I had to file eviction in JP Court on one of my tenants this month. I’ve evicted more than 80 tenants in Austin since 1990, but it’s been about 4 years since my last one. In the old days (the 1990′s) when I managed 4-plexes and some lower end properties, eviction filings were more frequent. Now that we don’t handle low-end properties, it’s not often we have to evict a tenant.
What’s involved in evicting a tenant in Texas?
The following is an outline of the basic steps for eviction as I perform them. This is not legal advice, but an overview of the administrative steps and my personal experience. For legal advice, contact an attorney.
1) Make Sure You Have a Good Lease Agreement
It all starts with a proper lease agreement. A TAR (Texas Association of Realtors) or TAA (Texas Apartment Association) lease will properly protect your rights as a landlord and afford the necessary legal language. If you hire a Realtor to lease your property, you’ll have a TAR lease. You can join TAA as an individual, but many single-property owners find the dues to be high (though I’ve seen landlord boo-boos that would have paid 10 years TAA dues). Otherwise, have a good real estate attorney provide a lease for you if you are a do-it-yourself landlord. Why is this important?…
The worst lease I ever saw was an office supply store special that afforded the tenant a 30 day grace period to pay rent (because the owner filled “30″ days into that blank not knowing any better) followed by a 30 day “cure” clause (same thing, clueless owner filled in a blank with “30″).
This meant the tenant had to be 30 days late before a “demand to cure” (as the lease termed it) letter could be sent, then the demand letter had to give another 30 days to cure. After taking over that property from the owner, whom the “professional deadbeat” tenant was running circles around and was already more than two month’s behind in rent, I had to send the demand letter (which the owner had not done because she was afraid of conflict) and wait 30 days before sending a Notice to Vacate. It took another three weeks after that for the court date, and another 5 days which the court provides to appeal or vacate. Then the tenant finally vacated, leaving the home trashed with litter and junk furniture.
That owner lost a total of 4 month’s rent plus damages by the time it was said and done. How much do you think the owner “saved” by using that cheap office supply store lease and not seeking help from an attorney or a professional leasing agent? The owner also told ne that no credit report or eviction search or criminal background check was done on the tenant. “She seemed like a perfectly nice young lady” the owner told me. Deadbeat tenants are experts at seeming to be nice people, and they only seek rentals from do-it-yourself landlords who they know won’t check them out properly. But I’m drifting into another topic, tenant screening, so back to the eviction process …
2) Don’t delay taking action.
Every step in the eviction process must be preceded by another step. Dragging your feet or delaying any step sets you that much further behind in the following steps. Be diligent and don’t let the tenant slow you down with promises or stories.
Send the late notice immediately upon non-payment of rent. We mail late notices on the 4th of each month because the grace period ends on the 3rd. There is no reason to wait longer. Send it the very first day that rent is late. Not doing so is foolish and unprofessional. I’ve met and talked to many do-it-yourself landlords over the years who don’t treat their landlord activity as a profession. This is a mistake. Even if you own only one rental house, you are in the business of being a landlord. Act accordingly or it will cost you money.
3) Send the Notice to Vacate
If rent is not received immediately (within 5 days) after the late notice is mailed, send the Notice to Vacate for Non-Payment of Rent promptly, no later than the 10th of the month. Sticking to this time line is imperative. Don’t waiver, don’t listen to stories from the tenant about having the rent on the 15th, etc. This is how goodhearted landlords get led around by the nose by deadbeat tenants who tell good stories.
If the tenant contacts you wanting to work things out, let the tenant know that you hope an eviction can be avoided, but that the only thing that will stop the eviction process is full payment of the rent and late fees. Ask if they have family they can call for financial assistance, or if they have stuff they can pawn. Also, let them know that once you file with the JP Court, any further discussion will need to be in front of the Judge on the court date.
4) File the eviction at JP Court
File at JP Court immediately after the passage of the date given in the Notice to Vacate. Don’t delay or have further conversation with the tenant about it, just go do it.
Each JP Court has a set of written instructions they will provide, as well as a form to fill out. Follow those instructions exactly. You’ll need a copy of the Lease Agreement and the Notice to Vacate (some require two copies of each). Again, don’t delay. (Are you noticing a theme here with regard to timeliness of action?).
Once the eviction is filed, a constable will drive to the property to serve papers to the tenant. Once served, the tenant has 6 days to respond. If they respond, a court date is set fairly soon thereafter. If they don’t respond, you can contact the court to set a date for a “Default Judgment”, which grants you possession of the property plus unpaid rents.
5) Appear in Court
If your tenant shows up for the Court date, which often happens, that is the time and place to decide if their tenancy is salvageable. If they have cash or money order in hand, it’s best to see if you can work it out with them, but I do so only after we’re standing in front of the Judge and I receive a judgment in my favor.
What generally happens is that the tenant wants to tell a story to the Judge. Often this will include unflattering stories about the landlord, condition of the property, etc. Also there is usually a story or explanation about why they don’t have the rent, their car broke down, they lost a job, when they might have it, etc.
The Judge, however, will ask the tenant only two questions:
- Is your rent in fact unpaid?
- If so, do you have a legal reason for it being unpaid?
The “legal reason” never exists unless a landlord had neglected repairs and the tenant has issued proper notices, so I’m not going to explain that further. I’ve not once witnessed an eviction hearing where a tenant did have legal reason.
Once the Judge determines that the rent is unpaid, he will review the lease and the notices provided to the tenant. This is where it’s important to have a good lease and to have followed the notification steps properly. If all is in order, the judgment will be in favor of the landlord and the tenant will be told they have 5 days to appeal (which is really 5 days to move out). I’ve never had a tenant file an appeal because doing so requires payment of a bond equal to the unpaid rent. If they had the money for that, they could have paid the rent.
6) File a Writ of Possession
If, after the 5 days pass the tenant does not move out, you have to go back to JP Court and file a Writ of Possession. I’ve had to do this only 3 or 4 times in almost 20 years. But when needed, the Constable will set an appointment with you to come to the property while you have the tenant’s remaining possession set out on the street and have a locksmith rekey the locks. You’ll have to physically remove the stuff yourself or hire movers to do it for you.
That’s it. After all that, you have regained legal possession of your property. Fun stuff, huh? It can largely be avoided with careful tenant selection from the outset, but even good tenants go bad sometimes.
{ 118 comments… read them below or add one }
Thanks for the info. Good info. If ok with you, I would like to add to my blog.
ThanksTary
Texas Lone Star Realty
512-892-6800
You mentioned tenant screening. I’d be interested in any advice you could give on this topic.
Steve,
You left out the court costs and filing fees. If this was a house with multiple roommates, the are substantial. Like everything else, we have seen these costs increase in the last few years and with the recent upturn in gas prices, I expect another round of adjustments.
Steve,
Have you ever tried to pay the bad renters to leave? Here is an interesting article on realestatejournal.com :
http://www.realestatejournal.com/buysell/markettrends/20080331-phillips.htmL
It’s simple economics really. Say you have to wait up to 2 months before you can actually kick them out. Then you might have to spend a lot of money to clean up the house or repair damaged doors, floors, and so forth. What if you offer them some cash for them to leave immediately?
Of course this is an very unorthodox way of handling things. But it might save you more than the normal process.
Steve, I have been reading this blog for more than a year now and I must say you do such a great job! Though quite a few agents are trying to follow suit by blogging, this is the best real estate blog in Austin.
My thread is not related to the original post. I was wondering if you could write a blog post about the condos coming up in downtown Austin and whether buying those as investments (to rent them out) is a good idea. We are thinking of doing this. Will this be worth it? What do you think of this market? I am sure lots of readers would want to know.
