We live in Odessa, Tx and have 5 townhouse that were relativly trouble free till 2 months ago. One tennant didn’t pay and now they are 3 months behind. I know I’m a softy but they had really good reasons but that does not put cash in my hand I just kept telling myself they were having trouble and would eventually get caught up on the rent. 3 months down the road I can see that is not gonna happen in this lifetime.
I did send them to all the charities here in town but I am not sure how that is gonna work out.
I have always heard that it’s a long process to evict tennants but can anyone tell me the step by step process here in Texas ?
The County courthouse will direct you to the local JP (Justice of the Peace) office. You should have given them written eviction notice prior to filing the eviction at the JP office. A visit to their office will teach you all you need to know. They can not pratice law you should have some guide lines of the process.
<<I know I’m a softy but they had really good reasons but that does not put cash in my hand>>
There is a single “good reason” that a tenant doesn’t pay the rent – he/she is deceased (and then it’s kind of a moot point)…
Going in you need to drive home to tenants that their housing costs MUST come first – before ANYTHING else!!! This must be enforced. No excuses!
Old military adage: “The maximum effective range of an excuse is zero meters”!
Be hard but fair. If you run your business like a charity, I guarantee problems. This tenant will continue to “roll you like a big dog” each time he pleases and the word will get to the other tenants that you’re a pushover. Don’t misunderstand me, I am very good and very fair to my tenants. Maintenance does NOT go deferred for more than 12 hours. They all get a nice Holiday gift (like a gift certificate to local restaurants, etc.)…but they’re gonna pay the rent on time!
So, what is the status now? Are the deadbeats evicted? What is the law in your state? What is your rights? What is the rights of the tennant?
Do you know how long it will be before they are out?
Good luck in getting new tennants!
Bottomline, you want someone to pay that note. It is their problem that they can not. Move on…
That written eviction notice that Ted mentioned is the three day Notice to Cure/Quit form. Post it on the door and then send a copy by certified mail. If you need a copy you should find one at www.legaldocuments.com. This starts the process. If you need more info for TX just write.
TX is a landlord state. You have the power, you need to use it.
Always be nice when talking to your tenant. Let them know that the rent is not forgiven and although you understand that their problem hurts, they must pay you. If you come off as a jerk they will kick your walls in. In the state of Texas you have to give them a 3 day notice. Staple it to the front door or send it by certified mail. This notice informs them that in accordance with the lease they signed, failure to bring current all past due rents, late charges, and penalties owed, or vacate the premise within 3 days, will force you to file Forcible Entry and Detainer. After the 3 days, go to the local courthouse and file for eviction. They will give you a court date. They will notify the tenant. This is done by a constable (an actual cop with a gun and squad car) it costs you $10.00 what a bargain. If the tenant shows up the judge will ask for the tenant to pay you the money. The tenant will say blah, blah, blah, and in Texas the only defense is to have paid the money and can prove it. This is typically that the landlord did not keep good enough records to know he has been paid. Since you kept just normal records (a numbered receipt book is enough) that will be sufficient and the judge will give the tenant 5 days to get out. If they are not out in 5 days go back to the courthouse and get a sheriff to go to the house and evict them. If they are not out the sheriff will coordinate with you and you need to hire some day laborers to take with you, the sheriff will allow you to put their belonging out and change the locks.
The whole process takes about 30 days. You should always start at day 3 after the rent is late. A real legitimate problem will be solved before they get kicked out. Any thing else, and the tenant is not planning to pay. If they offer partial payment, your lease should say that the partial payments go towards fees, first and rent last. The judge will not evict based on fees being owed. That stops the tenant from paying you $10 per month and claiming it is partial rent and dragging it out.
I notice in most of the Texas eviction post that there is the magic “3-Day Notice”. I say everyone that puts this needs to know the real facts. In 100 eviction cases I am able to do the three day notice maybe five times. You can’t just post a three day notice and it’s all done. To give a three day notice you have to consider the following:
Do you have a written lease? If so does your lease allow for less days or more days. The TAR lease (Texas Association of Realtors) allows for a ONE DAY NOTICE. However, the way you deliver or present the notice determines if it is valid.
If you have a verbal lease you can do a three day notice ONLY if you deliver it properly
Most online leases purchased by most owners require a 7 to 30 day notice. That’s because that’s what your lease states. I received two evictions today and one requires a thirty day notice and the other required a 14 day notice.
Now, many of you have filed a few evictions and the person didn’t show up and now you are an expert in evictions. There is a lot more to eviction a person now than doing just the notice. Residents are smart and know their rights. They know what they can do and can’t do.
The thing I am trying to convey here is the Texas Property Code is used IF you don’t have a written lease or your lease is not valid for some reason.
If you are going to serve the notice make sure it is done correctly. Remember the Judge may ask you how you served notice. If the resident says they didn’t get the notice and you have no proof what do you say?
Just go ahead and do the right thing the first time. Send it by regular first class mail, certified mail return receipt AND place on the front door. REMEMBER THAT PLACING THE NOTICE ON THE FRONT DOOR IS NOT ACCEPTABLE DELIVERY IN TEXAS. Your regular judge may allow it, but it’s not proper according to Texas Property Code unless a specific criteria is met.
When in doubt go to the court and watch what the judge does in ruling on evictions. You will be shocked. In larger courts in Dallas County, Colling County, Denton County and Tarrant County you will see 25% to 50% of the cases kicked out. Why are they kicked out? PROPER NOTICE WAS NOT DELIVERED.
I see attorneys all the time losing their cases because of one sentence. I see apartment managers with 10 plus files losing cases as well.
Again, if the resident doesn’t show up you will win IF the judge does not read your lease or your notice or ask how you served notice. Otherwise make sure all your ducks are in a row.
I just kept telling myself they were having trouble and would eventually get caught up on the rent. 3 months down the road I can see that is not gonna happen in this lifetime.