Comments on: Tenant Eviction in Texas http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/ Austin Real Estate Blog Wed, 08 Feb 2012 19:40:44 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Steve Crossland, REALTOR in Austin TX http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180947 Steve Crossland, REALTOR in Austin TX Tue, 07 Feb 2012 20:04:58 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180947 Paul, Don't accept any money from the tenant. Tell them to bring any money they may want to pay to the court hearing and that it can be discussed in front of the Judge at that time. Don't over-think the process or worry about every "what if". Just follow the process and don't make any new agreements or do anything other than show up for court. Everything will work out as long as you've done your notices and filings correctly. Good luck, Steve Paul,

Don’t accept any money from the tenant. Tell them to bring any money they may want to pay to the court hearing and that it can be discussed in front of the Judge at that time.

Don’t over-think the process or worry about every “what if”. Just follow the process and don’t make any new agreements or do anything other than show up for court. Everything will work out as long as you’ve done your notices and filings correctly.

Good luck,

Steve

]]> By: Paul Burek http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180942 Paul Burek Tue, 07 Feb 2012 19:07:11 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180942 If the tenant brings me the rent (or some portion of the 2 months of unpaid rent) prior to the eviction court date of Feb 14, 2012 or even at the court - am I expected to take it and stop the evicition proceeding? It would be good to get the money, but on the other hand, this tenant has violated multiple terms of the lease (which ends on the last day of this month) and based on prior broken promises, I am not convinced the tenant will vacate the property at the end of the month without an eviction judgement. Will a judge view me as being uncooperative if I do not accept the rent payment and cancel the evicition? If the tenant brings me the rent (or some portion of the 2 months of unpaid rent) prior to the eviction court date of Feb 14, 2012 or even at the court – am I expected to take it and stop the evicition proceeding? It would be good to get the money, but on the other hand, this tenant has violated multiple terms of the lease (which ends on the last day of this month) and based on prior broken promises, I am not convinced the tenant will vacate the property at the end of the month without an eviction judgement.

Will a judge view me as being uncooperative if I do not accept the rent payment and cancel the evicition?

]]> By: Steve Crossland, REALTOR in Austin TX http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180750 Steve Crossland, REALTOR in Austin TX Mon, 06 Feb 2012 16:24:20 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180750 Hi Brett, Texas law provides a 3 day notice, plus add 2 or 3 if mailing. Yes, you have to appear in person unless you hire an attorney or have a property manager. Steve Hi Brett,

Texas law provides a 3 day notice, plus add 2 or 3 if mailing. Yes, you have to appear in person unless you hire an attorney or have a property manager.

Steve

]]> By: Brett http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180747 Brett Mon, 06 Feb 2012 15:52:02 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180747 Hi Steve, I appreciate all of the good info on your blog. I have a question for you. I own a house in Travis County, but live in Galveston County (4 hours away). I am going to send a notice to vacate for unpaid rent today (regular mail). Once I have to file it in JP, will I have to go up there in person, or can I do it remotely? Also, how many days should I give to vacate? Hi Steve,

I appreciate all of the good info on your blog. I have a question for you. I own a house in Travis County, but live in Galveston County (4 hours away). I am going to send a notice to vacate for unpaid rent today (regular mail). Once I have to file it in JP, will I have to go up there in person, or can I do it remotely? Also, how many days should I give to vacate?

]]> By: Paul Burek http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180595 Paul Burek Sun, 05 Feb 2012 13:36:29 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180595 Thanks Steve - I hope the tenant leaves on their own, but this person has had absolutely no communication with me since Jan 14 about paying the rent or vacating. It does make me uncomfortable - thinking about putting a person's possessions on the curb - but I will absolutely do that when the time comes if the tenant has not left. In this neighborhood, if something is brought outside onto the front yard people, either assume it is free for the taking or you are having a garage sale and start making offers to buy it. I wanted to make sure I didn't have to guard it for any period of time. Thanks Steve – I hope the tenant leaves on their own, but this person has had absolutely no
communication with me since Jan 14 about paying the rent or vacating. It does make me uncomfortable – thinking about putting a person’s possessions on the curb – but I will absolutely do that when the time comes if the tenant has not left. In this neighborhood, if something is brought outside onto the front yard people, either assume it is free for the taking or you are having a garage sale and start making offers to buy it. I wanted to make sure I didn’t have to guard it for any period of time.

]]> By: Steve Crossland, REALTOR in Austin TX http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180532 Steve Crossland, REALTOR in Austin TX Sun, 05 Feb 2012 01:46:00 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180532 You are not responsible for tenant's belongings set at the street. You do have to get it all out there though, so you should have help lined up if it comes to that. Usually a tenant will clear out before that though. Steve You are not responsible for tenant’s belongings set at the street. You do have to get it all out there though, so you should have help lined up if it comes to that. Usually a tenant will clear out before that though.
Steve

]]> By: Paul Burek http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180523 Paul Burek Sun, 05 Feb 2012 00:46:38 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180523 Steve thanks for the quick response - I hadn't seen earlier posts on how to handle notices once the eviction was filed and Inwanted to make sure that I didn't lose my leverage by sending the wrong type of notice. Now I know to send no more at this point. One last question about the actual eviction process. Who is responsible for the tenant's possessions once they are put on the curb under the supervision of the constable? My main concern is that in this neighborhood it is not unusual for people to drive by and pick up things left on the curb - sometimes as it is being put out or very shortly afterward. If people start taking the tenant's possessions before the tenant takes them, do I have any liability? Steve thanks for the quick response – I hadn’t seen earlier posts on how to handle notices once the eviction was filed and Inwanted to make sure that I didn’t lose my leverage by sending the wrong type of notice. Now I know to send no
more at this point.