Thanks for the comments:
Chuck: That’s a good idea. I’ve actually started that article on tenant screening but never finished. I’ll get back to it. I didn’t realize until I started writing how many nuances there are in evaluating applicants. It’s straight forward on the surface, but even something as subtle as the pause between when I ask a former landlord a question and when they answer, the tone in their voice, etc. has to be observed and followed up with another question (i.e. – “you seemed to hesitate when I asked what type of damage they did to the house, but then you said there was none”.
Michael: Good point. It was $127 to file on the couple in Williamson County last month. Plus the time lost sitting in the courtroom. The tenant wants to fight it so I’ll be going to court (they scheduled my way out for April 15th for some reason).
ARZ: I have paid tenants to get out a couple of times long ago, but not recently. Completing the process through the court system ensures that the judgment will eventually be picked up by the credit bureaus, which means we might actually get paid someday if the tenant decides to fix their credit a few years later..
NIS: Thank you for your kinds words. I’m not very positive about investing in downtown condos. It’s too speculative for me, personally. I like boring family homes that are more predictable. If I have some extra investment money that I was willing top put at higher risk, I might think about it.
Steve
Hi Steve,
I don’t know if you would know the answer to this, but I own a home and had a friend living with me. She pays rent, but there is no written agreement (I know, bad idea!). Her and her cat are no longer welcome in my home after disrespectful behavior towards me. I had to even call for police assistance the other day. They told me I had to give her a 30 day notice, which I did, but do I got through the same process as you described above to evict her? She has paid her rent for this month.
Is there a way I can make her get rid of her cat? Her cat is ruining my carpet and furniture and she spitefully put the cat litter on the carpet in her room even though I told her when she first moved in not to. Her cat kicks out the litter and feces and smears it on the ground. What can I do about that damaged property?
Thank you in advance for your help!
Steve, can you tell me what to do if I am a person who is doing the renting of a house, but the owner lives in another state. I made the contract , but I am not the owner, it belongs to a friend who lives in NY. Do I need a special power attornery to start any action?
The tenant, has failed to pay on time, pretty much every month. Can I write him a letter “Notice to vacate for non-payment of rent”. It is better to get a lawyer or can I start doing something in the meantime. We have called the tenant several times , but of course he does not respond to our calls. Please tell me what is the best way to solve this issue. In advance, thank you very much for your help.
Hi Gerardo,
In your case, I recommend hiring a lawyer. Call the Austin Apartment Association and they can refer some to you.
Then tell your friend you don’t want to manage the house anymore and that he should hire a professional property manager. Not doing so from the outset has/will cost him much more than he thought he would be saving by thinking it was an easy task to have a friend handle for him.
Steve
Hello Steve, I have taken your advice on the proper way to evict a tenant and hopefully everything will go good at the court. The tenant is 30 days late on the rent. After reading your blog, I will know what to do with the next tenant. Is there ever a time when the judge will grant the tenant who is 30 days late on paying rent more time to move out ? Thanks for very good advice. Roger
If a tenant pays rent on time, but repeatedly violates the lease provisions (makes several alterations to the property, loud noise, doesn’t clean their areas as designated by the lease) can I kick them out without filing an eviction? My lease agreement says I can giove 3 days notice to vacate for any lease violations.
2. The lease also provides me to be able to cancel the lease at any time for any reason with 30-days notice. Do I need to go through the eviction process for this?
Thanks so much for any help/information yopu may have.
I have a tenant presently who repeatedly causes disturbes, usually late at night by fighting with a boyfriend.
Rent is paid up until Aug. 12, 2008, but she slammed her car into the curb last Mon. trying to block the boyfriend from leaving.
I posted Notice to vacant the next day with no results, so I guess the next step is paying to get her out with J.P. eviction.
Steve,
I have a tenant who defaulted on the rent for one month. The rent was paid a month late and the rent payment for the next month also started slipping.
I read your blog and then served notice on them implying legal action. They paid 80 % of the rent due with a promise to reminder with late fees soon.
The contract expires in October, so I am just trying to hang in there for the next 75 days.
Sri
My mother-in law has a tenant who has been late 5 out of the last 8 months and has now missed the last 2 months rent. She refuses to pay penalty. Everytime she is going to be late making her payment she sends a lengthy letter complaining about the condition of the property. When I speak to her she has had a friend make repairs (unauthorized). My mother-in-law sent her a demand letter last month and she said she was withholding rent to cover repairs. She has missed again this month and my mother-in law is following your advice on notifying the tenant to pay or vacate within 5 days. Thanks for your guidance.
Hi Steve , well to start I can tell you this we were frauded in a contract with what I thought was a realator but guess what it was all lies …Speaking of the store bought lease contracts ..hahah We gave this guy 15 days before I can do anything when in fact my mortgage is due on the 1st. Not to mention he told me the laws had changed and I could only charge him 10.00 per day late fees for 3 days I had 15 days but scratched out and put 3 unbelievable, We filed for Eviction and they never showed up in court and we got a default Judgement , then on the 5th day at the last 10 min before closing he filed for a paupers appeal , on the next day I rejected went to court 2 days later and he was denied paupers, then on the 5th day appeal …..never paid no rent the laws are not good as the paper there written on it still can take up to 3 months with all the appeals and more appeals …I will never lease again alot of losers out there!!!! ….Thanks ….just venting
I own a house and the neighborhood is freaking out about the new tenants. They have lots of cars coming and going late at night, lots of people at all house, parties, engine noises, etc. Can we evict them because of these complaints even though they pay on time?
Thanks
Hi Sandra,
You would need to consult an attorney. It’s a different and more difficult type of eviction. Non-payment is simple and straight forward. Evicting for breach of lease requires that you prove the violations, and that isn’t as simple or easy as you might think.
Steve
What about evicting a trenant for having a dog (contrary to lease) and damaging the property. What procedure and what forms, please? Thank you.
I made a comment on 11-9-2008 about a tenent who won’t pay claiming needed repairs. So far I’ve found no repairs needed. She has now sent me invoices for the repairs she had done with out my knowledge. I checked the companies on the invoices and they are fake. I’ve been advised to pursue fraud charges against her. Evictions are too time consuming and costly (no rent payments, filing fees, etc.). She’s now 3 months past due and has accrued 135 days in late penalties. When she is out we’re selling our duplex. End of story.
Mr. Keeler,
You’ve really had a bad experience with your tenant. Did you use a leasing company to secure this resident? Many times when I talk to owners who have had this type of experience it turns out they didn’t have a professional screen the applicant. Choosing a quality resident is not as easy as it appears and securing a quality resident on a solid lease contract is a large part of the success of investment property. Don’t let one bad experience ruin your investment, now would not be a good time to sell
Hello,
So my tenant is moving out at the end of this month and they have decided to not pay the last month rent and ask us to take it from the deposit. I reviewed my TAR lease and it does specified that the tenant cannot do this under the Texas Property Code. What are my rights and what should I do? Should I file for eviction? But what would the eviction do since they are going to move out any way? What do i have to do to make sure I get the late fee I am entitled to as well as recover any cleaning/damage that would have been recoverable from the deposit.
Mark,
I would simply start the eviction process without delay. There are no rational reasons to not start the process. Read your lease to see if it requires a one day notice or a three day notice to vacate for non-payment of rent, then deliver the notice to the dwelling unit.
Good luck,
Steve
Steve, Is it the norm to go through the eviction process? Since they are going to move out at the end of the month any way, would it make sense to go to small claim court instead?
Mark,
You’re overthinking the process. Send the notice to vacate and follow up with filing the eviction. Failure to do so by a professional property manager would be deemed incompetence. It’s no different for you as a private landlord. If you’re uncertain how to follow through on this, or you don’t have the discipline to do so, hire an attorney.
