the page below.

Additionally, there were substantial changes to the tax code to bring relief now and later.

COVID-19 and the CARES Act Posted on 5 mins ago by jehlert2 The largest economic aid package in U.S. history became law on Friday, March 27, 2020, when Congress passed, and the president signed, the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the CARES Act). The CARES Act provides a....

03/23/2020

Landlord-Operators, whether single-family, multi-family, or commercial, should carefully consider their response during an emergency. Operators should get ahead of this. Be proactive.

1) Don't demand strict compliance with rent payments. If you want more regulation of the rental industry, by all means, ignore this basic principle. Your next state legislative session will have more bills to protect tenants when a disaster declaration is made.

2) Contact your lenders to ask about mortgage forbearance or abatements. They're likely getting bailout money, so check to see if any conditions cover mortgage payments. It is an evolving situation, so check back regularly. ***If you get relief, pass it along*** Do not accept relief then demand rent. When it comes to light, a suit will probably follow.

3) SBA loans are available to mitigate losses at this time for every state due to the national disaster declaration. Check https://disasterloan.sba.gov/ela/

4) (For commercial/multi-family) Even if the lease clauses are independent (payment of rent, amenities provided), demanding full rent due regardless of what amenities are open doesn't make sense. What would market rent be if your property didn't have all those amenities? That's what a judge and jury will consider. Work with tenants.

5) Your reputation is on the line. If you choose to ignore all this and demand full payment, when the emergency blows over your rep will be in the toilet.

6) (at least in TX, my jurisdiction) Courts are closed except for emergency actions, and your eviction doesn't qualify. Operators might as well maintain good relations when you are absolutely stuck with whoever is occupying the units. They can send you into bankruptcy faster than you can imagine with all the damage they can do.

03/23/2020

For small business owners, the SBA has Disaster Loan Assistance. You can learn more and apply here:

03/20/2020

FOURTH EMERGENCY ORDER FROM THE SUPREME COURT OF TEXAS. Delays all eviction settings until April 19, and writ posting or executions until April 26.

Only exceptions provided under specific circumstances of imminent threat of physical harm, or due to criminal activity. Other related deadlines tolled.

03/13/2020

Texas courts generally recognize that the purpose of a force majeure clause is to excuse non-performance of obligations only when caused by circumstances beyond the reasonable control of the party or by an event “which is unforeseeable at the time the parties entered into the contract.”

Talk to a lawyer about the availability, possible benefits, and consequences of invoking a force majeure clause in your contracts.

01/11/2020

Tips for Private Money Lenders in real estate:

* Create long-term, wining relationships with Real Estate Investors
* Match note to yield expectations and risk tolerance
* Motivation aligned with Investor
* Be experienced in chosen market/asset class
* Perform your own due diligence
* Evaluate collateral and loan on its own terms, and in relation to overall portfolio
* Know how to use IRR and NPV as analysis tools
* Seek outside advisors early and often

09/27/2019

On Tuesday I was fortunate to help a client defend claims and recover lost rent in a landlord-tenant dispute.

07/18/2019

Learn about some of the possible dangers waiting for unwary private lenders in our latest blawg post.

Private Lender Scams Posted on July 18, 2019 by jehlert2 Private Lender Paul met Big Bad Brad at a local real estate investor networking group. They hit it off pretty well, and Brad told Paul that he’s got this rehab he bought but needs some extra cash to finish out. Or maybe it was to buy and fli...