One last question about the actual eviction process. Who is responsible for the tenant’s possessions once they are put on the curb under the supervision of the constable? My main concern is that in this neighborhood it is not unusual for people to drive by and pick up things left on the curb – sometimes as it is being put out or very shortly afterward. If people start taking the tenant’s possessions before the tenant takes them, do I have any liability?

]]> By: Paul Burek http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180502 Paul Burek Sat, 04 Feb 2012 22:48:28 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180502 Steve thanks for the quick response - I wasn't sure how notices work after the eviction is filed. I have one last question about what happens during eviction if the tenant doesn't leave and the constable comes allowing us to put the tenant's possessions on the curb. This is a neighborhood where people come by and often take things off the curb within an hours or less of it being set there. Am I responsible if people come by and take the tenant's possessions off the curb while the constable is there or after he / she leaves and before the tenant gets it? Steve thanks for the quick response – I wasn’t sure how notices work after the eviction is filed.

I have one last question about what happens during eviction if the tenant doesn’t leave and the constable comes allowing us to put the tenant’s possessions on the curb. This is a neighborhood where people come by and often take things off the curb within an hours or less of it being set there. Am I responsible if people come by and take the tenant’s possessions off the curb while the constable is there or after he / she leaves and before the tenant gets it?

]]> By: Steve Crossland, REALTOR in Austin TX http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180495 Steve Crossland, REALTOR in Austin TX Sat, 04 Feb 2012 21:47:56 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180495 Hi Paul, No further notices are needed. Just stick with the eviction process. You will be awarded past due rent through the judgment date, including Feb to date (but not future Feb rents). Judge may give you rent through the 14th plus the 5 days appeal period, but not all of Feb rent. Good luck. Steve Hi Paul,

No further notices are needed. Just stick with the eviction process. You will be awarded past due rent through the judgment date, including Feb to date (but not future Feb rents). Judge may give you rent through the 14th plus the 5 days appeal period, but not all of Feb rent.

Good luck.
Steve

]]> By: Paul Burek http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180491 Paul Burek Sat, 04 Feb 2012 21:12:00 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-180491 I have followed your procedures for sending notices to a tenant who has not paid rent due on Jan 1 2012: Demand for payment, then the demand to vacate notice, then finally after waiting for the required time to pass I have filed for an evicition in the JP Court on Feb 1, 2012 and have a hearing date of Feb 14, 2012. The tenant has not paid the February 2012 rent at this point and it is time for me to send another demand for payment letter showing 2 months of unpaid rent. Since I have started the eviction process, does the demand for payment of rent (now 2 months) indicate that I will continue to pursue the evicition scheduled for Feb 14, 2012 unless full payment of rent is received prior to that date - or do I just send a letter demanding payment and not refer to any follow up actions since the eviction process has started? I have followed your procedures for sending notices to a tenant who has not paid rent due on Jan 1 2012: Demand for payment, then the demand to vacate notice, then finally after waiting for the required time to pass I have filed for an evicition in the JP Court on Feb 1, 2012 and have a hearing date of Feb 14, 2012. The tenant has not paid the February 2012 rent at this point and it is time for me to send another demand for payment letter showing 2 months of unpaid rent. Since I have started the eviction process, does the demand for payment of rent (now 2 months) indicate that I will continue to pursue the evicition scheduled for Feb 14, 2012 unless full payment of rent is received prior to that date – or do I just send a letter demanding payment and not refer to any follow up actions since the eviction process has started?

]]> By: Steve Crossland, REALTOR in Austin TX http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-176536 Steve Crossland, REALTOR in Austin TX Sat, 07 Jan 2012 02:34:57 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-176536 Mary, You need to consult and attorney on this one as you have a lot of non-standard issues involved. Good luck. Steve Mary,

You need to consult and attorney on this one as you have a lot of non-standard issues involved. Good luck.

Steve

]]> By: Mary http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-176451 Mary Fri, 06 Jan 2012 16:50:47 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-176451 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? 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?

]]> By: Ken M. http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-174539 Ken M. Mon, 26 Dec 2011 17:02:16 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-174539 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. 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.

]]> By: Raychel http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-173594 Raychel Wed, 21 Dec 2011 01:17:34 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-173594 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 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

]]> By: Steve Crossland, REALTOR in Austin TX http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-172620 Steve Crossland, REALTOR in Austin TX Fri, 16 Dec 2011 01:31:23 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-172620 > 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 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

]]> By: Angie Morgan http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-172434 Angie Morgan Thu, 15 Dec 2011 01:47:53 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-172434 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 :) 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 :)

]]> By: Steve Crossland, REALTOR in Austin TX http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-171818 Steve Crossland, REALTOR in Austin TX Sun, 11 Dec 2011 23:05:05 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-171818 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 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

]]> By: Angie http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-171808 Angie Sun, 11 Dec 2011 20:38:27 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-171808 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! 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!

]]> By: Tina http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-171309 Tina Thu, 08 Dec 2011 20:37:15 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-171309 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,

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!

]]> By: Chris http://crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-170717 Chris Mon, 05 Dec 2011 04:31:46 +0000 http://ben.crosslandteam.com/blog/2008/03/29/tenant-eviction-in-texas/#comment-170717 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? 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?

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