Good luck,
Steve
So I went to court and I won. Tenant didn’t show up. I was awarded a judgement of $2300. Tenant has now moved out and ofcourse left trash, didn’t clean up, etc. How would I ever get them to pay this $2300? I can keep mailing it to them, but as we all know, they will never pay it. Any suggestions?
Mark,
Wait a week (past the appeal deadline) and go back to JP Court to get an Abstract of Judgment. That will get picked up by the credit bureaus and remain on the tenant’s credit for 10 years. We have many tenants who want to clear those judgments up years later when their financial situations change and they want to buy a house.
Steve
I am helping my mother evict a family member tenant from her rental home. No lease exists as it was a family favor (7 years). Mom is failing in health and has been whipped out financialy. She attempted to set a rental payments in 07. Rent has been paid randomly and inconsistent. No rent payments since 12/08. We went thru the process to the point where we won eviction in JP court. However the tenant has filed an appeal and it’s now in the count courts and we have to hire a lawyer or fole pro sae. They filed a pauper affidavit. We are waiting for formal notice so that we can move forward. However, would it be prudent to move forward with the writ of pocession or is that a waste of money until judgement is ruled on the appeal. We sighted two reasons for eviciton. Failuer to pay rent and failure to cooperate with efforts around the real estate showings.
Robin, you need to hire an attorney. You blew it by not contesting pauper status, which is easy to defeat if you follow the proper procedures. Once you let it get to District Court, you need an attorney.
Good luck.
Steve
Hello, I have a question and would like to get your advice.
I won the eviction case in court. After that, the tenant called and told me that she does not live there any more but there are some stuff she needs to pick up. After 6 days of the judgement, I went to the property with a contract to change the lock. I still saw some small furnitures were there. We didn’t touch any of the stuff there but changed the lock. The tenant still call me from time to time to say that she need to pick up the stuff. This afternoon, she called me saying that she is on the way there to take the stuff, will arrive in 10 minutes. I rushed to the property to open the door for her. I have waited there for about one and half hour, but she never showed up and not answering phone. After I left about two hours, she called again for picking up her belongings. Can I just simply throw all the stuff away? Thanks.
> Can I just simply throw all the stuff away?
If you have a proper lease, this issue will be covered. You’d have to read the lease and see what it says about abandoned personal property.
You’re letting the tenant lead you around by the nose still. Knock it off. Set her stuff out on the curb for three days and if it doesn’t disappear, have it hauled to the dump.
Good luck.
Steve
I had to evict someone. I used the local court house/justice system in order to do this. She not only paid rent late, but left the property in dire conditions. How do I make sure that this eviction ends up on her credit report?
> How do I make sure that this eviction ends up on her credit report?
Credit reports don’t report evictions, only financial data. If the eviction included an award of money due, you can have that debt show up on the credit report. You file an Abstract of Judgment at the court in which you obtained the judgment. This will be picked up by the credit companies.
Steve
Steve,
Let me start with I have one of those office store leases, but I do think that I filled it out correctly. I have a couple of questions. I have a tennant that has been in my house since Aprl in June she did not pay rent by the first on the 10th I posted a 3 day pay or quit per my lease I also mailed it both certified and regular. Both of the mailed copies were returned undeliverable. The tennant has now paid 3 partial payments for June and all of Julys rent but still owes 200 dollars for June. She has promised to mail it but has not. and does not anwser my calls. My question is do I have to post another 3 day notice or can I still go on the original one and file with the JP
Thanks for you advice
Greg Walker
Greg,
You have to post a new notice for two reasons. Unless you signed an eviction hold-off agreement with the tenant, the JP might rule that your acceptance of rent stopped the eviction. Second, your initial notice wasn’t proper. You can’t issue a “pay or quit” in Texas, except under certain circumstances. It has to be an unconditional notice to vacate.
Also, if you get in the habit of accepting late rent, you effectively change the due date in your lease by your repeated actions.
You have to start over, in my opinion. You should consult an attorney if you are not sure how to proceed.
Good luck.
Steve
I am a landlord with a big heart, 3 rental properties, and no leases on any of them – why – (stupid) they have all been occupied over a yr and i’ve never had problems until now. I have never done a background check on any of them since they all had good jobs i was ok with it. Well now one of my tenants started being late and i would always forgive her, twice she gave me an extra hundred dollars for the trouble, once she gave me a check that bounced and in turn caused 10 of my transactions to bounce. ($350.) She fell down on the property and her knee became infected. Rent is due on the 1st she has not paid yet instead she gave me Doctor receipts to offset whats due she is charging me for loss time from work for a whole month which equates to the same as rent due. She sent me a notice that she would be out the 22nd of this month so when i called to see if she was out she said that she had just come from the Dr’s office and her knee was still infected
so she needed another month before she could move out, and that she could probably come up with the Aug rent. She asked me to use the deposit for the July rent since she was going to move anyway. The house is in a very good location and good neighborhood. My question is how do I get my head out of this quagmire. All
> My question is how do I get my head out of this quagmire. All
You need an attorney. I’d call one first thing in the morning.
Good luck.
Steve
Steve,
I have a tenant that paid for the entire years rent up front and the ending date is 30 days from now; Aug 31st. The problem is that I can not establish any communication with them via phone or email. I have stopped by the property a couple of times with no one there although it looks like they still occupy the property…… it’s also in bad shape. What are the proper steps in this situation to efficiently get them out with as little legal action as possible?
Hi Jason,
> What are the proper steps in this situation to efficiently get them out with as little legal action as possible?
Unless they are in breech of the lease agreement, you just wait until the lease ends. That’s what I would do. You can’t eveict for non-payment of rent. Any other attempt to get them out early would be more costly and risky than simply waiting for the lease to end.
Good luck,
Steve
Steve,
Like Jason, I have a tenant that paid the entire rent up front for one year (ending August 9th), with the lease then automatically renewing month to month. Either party can terminate with 45 days advance notice. In anticipation of the year lease ending – and at the request of the tenant – I prepared a lease extension and emailed it to him on July 13th (without my signature). I gave him until July 24th to sign the extension or the lease terminates on August 10th and requires him to vacate the property. Since receiving the lease extension, he has ignored my calls and emails. Meanwhile he shows no sign of moving and has paid no additional rent. Complicating matters is that the original lease did not note late fees or payment deadlines since he paid the year up front. In this situation, what are our obligations and how should we proceed with evicting the tenant?
Shawn,
Sounds like you have a crappy lease. I’d just send the tenant a notice to vacate for non-payment of rent and start the eviction process. Though, not knowing what your lease says, and whether it has those atrocious “cure clauses” that I’ve seen in some (giving the tenant x days to cure any default), you might also consider visiting with an attorney to review the lease.
On renewals, one must always assume the tenant will ignore the renewal letter and not respond. Knowing that, you either raise the rent with a higher month-to-month rate and notify the tenant that the new rate will take effect if they don’t sign the renewal, or you simply send a “notice of non-renewal” indicating that the lease is terminating but that you are willing to discuss renewing is the tenant desires. That forces them to call you and keeps you in control of your property.
steve
i have an office ste complex is the procedure the same for commercial as it is for residential?
Hi RD,
I’ve never done a commercial eviction, but I suspect it’s not much different than a residential eviction. But an attorney would have to let you know for sure.
RD,
Commercial eviction are much different, I too suggest legal council on this. Some directive will be set based on the lease you’re using.
Don’t know if you can answer this but if someone has lived with you for a year (no lease) and they leave on thier own free will, but leave property (they have been gone for two months) do I still have to file and eviction to get rid of the property they left in our garage?
