help with eviction

wHAT CAN I DO IF a holdover tenant who wont leave changes the locks before i get an eviction? Should he have to pay for new locks?

I charge the tenant with everything I have to do to get the property ready to rent (just like when they moved in) besides normal wear and tear. New locks if they changed the locks also (although I change the locks each time anyway)

That’s something you’ve got to ask your lawyer. In most, if not all areas, it has to be done with court approval if you’re dealing with a residential tenant. In my area, you need a court order to get the key if he changed the locks and refuses to give you one or to change it yourself and you need a court order to have him pay for the new locks. The only way you could legally change it yourself is if there was an emergency inside and you had to have the locksmith damage the lock to get inside.

Again, if you don’t know what an emergency is, you should consult with your lawyer so you don’t get sued for it.

No biggie. We had a tenant change the locks on us once (not that long ago) … she changed the deadbolts on some burglar bar doors, and they were well built … then moved out and kept the key. Ugh.

I could either pay $75 for a locksmith to come out and pick the locks OR I could attempt to cut off the deadbolt myself…but in this case I paid my welder $25 to use his tools to quickly cut through the deadbolt (it was so easy it was actually kind of scary, LOL) and that let me right into the place. =)

A $30 grinder with a cutting blade will cut through any deadbolt in no time. LOL!!! I already own one of those, and I will just use that next time if I need to.

…and YES - the tenant should pay for new locks. But if you’re evicting them and if they’re broke & already have bad credit…your recourse could be limited to their deposit, even if you get an eviction judgement against them.

Thanks but thebad part of thisall is he has never paid rent and wont leave, He was staying with my mom who passed away and its his land the mh is on and he wont leave. What form would I use to get rid of him if he neverr rented or had a lease? Isnt a summary judgement for renters?

In Texas - in Dallas county specifically - here’s how you would do it.

Basically you’d file these forms (note: the form titles may not be exactly the same, but they’re similar) + pay a fee, to get things rolling…

  • Motion for eviction (the form that gets the eviction “lawsuit” filed)
  • Military affidavit (it says they are not in the military)
  • Immediate possession bond (this is optional, and allows you to take possession of the property sometimes within 24 hours after you win in court)

After you go to court, which for me has been as fast as 10 days…99% of the time they do not show up if they have not paid their rent. In Texas, even if they do show up, they almost always lose an eviction lawsuit for not paying rent…no matter what their excuse is.

After you get the judgement, you can go immediately back to the lobby and request a “Writ Of Possession”…and within 24 hours up to a week, depending on if you filed the immediate possession bond or not, ARMED constables will come bang on the property door and force the people to leave. There is very rarely any sort of “conflict” from the tenant at that point, assuming they have not already moved out.

The first thing you do, is change the locks. Then I would have my handyman and a couple other guys remove all the belongings of the individual to the curb.

After 24 to 48 hours, it can go in the trash, assuming the neighborhood kids haven’t already picked up the stuff at night (lol).

See ---- that’s a tenant advice website kind of covering the same thing.

The above advice is the “basics” of how it works in Texas. It is probably different elsewhere.

But go see a lawyer - it’ll make your life easier. :wink:

Hey CEO that was a great explanation and nearly identical to the process I was told would be the case in Clark County NV where I am managing a family property. The property manager gave me that explanation. Any idea if that holds true for NV? Or a good resource without hiring another attorney?

Check your state’s LL/tenant laws and also call the county court and talk to the clerk who handles evictions. That should school you up on everything where you manage the property.