THE LAW OFFICE OF P. ROW BRAVO ATTORNEYS AND COUNSELORS AT LAW This letter is to...

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THE LAW OFFICE OF P. ROW BRAVO ATTORNEYS AND COUNSELORS AT LAW This letter is to follow-up on our earlier conversation regarding our client John Doe. After visiting with him, I believe that we cannot only provide the limited representation on which he signed a contract, but some other potential actions. The client asked for an overview of his possible remedies. I would like you to research the appropriate law and draft a client letter addressing the primary issue of the action for forcible detainer he is facing. Even though you have had an opportunity to conduct an intake, preliminary interview, and collect some initial documents, I will outline the facts of the case here so that we are on the same page. Facts: The client visited our offices because when he arrived home from work yesterday there was a handwritten notice taped to the outside of his door stating that he had until February 20, 2023, to vacate the premises since the "owner/landlord" is selling the property. Our client provided a copy of this letter. It was not in an envelope. According to the client, it was just taped to the outside open face where he could read it with yesterday's date, February 8, 2023, and the "owner's/landlord's" signature. During the interview, we asked the client if he had a written lease, and the client stated that he is not renting the property, but rather he is purchasing the property from the "owner/landlord" for $65,000. The client provided us a copy of the one-page Written Contract that was drafted by the "owner/seller" and signed by both of the "owner/seller" and the "client/buyer." The Contract is dated February 1, 2013. The client states that the electricity is under his name, however, the water is under owner's name, but he has been paying the bill for the past ten years. The client stated that he has copies of most all the payments to the property for the past ten years. There are some payments that were made from his deceased wife's bank account which he does not have record of, but he has copies of the money orders for payments THE LAW OFFICE OF P. ROW BRAVO ATTORNEYS AND COUNSELORS AT LAW made during the last nine years from January 2014 to February 2023. He does not have a copy of all the water bill payments, but he is sure he can get a copy of those from the water company indicating that he was the one that made the payments. He has a copy of the contract when he connected the electricity. He has not provided these, but he states that he can get all of those to us by next week. The client went on to tell us that he has made significant improvements to the property including remodeling the interior of the mobile home on the property, remodeling the exterior of the mobile home, installation of a new septic system, installation of a new fence, clearing the property of mounds of garbage that were present when he moved in to the property, and others that are listed in a document that I asked you to put together. He has receipts for some of this work, but he does not have them all. He has some pictures of the property before and after the improvements and can provide these for us next week as well. There are other facts that we will discuss later, but these are the most pertinent facts for the immediate action. While I believe that we have multiple affirmative and defensive actions available for our client, the primary focus is on defeating an action for forcible detainer. I would like you to research the following issues and draft a client advice letter for me to review stipulating our potential remedies and the relevant law. Make sure that you state the primary facts in your letter and that you include some of the relevant law in your letter. 1) What are the notice requirements in Texas for forcible detainer? Advise as to whether the notice meets those requirements. 2) What are the next required steps on a forcible detainer for the landlord to be able to evict our client? (Include the type of court where this action would be initiated - i.e. Justice of the Peace Court, County Court, District Court, etc. THE LAW OFFICE OF P. ROW BRAVO ATTORNEYS AND COUNSELORS AT LAW 3) Can a "landlord/owner" evict a person who is purchasing the property as opposed to renting the property? 4) If not, what is the proper remedy for evicting someone from a property that is being purchased and what is the proper court in Texas where this type of action should be filed? 5) If they are unable to do so, will the "contract" permit us to dismiss the case for lack of jurisdiction? 6) In the letter, indicate to the client that we are only providing advice on the single issue of forcible detainer (eviction) since that is the most pressing matter. Remind him that this is the only issue on which we have agreed to represent him thus far in accordance with our Service Contract. 7) If we prevail here, then we can discuss the next steps on how to move forward with the contract. 