I’m planning to file the eviction for my tenant who didn’t pay rent for 2 months and might be this coming month too. I just got e-mail from her to request to fix the air conditioning. I don’t know what should I do? Should I send the a/c guy to fix it right away or should I wait after court date
Hi Aura,
Tenants lose basically every right they have when they become delinquent in rent, including the right to have repairs performed. I’m not advocating the withholding of repairs, but legally, the tenants cannot complain about it.
Check the Austin Tenant Council website for some good info on landlord/tenant laws.
Steve
I LET SOMEONE MOVE IN A MONTH AGO WITHOUT SIGNING A LEASE CONTRACT. DO NOT ASK ME WHY? (STUPID OR GOOD HEARTED) I DO NOT KNOW. SHE IS A SINGLE LADY WITH 4 KIDS. JUST WANTED TO HELP HER OUT. ANYWAY. SHE SAID SHE WAS GOING TO PAY $250 OR $300 DOLLARS A WEEK, RENT IS $1100 DOLLARS A MONTH. SO FAR SHE HAS PAID $100 DOLLARS BELIEVE OR NOT. I WOULD LIKE TO KNOW WHAT CAN I DO NOW.
THANK YOU IN ADVANCE.
Thanks for your great help in this article. I own a house in Texas and I was renting it, thanks for your article i followed the rigth steps to start the eviction on him for late& no payments. I want to ask you how can we report this person to a collection agency or banks so they can record his delinquency?.
Hi Miriam,
If you won a judgment in JP Court, you return to court after the appeal period for the tenant has expired and request an “abstract of judgment”. There is a small fee, but that will cause the civil judgment to be picked up by credit bureaus and appear on the tenant’s credit report.
If you want the tenant sent to a collection agency, you’ll just have to call aruond and find one. If you join National Tenant Network (http://ntnonline.com/), they provide a method through which you can send your tenant to a collection agency.
Good luck,
Steve
I know this site is for landlords but I think I need to write if I am allowed. I have lived in this house in houston texas for 9 years.The first company I was leasing from and had not problems with was changed by the owner who lives in another state. This realty company had me to sign a new lease and was always slow about fixing the a/c which had always given me trouble but i kept paying and have all my receipts. Well I have to say they stop fixing everything and I have a hole in the ceiling from a busted waterpipe that took them a week to fix and I turned the water off each day not to damage the carpet. Now I find out the house has been foreclosed on and will be sold in 22 days. The government owns the house and it is llisted on list of foreclosures. This realty company still want me to pay rent and I want to move before the government send the sheriff to my house which can be any day now. Have you ever seen such a bad landlord. The government sent me the papers on October 1. The realty company has sent me an eviction notice. I can’t believe this. So there are good and bad on both sides.
Colene,
You should visit the Houston Tenant’s Council website and educate yourself on your rights. You cannot be forced out due to foreclosure, and you have remedy rights as a tenant so long as you follow the proper steps. You’ll find information and phone numbers.
http://www.houstontenants.org/
Document all communication in writing and take pictures. If you end up in court, you don’t want to rely on “he said, she said”.
Good Luck,
Steve
I am renting a townhome in san antonio. My son and his now wife and their 6 month old baby live here rent free. Not cause I am not wanting rent, but because he has refused to work. It has been a year and I have given them an ultimatum, either get a job and pay rent, enroll in a ged program or move out. He recently informed me he is not moving, all the while not lifting a finger to help around the house or even clean after themselves. Plus not looking for a job or enrolling. he had 2 weeks and as of the 14th, it will be the end of his time. I understand i have to file and eviction but my question is… the verbage on the 3 day notice refers to a lease and monies paid or unpaid. how do i fill out the notice when those dont apply. Can Modify the verbage to apply to this situation?
Hi Shannon,
You need to consult an attorney. My advice, NEVER rent to family or friends, ever, no matter what, ever. Never ever. Just don’t do it, period. It’s a really, really bad idea and almost always results in a poor outcome and damaged relationships.
Good luck,
Steve
Steve
we have a renter who was 44 days late paying rent. We did start the legal notification sending her a certifired letter, she did come up with the money in the amount of the Oct. and Nov rent but totally ignored that late charges assessed. Our lease states that all money recieved will be applied to late charges then rent so technically she is still late on the November rent but does not acknowleged that she owes in back rent due to late charges. She has also violated the pet clause of the lease.
Can we go ahead and file based on back rent owed and let the JP decide, and is rent the only reason you can file for an eviction?
Hi John,
I’m not an attorney, and this isn’t legal advice, but I can tell you what I do in the same situation. I simply proceed with the eviction and bring the un-deposited funds into court. Technically, if you haven’t cashed or deposited the rent, you haven’t accepted it. I tell tenants that once the eviction train leaves the station, the only way to stop it is to show up at JP Court with 100% of all amounts owed, otherwise they will in fact be evicted from the property. When the tenant tells the Judge they paid, and the Judge asks you if that’s true, you simply hold up the money orders and offer to give them to the Judge. The Judge will give them back after awarding you a judgment.
If you deposited/cashed the rent checks, your safest next move is to start over again with a new notice.
The best way to deal with recalcitrant tenants, in my experience, is to drag them in front of a JP Court Judge. As long as your clean on your side of things, the judge will straighten them out and educate them and they tend to behave after nearly being evicted whereas if you simply drop it they often don’t learn anything and they repeat the same behavior.
Landlording is very much a behavior modification business and it’s important to understand the modification measures that work and the ones that don’t. JP Court works really well.
Steve
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I have a roommate that I found on craigslist, and she is renting a room in my home. When she first moved in, I came home to find my home in disarray. Flowers pulled put, outside water left on, lawn mowed in an “x” and left outside. She was passed out face down on her floor. She had been drinking, took ambient and cymbalta and blacked out. I gave her a second chance and she has been drinking everyday and takes her drinks with her in her car. She is now 8 days late on rent and I had already given her a 30 day notice to leave( stated in contract) and now I have given her a vacate notice. She goes into my bedroom closet and steals my liquor and I have found a blank check missing. I now have a new key lock on my door. I need her out asap. She comes from money and threatens me that my eviction will never hold up in court. Is there anyway to get her out of my home sooner or without the eviction? Please help!
Hi Kate,
> Is there anyway to get her out of my home sooner or without the eviction?
Yes, you can pay her to leave. Offer her cash in exchange for immediate departure and execute an amendment to the lease agreement stating the deal. Also offer to drop her off at the nearest rehab center.
Good Luck,
Steve
I won judgement against tenant in JP Court. Can I just lock the guy out after the 5 days instead of paying $130 to a constable. All he has is a few boxes of personal items. I feel this can be accomplished without a domestic disturbance. I was going to lock him out after the 5th day and leave his boxes outside.
Also, the lease states that all rent (term lease) will be accellerated, but JP judge only awarded court costs and rent up to the 5 days following the judgement? Is this right, and if so, what good is such an acceleration clause in the lease?
Thank you,
JB
JB – I suggest you stay within the parameters of what is legally allowed. If the tenant still occupies the property after 5 days, go through the formal process for removal. It’s part of the cost of being a landlord. Cutting corners, taking shortcuts, or trying to save money can come back to bite you.
On the JP rent award, the JP is really only deciding who gets possession of the property. They will award past due rents but if you want to accelerate and collect future rents, you have to do that in a separate process.
