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3 stages of real estate disputes

| Sep 28, 2020 | Real Estate Disputes |

Texas landlords have some relatively strong protections under state law. However, it is easy for you to overstep the bounds of your rights as a property owner. 

It is unlikely that the courts will look kindly upon any example of you exceeding your authority. Please pay attention to your actions during the three major stages of a landlord-tenant dispute in order to protect your rights and the profitability of your property. 

1. Investigation

One of the first duties you have to yourself and to the courts is to gather information. Most disputes between you and your tenants would arise out of material circumstances. 

For example, your tenant might stop paying rent. In this simple situation, your investigation would probably involve continuing to collect records of payment — or lack thereof. Systematic bookkeeping, ideally with professional accounting oversight, is usually an advantage. 

2. Communication

Communication is one of the most important stages in your dispute. Texas law does not have the same exceedingly stringent requirements for this as many other states. However, there are still some surprising rules that could apply to you. 

Missing part of your communication stage or making inappropriate statements might not undermine your case completely. However, it could weaken your argument, delay the process and so on. For the strongest position possible, please use official forms of communication. 

3. Court

The third and final stage of a real estate dispute is a formal trial or hearing. This is an adversarial civil procedure, usually with attorneys on both sides. Trials are more common in commercial real estate disputes, but residential landlord-tenant conflicts sometimes end up in court. 

Trials operate on strict schedules within prescribed rules. The goal would be to resolve the dispute in an efficient, orderly manner. 

When you know the rules and aggressively defend your interests, you typically reach the best possible outcome for your dispute. Please make sure you have all necessary information before taking any action involving your tenant. 

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