I have a tenant in a low income neighborhood in Dallas. They have not paid the rent for Oct. of November. They do not have any active utilities, not even water. They have not returned any phone calls or responded to notices.
Can I claim abandonment due to there being No utilities turned on and lock them out?
If you’ve posted notice, have you filed for eviction w/ the court?
I would post a 24 hour notice (or whatever is required in your area) and then go in and look at the house. If all their belongings are gone and they haven’t paid rent, I would consider than abandonment. However, you need to realize that without the key, you may not legally be able to take possession of the property. Personally, I would still do it, but they could fight you in court.
You should NEVER allow a tenant to get behind on rent like this. How are you going to make money in the rental property business is the tenants aren’t paying rent? I would strongly suggest that you start the eviction process the day after the rent is due!
Good Luck,
Mike
I’ve already posted the notice. Their things are still there. I think I’m going to change the locks. Can I just put their things out or do I have to keep it safe and then charge them for storage?
I was reading somewhere that there was a revisement to the TX eviction law that you don’t have to give them the key until they pay the back rent. Has anyone heard anything about this?
Unless the law has changed in the last four months (which I guess is highly possible :rolleyes), you still have to present them access to the property regardless of rent. And yes, you have to store their personal belongings for I think 30 days or until they pay the delinquent amount plus storage. You can also withhold the security deposit for unpaid rent.