Good luck,
Steve
I am living overseas on a foreign assignment and lease my residence back in the Houston area. Due to non payment of rent, I recently hired an attorney and took my tenant to JP court to have my tenant evicted. While I was successful in getting my tenant evicted from my property, I calculate I’m out approximately $30K when factoring in unpaid rent, previously unpaid utilities, legal fees and repair costs due to damages to the property. My attorney advises that his search indicates my tenant has no publicly listed assets in his name. This is despite the fact my tenant kept a fleet of high-end vehicles on the property and was living large. Among other valuables, the constable removed 12 plasma televisions from my house, one an 80 inch. My question…am I s**t out of luck or can you offer up any ideas for helping me recover my losses? My attorney says winning a claim for breach of contract is a slam dunk, but worthless since he believes the tenant will never pay, just like he’s chosen not to pay the rent.
Hi Shawn,
Don’t know what to tell you. The amount is beyond the JP Court amount limits so your attorney would have to file suit in a higher court.
This is why it’s important to file eviction immediately, before the losses can mount.
Good luck,
Steve
It’s a shame there isn’t some sort of probationary period to protect tenants from being tied to a lease at an apartment community that does not meet their needs in some way, which could not be predicted prior to moving in. In my case, equal housing laws prevent me from asking the questions I’d need to ask in order to know if the community is right for us, specifically whether or not there are families with children living there and/or whether the community and residents are kid-friendly. Even my general questions about family activities/events or school bus routes and schedules receive vague answers that are enthusiastically positive because the leasing agent wants to make a “sale.” In my case, within days of moving in, I knew I’d made a terrible mistake and that we were going to be miserable here. A simple one-week escape clause would have allowed me to correct my mistake and cancel the lease, which would have been better for everyone since our presence here grieved the other residents and the management office as much as it did us. I’d have willingly taken the time to find another more suitable apartment and paid again to have the movers come back and load up everything they just unloaded, even if it meant paying double to get us moved out within a week. A lease cancellation clause would not seem unfair, especially since fair housing laws prevent landlords from telling prospective tenants certain details about the community that could tell them whether it’s the right place for them or not.
I’m a single parent, and I would have liked to know BEFORE signing the lease that this community not only does not have any other families with children living here but contains only urban professional, single 20-somethings, about half of whom are homosexual, who do not like children, do not want to have children living near them, and do not want to see, hear, or in any way know that there is a child living among them. They set upon us right away filing complaints with the office any time my son was seen on the premises doing anything remotely child-like, such as going barefoot in the summer, giggling, running, riding his skateboard (anywhere–even in the parking garage or out on the sidewalk near the street), or doing cannonballs in the empty pool when nobody else was swimming. We feel persecuted here and harassed, as though we couldn’t possibly avoid offending the neighbors unless we stay inside our apartment and keep silent.
The residents complain about trivial things, and the management staff oblige them by finding a way to file every complaint as a lease violation against us. As it is my word against theirs, I have no recourse but to just keep adding to my collection of lease violation notices, since I learned right away it does no good to argue my son’s case or deny the charges.
Examples: lease violation for “destruction of community property” was given because my son was doing cannonballs into the pool. No mention of what property was destroyed or even endangered by my son’s actions–I’m sure I’d have been asked to pay for any damage to community property he caused, but no request for payment, no damages assessed or described–just a vague, nonspecific charge to let us know that splashing and shouting in the pool will not be tolerated.
Lease violation for “child left unattended on community property” was given because I sent my son to retrieve the last two bags of groceries from the car after a trip to the supermarket. He went down the hall about 100 feet to the parking garage, to the car parked near the door, and came back with the groceries. He did not have shoes or socks on. He said a girl from the apartment office chewed him out, so I went down to the office to find out why. It seems the flimsy plastic grocery bag snagged on the door as he came through. He yanked it, tearing a hole in the bag, and a few items fell out onto the floor in the hallway. He went down on hands and knees to pick up the items just as one of the leasing agents walked by with a prospective tenant. Apparently, the dirty soles of my son’s bare feet and the disheveled appearance of dropped groceries embarrassed the leasing agent and contradicted the chic, sophisticated, yuppie image she’d been trying to convey. She sharply scolded my son and told him not to go without shoes in the hallways or parking garage. When I asked the manager what the problem was, she said, “Do you realize he was crawling around on the floor, and he had no shoes on?” I said yes, since it was August, I was aware that he had no shoes on. I wasn’t specifically aware that he’d been crawling on the floor, but I still didn’t see what the problem was. Is there a rule of some kind against crawling on the floor? She spluttered a bit more about his bare feet, never mentioning anything at all about him being in the hallway alone or unattended. The next day I received the official lease violation that charged me with leaving my child unattended on community property. After that, I received this same lease violation notice each time my son was spotted anywhere on community property without me in direct attendance.
Lease violation for “destruction of community property” received because my son was seen with his skateboard in the hallway and in the elevator, on his way with me to walk to the courtyard and parking lot across the street where he would ride his skateboard while I sat reading on a bench. Because he was with me, they couldn’t claim “child unattended” but they claimed he was riding the skateboard all over the place: in the halls, out by the pool, and rolling the skateboard around in the elevator. Again, no specific damage to any property was assessed or described. He carried the skateboard most of the time until we got to the sidewalk across the street, but I admit he did drop the skateboard down a couple of times and kick it around in the hall and in the elevator. Each time, I made him pick it up and carry it again, and I observed myself that no damage was done by the skateboard anywhere on community property.
Because he is the only child living here, he is noticed no matter what he’s doing. Because he’s a child, he will often run or trot down the hallway instead of strolling with a mature, leisurely gait. Because he’s a child, he often laughs and talks louder than is appropriate outside our neighbors’ patios. Sometimes he even whoops and hollers, because he is a child. The residents and management staff clearly do not want my son here, and whatever disturbance he has caused them could have been avoided if only I could have canceled the lease within a few days of signing it. I’m sure there are other situations where both tenants and landlords could benefit from a simple probationary escape clause.
My question is this: toward what purpose have these lease violations been given to me? Are they used to evict a tenant after enough violations have accumulated? Although I don’t consider any of them to be valid or reasonable, if their purpose is to evict us, effectively freeing us from the lease, then I’ll be happy to collect as many of these ridiculous lease violation notices as I can get! I’ve read the lease trying to find anything that explains what these lease violation notices are for. All I found is that I can be charged a $50.00 fine for each violation, but no such fines have been assessed. I wouldn’t pay them because I do not agree with the charges, but if I’m not to be fined or evicted, what are they for?
I recently received a judgment / eviction against a tenant. I will be filing an abstract of judgment to effect his credit report. In addition to that, can I also file an IRS Form 1099 – Misc. as earnings for the former tenant since he has received free (unpaid) rents?
> can I also file an IRS Form 1099 – Misc. as earnings for the former tenant since he has received free (unpaid) rents?
Only if you forgive the debt. You better consult an accountant about it though.
Steve
My husband and I purchased a second home that was a foreclosure. My son and his wife and kids are living in the home. They say they will purchase from us when he receives the money he is expecting from military disability settlement. There is no lease agreement and no rent has been paid. How do I get them to pay something because the time frame of his monies expected has lapsed. I don’t want them to keep living there for months just to save more money while doing damage to the home due to indoor pets, etc.
Kathy,
Sounds like you have a month-to-month oral lease (which is recognized as valid in Texas) and you need to send a 30 day notice that the rent is increasing (from zero) to $xxx (whatever amount you think is fair).
Then, if rent is unpaid the following month, follow the standard eviction steps for nonpayment of rent. That’s what I’d do, but if you are uncertain, consult an attorney.
Good luck,
Steve
Thanks for the info.
I have a question for the eviction processing. In the collin county, it is normally about 20 to 23 days to evict a tenet. There is a remedy that can shorten the time period from 23 days to ten days if you prevail in Court. Do you have experience with this “Bond for Immediate Possession ” and can I get my money back ?