8) Make sure to remind the client to gather all the other evidence we discussed including money order copies for payments, utility contracts and payments, improvements receipts, photos of property before and after, etc. Sincerely, P. Row Bravo Managing Attorney THE LAW OFFICE OF P. ROW BRAVO ATTORNEYS AND COUNSELORS AT LAW This letter is to follow-up on our earlier conversation regarding our client John Doe. After visiting with him, I believe that we cannot only provide the limited representation on which he signed a contract, but some other potential actions. The client asked for an overview of his possible remedies. I would like you to research the appropriate law and draft a client letter addressing the primary issue of the action for forcible detainer he is facing. Even though you have had an opportunity to conduct an intake, preliminary interview, and collect some initial documents, I will outline the facts of the case here so that we are on the same page. Facts: The client visited our offices because when he arrived home from work yesterday there was a handwritten notice taped to the outside of his door stating that he had until February 20, 2023, to vacate the premises since the "owner/landlord" is selling the property. Our client provided a copy of this letter. It was not in an envelope. According to the client, it was just taped to the outside open face where he could read it with yesterday's date, February 8, 2023, and the "owner's/landlord's" signature. During the interview, we asked the client if he had a written lease, and the client stated that he is not renting the property, but rather he is purchasing the property from the "owner/landlord" for $65,000. The client provided us a copy of the one-page Written Contract that was drafted by the "owner/seller" and signed by both of the "owner/seller" and the "client/buyer." The Contract is dated February 1, 2013. The client states that the electricity is under his name, however, the water is under owner's name, but he has been paying the bill for the past ten years. The client stated that he has copies of most all the payments to the property for the past ten years. There are some payments that were made from his deceased wife's bank account which he does not have record of, but he has copies of the money orders for payments THE LAW OFFICE OF P. ROW BRAVO ATTORNEYS AND COUNSELORS AT LAW made during the last nine years from January 2014 to February 2023. He does not have a copy of all the water bill payments, but he is sure he can get a copy of those from the water company indicating that he was the one that made the payments. He has a copy of the contract when he connected the electricity. He has not provided these, but he states that he can get all of those to us by next week. The client went on to tell us that he has made significant improvements to the property including remodeling the interior of the mobile home on the property, remodeling the exterior of the mobile home, installation of a new septic system, installation of a new fence, clearing the property of mounds of garbage that were present when he moved in to the property, and others that are listed in a document that I asked you to put together. He has receipts for some of this work, but he does not have them all. He has some pictures of the property before and after the improvements and can provide these for us next week as well. There are other facts that we will discuss later, but these are the most pertinent facts for the immediate action. While I believe that we have multiple affirmative and defensive actions available for our client, the primary focus is on defeating an action for forcible detainer. I would like you to research the following issues and draft a client advice letter for me to review stipulating our potential remedies and the relevant law. Make sure that you state the primary facts in your letter and that you include some of the relevant law in your letter. 1) What are the notice requirements in Texas for forcible detainer? Advise as to whether the notice meets those requirements. 2) What are the next required steps on a forcible detainer for the landlord to be able to evict our client? (Include the type of court where this action would be initiated - i.e. Justice of the Peace Court, County Court, District Court, etc. THE LAW OFFICE OF P. ROW BRAVO ATTORNEYS AND COUNSELORS AT LAW 3) Can a "landlord/owner" evict a person who is purchasing the property as opposed to renting the property? 4) If not, what is the proper remedy for evicting someone from a property that is being purchased and what is the proper court in Texas where this type of action should be filed? 5) If they are unable to do so, will the "contract" permit us to dismiss the case for lack of jurisdiction? 6) In the letter, indicate to the client that we are only providing advice on the single issue of forcible detainer (eviction) since that is the most pressing matter. Remind him that this is the only issue on which we have agreed to represent him thus far in accordance with our Service Contract. 7) If we prevail here, then we can discuss the next steps on how to move forward with the contract. 8) Make sure to remind the client to gather all the other evidence we discussed including money order copies for payments, utility contracts and payments, improvements receipts, photos of property before and after, etc. Sincerely, P. Row Bravo Managing Attorney