Here are copy from the collin county website:
There is a remedy that can shorten the time period from 23 days to ten days if you prevail in Court. This is known as a Bond for Immediate Possession and includes a Notice to Defendant of the Bond for Immediate Possession. By filing a bond for immediate possession, the eviction process could be shortened provided the defendant does not request a trial or post a counter bond.
In a Bond for Immediate Possession, you are putting up a bond for surety or cash. If you lose your suit, you could lose all or part of your bond. It must also be noted that any eviction suit judgment may be appealed to the County Courts-At-Law. However, if the defendant requests a trial or files a counter bond, the length of time involved in a Bond For Immediate Possession will be about the same as in a normal Eviction suit.
Best Regards,
Tim
Hi Tim,
You’d need to consult an attorney regarding your question. I can say that I always just use the standard eviction process as do all the professional property managers I know. I don’t think any of us see the extra effort and hassle of the BFIP as worth it. If we’re having to evict someone, it’s not a good situation and speeding things up by a few days isn’t going to matter much.
Steve
Here’s one from the other side… on 3/18 landlord gave verbal 30 notice to vacate my month-to-month rental. I acknowledged and agreed to be out by 4/18/10. On 3/20/10 there was a disagreement and she called the sheriff to “have me removed”. Officers responded, gathered the facts, told her she has no recourse but to file an eviction. On the spot she wrote a 30 day notice to vacate NLT April 18, 2010. I signed. The same day she cut off internet access which was one of the services I specifically required when renting. This rental is furnished, all bills paid. Since the beginning, a tv and couch have been in one of my rooms. When I got home from work, she’d been in my room and removed the tv and -the pillows from the couch-! Last night she slipped three notices under my door. The first stated that effective 3/23 or 3/26 (the note is contradictory) my rent would go up to $2,000 PER DAY. The second notice said that I was to have all my food removed from my fridge (in the garage) by 3/26/2010 and that any food remaining on 3/26 would be discarded. Additionally, I did not have permission to use her refrigerator. The third notice was a notice that I will vacate on 3/26 as I’m being evicted for hacking her computer/router. Last night she got up at 130am and turned the tv in the living room on very loudly. It was on until my alarm went off at 520am. At that time, the tv went off and I heard her shower start running. Obviously, the hot water was gone within minutes.
Now what?
MIke,
Sounds like a nut case! I’d clean up, take pictures and get a witness that it is clean. Then I’d get my stuff and get out!. If she does not return your deposit take her to court and have her explain it to the JP.
I am a realtor and I have a house listed that is tenant occupied. The tenant of this house has bullied my 86 year old client and has been continually late or has only paid partial rent for months. She has recently put the house on the market and two months ago he was late once again and I started eviction proceedings for her at the JP court. I sent him the registered letter and gave him 5 days to pay, plus penalties and late fees along with an eviction notice. He called my client with a sob story and she took his money plus late fees and penalties and dropped it. Now he is 13 days late once again and she is fed up and wants him gone. I was told by several co-workers that if he doesn’t pay the rent on the day it is due he has broken the lease and I can just send him an eviction letter. To file a suit costs $112 for my client and she doesn’t even want him to come up with the money at the last minute. She doesn’t want him there anymore. He has a TAR lease. Is it REQUIRED by law to give him 5 days to pay if she just wants him to leave? Or can we just send him the eviction notice since he has broken the lease?
Hi Donna,
In this instance, since neither you or the owner seem to know the process, your owner should hire an attorney.
Good luck.
Steve
We ended up evicting our current tenants, thanks for all the helpful advice.
I have been named successor trustee to my grandmother’s estate. She had let a gentleman stay with her from time to time to help her take care of the house. The gentleman in question has his own house less than 10 miles away but since her death has refused to move out of my grandmother’s property. I’ve shut off the utilities that were being billed in her name and he still continues to live there. What are my legal options?
Hi Charlotte,
This is a situation for which you definitely want to speak with an attorney. The occupant may have rights of occupancy depending on the nature of the relationship with your grandmother.
Steve
Steve,
We have a tenant who recently broke his lease. He owes us a significant amount of money from rent not paid. We had been trying to work with him to get our money. Since he left the house and broke the lease, what if any legal steps can we take to get this unpaid rent?
Thanks for you advice,
Janet
Hi Janet,
Since the tenant has vacated, it’s not an eviction, but a small claim. You can handle that yourself with instructions from your JP Court, or hire an attorney.
This is why it’s important to initiate eviction as soon as tenants fall behind, immediately, because it’s much easier to obtain a judgment for amounts owed as part of the eviction suit than to come back later with a small claim action.
Good Luck,
Steve
I have a question. I have received judgment for tenant to move out in 15 days but tenant filed an appeal with paupers affidavit. What can I do to dismiss this action?
> tenant filed an appeal with paupers affidavit
Delores, you need to hire an attorney to contest the pauper’s status. It’s simple to do and the people have to come back into court and provide evidence to the court of their inability to pay the appeal bond, and it’s actually a fairly serious thing to prove. But it’s not something I’d do without an attorney unless you have experience doing so and know which evidence to demand the tenant produce. But I would definitely contest it, otherwise it could drag out for a long time at the next court level.
Alternatively, if you’re local in Austin, you can join the Austin Apartment Association and purchase the “Red Book” (Texas Landlord’s Legal Bible) which contains the forms and instructions for contesting a pauper appeal. Membership and cost of buying the book will be cheaper than an attorney, but you have to show up at court and represent yourself and I wouldn’t advise it unless you’re confident in your ability to quickly understand what’s going on. If not, hire an attorney.
Good Luck
Steve
I had rented my spare room out to a friend. He never had a key.
He quit paying rent and was behind by 2 months when he tried to move his girlfriend into the room.
I called the police when he refused to comply with my request to have her leave the premises. The police told me that he could do anything he wanted, move anyone in and had 30 days to get out after I filed eviction papers.
However, when they ran his license they arrested him for warrants.
I went to the courthouse and filed for eviction, we had court 5 days later and he didn’t show.
The judgment was in my favor and the papers said he had 7 days to get his things.
He didn’t show up.
Court was Nov.1, 2010 and he suddenly appeared at my door Nov. 22, demanding entrance. I wouldn’t open the door and called the police, after showing him the eviction notices- I held them up to the window.
The police arrived and told him he needed to go to court to file to get his things. On Sunday Nov 28, I found a hand written note taped to my door from him demanding I return his things to him within 10 days.
I would like to ignore his request, of course, but what legal rights do I have now as to his items?
It was a furnished room and I am afraid he will claim my things as his.
I am in Texas.
Thank you for your help.
Caro,
Why not just box up the stuff, leave it on the front porch, and tell your former roommate it can be picked up. Ignoring the request doesn’t seem like an option that brings conclusion and resolution to the situation, but once the stuff is gone, that should be the end of it.
Otherwise, invite him over when you can arrange several friends to be present and observe. Same outcome – the stuff will be gone and the matter is closed.
Good Luck,
Steve
I made the mistake of letting a son live in my trailer without a contract but have required him to pay rent. He has been hit and miss on paying for the last 12 months and I have finally decided I have had enough. What are my options? Does anyone have any suggestions?
Hi Jim,
The process for evicting a family member is exactly the same as for a non-related tenant. The emotions may be different, but the steps are the same.
Steve
I have sent the Notice to Vacate to the tenant via certified mail with return receipt. However the tenant was not at home and the postman left a card in the mailbox informing the tenant to come to the post office to pick up the mail. The tenant never picks up the mail from the post office and the letter was returned to me by the post office several days later. In this case, could I still start the filing of the eviction case after the deadline indicated on the notice? Will the Judge consider the notice been properly given even though the letter was returned to me? Please advise. What option do I have if the tenant refuse to accept the letter? Thanks!
Kenneth,
The judge will consider the notice properly delivered, if the Judge is following the law. Most do, but it’s never a guaranty. I don’t even use certified mail, as it’s not required by law. I just send eviction notices by regular mail and it’s never been a problem.
Steve
Steve:
Thanks!
You mentioned that you just send the eviction notice by regular mail. However with regular mail, there is no paperwork from post office showing the date of delivery, therefore what can be used to show to the judge that the notice was sent on a particular date and the 3-day period has passed, etc?
Thank you!
Yeah I think you should stop refering to tenants that don’t pay rent on time as deadbeats. The economy has gotten really bad and unfortunately some people can’t keep their jobs. You would know that if you weren’t so busy trying to evict everyone!
I’m a landlord. I won my eviction 8 days ago. The tenant paid some of what she owes after I won the eviction. Can I still file for a writ of possession or do I need to start over with the 3 day notice and file again? Thanks,
Hi Terry, I’m not sure if you’ve cancelled the right of possession by accepting money or not. Better consult with a local attorney, or ask the JP Court. I’d probably file for the writ and see what happens. But if the tenant argues that the payment was made with the expectation of staying, you could have reinstated the lease through your actions. Better talk to an attorney.
Steve
Hi Steve,
I’m leasing an apartment and have a roommate that is also on the lease. The roommate lost his job last month and had paid half the rent for April 2011. He left on a bus to find a job in another state, but returned a week later expecting to move back in. I have not had him removed from the lease, but intend to take care of that tonight after work. He of course has to sign it as well. I have 2 questions… do I have to wait until next month to start with eviction proceeding? Is there any way to have him evicted for reason that I wish not to share the unit with anyone anymore? My other option would be to move into a one bedroom unit on the premises, but the expense for doing that may be a little over my financial ability. This person has taken advantage of my big heart and owes me quite a lot of money that I’m sure I will never see again. Your advise on how to extricate this individual from my abode would be much appreciated.
Caroline
Here is my comment, I want to know from the tenant side what rights do we have. I lived with my uncle for 3 yrs and now he want to evict me just for no reason, one morning just told me he wants me gone out of his house. This house is where I lived since I was a child then the economy has bought me back for another 3 yrs. What rights do I have to stay in this house until I can financially get myself together
Hi Steve,
My parents are in a predicament that I haven’t seen before. They had a really rough last 90 days financially and eventually got an eviction notice this last month (may) for May’s delinquent rent. While awaiting the eviction hearing, they were able to pay all rent and late fees via certified funds. Can the eviction process still continue? They have a reciept from the office of the land lord’s real estate representative but as I understand it, the company went forward with the eviction and are supposedly showing up with a writ of possession today. What should my folks do to proceed?
Steve,
This information was tremendously helpful and I thank you.
Unfortunately, as you suggest, good tenants sometimes go bad. In my case, the lady has lived in one of my properties 8 years but adult kids have moved in and they are taking her to the cleaners. I feel very sorry for her but I can’t afford to continue this way.
I am a tenant. I wrote a check for my rent last month, but it was returned unpaid. I have paid back all but $200. Can my landlord evict me if I pay the remaining balance on this months rent??
> I think you should stop refering to tenants that don’t pay rent on time as deadbeats.
Hi William. A deadbeat is someone who does more than just not pay. They avoid contact and try to remain in the property as long as possible, often doing damage to it in the process.
> Your advise on how to extricate this individual from my abode would be much appreciated.
Caroline, a named tenant on a lease can only be removed with the consent of all parties. You can’t force it unilaterally. Even if the roommate “leaves”, they are still named on the lease and remain responsible.
Sandra, it sounds like you have a roommate situation without a lease. You’d need to contact an attorney.
Sean, it will depend on the Judge. By now it should have happened and if your parents were able to pay, and sensible landlord would want them to remain instead of incurring a turnover.
Good luck CJ.
Mary, talk with the landlord and try to work it out. Ultimately, the Judge decides.
Thanks for all the comments.
Steve
When you go to file make sure you add the verbiage “and all other occupants”….this will make the process go smoother if there are multiple people on the lease, people living there that may not be the actual lease holder (i.e. sub-let that you may not be aware of).
Also….in Texas (at least Dallas) you can file for “writ of immediate possession” after being granted judgement. This, from my understanding, “starts the clock”, thus shortening the time it takes from court to setting the stuff out.
Per my TAA Apt. Lease (3/12/10 – 9/30/10) my apartmen rent is due on 1st. However, primary reason I leased the apt. was the original leaseing agents agreement to allow my payment to be made on the “2nd Wed.” each month (date Soc Sec.benefits are received) and waive late fees. She drew up a hand written “side agreement” signed by both parties & retained in their office folder, with my written contracts (I have copy). It simply states this agreement would apply thru Apr., May,and June, 2010. In Aug.2010, I later verbally agreed with her successor to continue the payment arrangement thru the remaining months, and again for two additional 6 mo.leases. The “side agreement” was never updated, and all extension of the payment arrangement were verbal. I am now into the “16th conecutive month” of renting. I have Money Oder receipts documenting the $ amount and date every payment ( Always the 2nd Wed. for the full rent amt.). I have NEVER been required to make any “Late Payments”. Note: as a company procedure management always delivers “Notice to Vacate for Non-Payment Rent” each mo.. to all past due tenants,( including me). A new manager hired in May, refuses to honor my arrangement and returned Money Order date 7/13/11, with a letter demanding payment by 7/15/11,including June & July late fees, otherwise eviction will be filed on 7/15. I feel like a JP might dismiss, What Say You ? Thanks
Per my TAA Apt. Lease (3/12/10 – 9/30/10) my apartmen rent is due on 1st. However, primary reason I leased the apt. was the original leaseing agents agreement to allow my payment to be made on the “2nd Wed.” each month (date Soc Sec.benefits are received) and waive late fees. She drew up a hand written “side agreement” signed by both parties & retained in their office folder, with my written contracts (I have copy). It simply states this agreement would apply thru Apr., May,and June, 2010. In Aug.2010, I later verbally agreed with her successor to continue the payment arrangement thru the remaining months, and again for two additional 6 mo.leases. The “side agreement” was never updated, and all extension of the payment arrangement were verbal. I am now into the “16th conecutive month” of renting. I have Money Oder receipts documenting the $ amount and date every payment ( Always the 2nd Wed. for the full rent amt.). I have NEVER been required to make any “Late Payments”. Note: as a company procedure management delivers “Notice to Vacate for Non-Payment Rent” each mo.to all past due tenants,( including me). A new manager hired in May, refuses to honor arrangement and returned my Money Order dated 7/13/11, with a letter demanding payment by 7/15/11,including June & July late fees, otherwise eviction will be filed on 7/15. What’s your thoughts ? I feel like a J P might dismiss, & I’m planning to move ASAP. Thanks
> I feel like a JP might dismiss, What Say You ? Thanks
I would fight this in JP Court and yes, you do have a good chance of prevailing. The consistent inaction against you by the management company essentially “changed” your lease agreement, whether it’s in writing or not. They can’t suddenly and without notice start enforcing the lease differently.
I’m not an attorney, and this isn’t legal advice. I’d check with Austin Tenant’s Council about this one. At minimum, I’d send a certified demand letter that the agreement be honored and state that if you’re dragged into court you will be counter-suing for “bad faith” triple damages. The corp office won’t want to touch this with a 10 foot pole and they work something out with you.
Steve
Apperciate the reply (especially triple damage) I guess ATC will talk to a Dallas county resd. I thought it was a total “bluff”, until she returned my payment, now Im not as sure (as acceptance would have prevented filing eviction). If someone owed me $900 and sent me $600, I doubt I would return the six and “demand” nine. Just not style, anyway I plan to sit tight and see who contacts me, the apt, mang. or someone with suit papers.
Id like to just cash the returned money order and move out.. That would teach’em (;-) Thanks Again
No, ATC won’t help a Dallas tenant. Try a Dallas Tenants Council if they have one.
> Id like to just cash the returned money order and move out..That would teach’em (;-)
That would be a mistake. What you should want is the status quo to be honored until a clear change is made with plenty of advance notice. This is when tenants get into trouble, thinking that just because something goes bad you should receive monetary gain from it. Give them a chance to review and correct, and be satisfied if they do.
Steve
Wow–great reading! So happy to have found your site this evening! Of course, I do have a problem! We own a home that we are renting to a wonderful family on a cul-de-sac in San Antonio. Our renters/all other homeowner’s on the court live in fear of the house NEXT to our’s. The home is being rented by a mother with two teenage sons. The Sheriff’s office has been called out MULTIPLE times (14 this year) for various reasons: Suspicious Persons, Suspicious Activity (drugs), Assault, Disturbance. Our great renters are thinking about breaking their lease because they have small children. We understand how they feel, but will be in the same boat trying to get new renters in to replace them.
The neighbors are fearful of teenage drivers hitting one of the 15 kids that live on the court. We are taking a united front to the landlord, but what can we do if he does nothing? The Sheriff’s office knows the house in question as some officers have been out 4 times in the last six months! Our HOA has been notified MANY times regarding the house and happenings. I am thinking the landlord would have to file as “Evicting for Breach of Lease”, since the mother is still living there. Do you have ANY advice for the court as homeowner’s or ourselves as landlords?
Thanks Steve!
MS
“I am thinking the landlord would have to file as “Evicting for Breach of Lease”, since the mother is still living there.”
What I mean by that is that she obviously hasn’t been evicted previously for non-payment.
Thank you for sharing this information. It has been very helpful. I am actually the tenant and I am 20 days past due on rent. I understand how the landlord can be severly upset, as my bankruptcy was filed less than 30 days ago and holds on my account have kept us from funds. The landlord stated that they do not allow “bankrupt” persons to live in there complex regardless of living here for a year prior. They also told my son that we had ten days to vacate. I went to pay the past due rent and an advanced months rent but they refused to accept it because they said they already proceeded with the eviction process. Although we are bankrupt, we had never been late on rental payments. Your information gave me insight of the landlords view. Thank you again. Good luck everyone with your legal issues.
Hi Steve,
My mom, stepdad, and brothers were evicted yesterday in Arkansas. I think due to foreclosure of the home even-though the loan company kept telling my mom that they were trying to re work the loan to keep this from happening…they refused payments in 2010 and told my step-dad yesterday that a payment had not been paid since 2008 which is not true. Anyways a moving company along with the sheriff showed up and packed up everything and moved them out. The only person home was my 11 year old brother. The sheriff tried to get them to come back next week so that an adult could be home. Is this lawful? Can they just come right in and do that?? Oh and they refused to take pictures down off the walls and broke lots of dishes and collectibles. Thanks for anything you can give me!!
> a moving company along with the sheriff showed up and packed up everything and moved them out.
That can’t happen without being proceeded by legal proceedings and notices, in any state. Your stepdad and brothers should contact an Arkansas Landlord/Tenant attorney to inquire as to whether or not they were improperly evicted. Good luck. Steve.
Steve, first of all, your article has helped tremendously! I do have a few addtional questions: I have a tenant that has had issues paying rent. My property manager sent all the proper notices, though the tenant refused to sign for the certified letters, refused to take her calls, and did not return her messages. After going through the eviction process, our case went to court. At the hearing, the judge ruled in my favor and ordered the tenant to vacate within five days and pay the 2 months rent that he is behind on but not the late fees. I think the tenant is trying to appeal (I believe he is a professional freeloader, and this isn’t his first time). On what grounds would a judge grant an appeal? How do I go about getting the money the tenant owes? If he vacates but doesn’t pay his utilities, will I be stuck paying them?
i rented a home to my uncle 2 years ago. he paid rent for 4 months then moved out of state and stopped paying rent leaving furniture behind and no address. after a year of not receiving any rent, i removed the furniture and re rented the house. now two years have gone by and my uncles wife wants her furniture back what are my options?
Steve,
My previous tenants broke the lease, and had moved out. They left the house in bad shape, damaged my wood floor, dogs urinated all over the house etc… The repair costs were more than $10,000. How can I proceed to get the money back? They didn’t leave the forward address of course. Thanks for your advise!
Steve,
Thank you for the Info. My tenant is late this month and giving me the run around. Just like you said. Telling me he’s out of town and can’t get to a computer and I drive by my house and he’s in there on the computer. I sent numerous emails asking when he was going to pay the rent and phone calls. He chewed me out once I did finally get him on the phone about what a nonchristian I was for harassing him over the rent. And never told me when he would. It does say in my lease “landlord does not waive the right to demand rent in full on the day it is due” so I felt like I was covered by sending him the “letter to vacate” certified mail.??? Does that sound right to you.? I’m going to follow your steps and hope for the best.
Thanks a ton!
Angie: Yes, provide notice to vacate immediately. Start the legal process to protect your rights.
Tina: In your situation, I’d file in JP Court for $9K, staying below the $10K limit and avoiding District Court. JP Court is easier and you don’t need an attorney.
Chris: Tell your Uncles wife to take a hike.
TRT: If the utilities are in your name, you’re stuck with them. If not, the utility company should go after the deadbeat tenant.
Steve
Hey Steve,
It’s Angie again. What happens if the constable goes to serve the eviction papers and my tenant never opens the door??? What do they do???
Thanks…Angie
> What happens if the constable goes to serve the eviction papers and my tenant never opens the door?
Tenant will eventually be served, else Constable will serve via “alternate service”, by leaving notice at the property.
Steve
What is the process of eviction of a mobile home owned by the tenant off of my property not for non payment and there was no lease it is family just allowed to put trailor on my property
Great Info.! I have followed your recommendations and I am currently evicting my tenant, for late payment of rent. I possibly could have evicted tenant for breach of contract, as well.
I will be going to the JP court tomorrow to file for a writ of possession. The information here is wonderful. I feel that tenants have more rights than the Landlord’s and they abuse them. We need more rights (especially in Texas) to protect the good Landlord’s.
Just want to say Thanks!
Ken M.
My friend died on 9/11/11 and I am Executor of a friend’s estate. I also inherited a rental property from my friend. My friend was non-confrontational and allowed a renter to stay in the property from late 2002 without paying any rent. I believe my friend did not know where a copy of the rental agreement was and therefore didn’t fight the renter. In going through my friend’s papers I found the rental agreement. I sent a certiried letter to the renter on 12/5/11 informing the renter of my friend’s death, informing him I was the Executor of the estate, and stating the renter needed to pay the agreed rent on or before 1/1/12, call me regarding back payments, and if he was no longer interested in renting the property, to return the keys to me. USPS tracking shows notification of the certified letter was left but it was never picked up. I then got a good email for the renter and on 12/23/11 sent him an email stating what had previously been sent in the certified letter. I also mailed him a copy of what was in the certified letter. On 12/26/11 I obtained an email from the renter stating “I will do that and I never received a letter.” As of 1/5/12 I have received no rent money. As of today I will mail and email a letter of late notice for the January rent. I will send a notice to vacate on 1/12/11 if I have not received any rent. What time limit is given in the Notice to Vacate? Can you give me any guidance on possibly recovering any of the nine years of non-paid rents?
Mary,
You need to consult and attorney on this one as you have a lot of non-standard issues involved. Good luck.
Steve
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