My lease with some problem tenants ends on 9/1. She is making waves about not being able to move out on time. Can I go ahead and file eviction paperwork or do I need to wait? They are so far behind on rent that I can justify filing now. My grace is at the end of its rope.
Renters taking too long to leave - options?
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Last: 3 yr ago by itsyourboypookie
you're not going to get an eviction notice in time for 9/1
change the locks at 0100 on 9/2
change the locks at 0100 on 9/2
Give them two options:
1. Go through the eviction process with an eviction on your record.
2. I'll give you $500 if you're out on 9/1 with house clean and no damage.
1. Go through the eviction process with an eviction on your record.
2. I'll give you $500 if you're out on 9/1 with house clean and no damage.
Am I allowed to change the locks? I thought that was a no-no.Aggie@state.gov said:
you're not going to get an eviction notice in time for 9/1
change the locks at 0100 on 9/2
If a bank can foreclose in 90 days you should be able to evict ASAP if they are months behind. Or report trespassing if the lease is expired.
I seriously question the replies so far. Read your lease. Follow it to the letter. Does it require 30 day notice? Does that notice needs to be certified mail? Does it allow any actions based on non payment? You could really get I trouble not staying I the lease agreement
I would listen to this guy and defiantly not the one telling you to change the locks with the tenant still occupying the property.
my winkie face didn't make it thru the prior response.
That was my first step. I have done all I can per the lease. The renter is stating she doesn't have enough time to pack up all of her medical supplies and find a place to live. Throughout the year, I have allowed late payments and COVID missed payments. I have shown exceptional grace and patience.SteveBott said:
I seriously question the replies so far. Read your lease. Follow it to the letter. Does it require 30 day notice? Does that notice needs to be certified mail? Does it allow any actions based on non payment? You could really get I trouble not staying I the lease agreement
Let me re-state the situation:
I do not expect the renter to leave the premises on 9/1. I don't want to wait the 30 days or so to get an eviction hearing if I can go ahead and file right now.
They haven't paid August's rent yet. I doubt they will pay the amount owed on 9/2 when it goes up to 1250 per the lease.
https://www.nolo.com/legal-encyclopedia/the-eviction-process-texas-rules-landlords-property-managers.html
Terminating a Fixed-Term Tenancy Without Cause
A landlord cannot end a fixed-term tenancy early without cause. a lease guarantees tenants the right to stay at the property (so long as they don't violate its terms) for the duration of the time stated. When landlords wish to have tenants with a lease move out without having cause (such as a failure to pay rent), they must wait until the term ends. However, the landlord is not required to give the tenant notice that the lease isn't being renewed, unless the lease specifically requires it. For example, if the tenant has a year-long lease that expires in December and the tenant has not requested a renewal, the landlord does not need to give the tenant notice to move out of the rental unit by the end of December (unless such notice is required in the lease). When December comes around, the landlord can expect the tenant to move out of the rental unit by the end of the month.
When tenants don't move out at the end of a lease, they become holdover tenantstenants who do not have the protection of a lease. To remove a holdover tenant in Texas, the landlord must give the tenant a three-day notice to vacate. If the tenant does not move out by the end of the three-day period, then the landlord can file an eviction lawsuit with the court. (Tex. Prop. Code Ann. 24.005 (2020).)
sounds like your renter is currently protected by their original lease. when it expires that is a different story but right now they have a lease and you must abide by the section above.
Terminating a Fixed-Term Tenancy Without Cause
A landlord cannot end a fixed-term tenancy early without cause. a lease guarantees tenants the right to stay at the property (so long as they don't violate its terms) for the duration of the time stated. When landlords wish to have tenants with a lease move out without having cause (such as a failure to pay rent), they must wait until the term ends. However, the landlord is not required to give the tenant notice that the lease isn't being renewed, unless the lease specifically requires it. For example, if the tenant has a year-long lease that expires in December and the tenant has not requested a renewal, the landlord does not need to give the tenant notice to move out of the rental unit by the end of December (unless such notice is required in the lease). When December comes around, the landlord can expect the tenant to move out of the rental unit by the end of the month.
When tenants don't move out at the end of a lease, they become holdover tenantstenants who do not have the protection of a lease. To remove a holdover tenant in Texas, the landlord must give the tenant a three-day notice to vacate. If the tenant does not move out by the end of the three-day period, then the landlord can file an eviction lawsuit with the court. (Tex. Prop. Code Ann. 24.005 (2020).)
sounds like your renter is currently protected by their original lease. when it expires that is a different story but right now they have a lease and you must abide by the section above.
Best option presented if the property is not destroyedMartin Q. Blank said:
Give them two options:
1. Go through the eviction process with an eviction on your record.
2. I'll give you $500 if you're out on 9/1 with house clean and no damage.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
-George S Patton
Deats99 said:Best option presented if the property is not destroyedMartin Q. Blank said:
Give them two options:
1. Go through the eviction process with an eviction on your record.
2. I'll give you $500 if you're out on 9/1 with house clean and no damage.
And then deduct it from what they owe you.
The stories you rarely hear on the Bigger Pockets podcasts
Whatever you do, don't do what that dude in Washington state did.
Otherwise, you'll have to do some repainting.
Landlord goes too far
Otherwise, you'll have to do some repainting.
Landlord goes too far
Seems like a top notch dude
aggiebrad94 said:
I have allowed late payments.
I had a horrible tenant a few years ago, with attorneys and lawsuits. I learned NEVER deviate from the lease.
That's one of the victims. This is the landlord who shot and dismembered them.
If they have not paid August, go ahead and send them Notice to Quit certified.
Sometimes that will scare them
If they don't respond, file eviction.
That doesn't mean it will be on their record, but maybe they will take the time to try to move now.
If they move out before a court date, you won't need to go to court and it will be dismissed.
Sometimes that will scare them
If they don't respond, file eviction.
That doesn't mean it will be on their record, but maybe they will take the time to try to move now.
If they move out before a court date, you won't need to go to court and it will be dismissed.
Start the eviction process now based on rent not being paid.
Diggity said:
Seems like a top notch dude
How classy of you to shame a murder victim.
edit...
you're right, that was rude of me. Kid didn't deserve to die because of some stupid selfies...and a lack of rent paying ability
you're right, that was rude of me. Kid didn't deserve to die because of some stupid selfies...and a lack of rent paying ability
Bubba, sometimes it is better to bleed a little more, rather than cut off your whole arm. Been in the real estate game a long time and "cash for keys" worksNo Pressure said:Deats99 said:Best option presented if the property is not destroyedMartin Q. Blank said:
Give them two options:
1. Go through the eviction process with an eviction on your record.
2. I'll give you $500 if you're out on 9/1 with house clean and no damage.
And then deduct it from what they owe you.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
-George S Patton
Diggity, I felt you! The neck tats made him an easy target. I pass no judgement until this plays out in court. Maybe he tried to steal the old man's blue pills.Diggity said:
edit...
you're right, that was rude of me. Kid didn't deserve to die because of some stupid selfies...and a lack of rent paying ability
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
-George S Patton
aggiebrad94 said:
My lease with some problem tenants ends on 9/1. She is making waves about not being able to move out on time. Can I go ahead and file eviction paperwork or do I need to wait? They are so far behind on rent that I can justify filing now. My grace is at the end of its rope.
The fact they are behind on rent is all you need to know. Give 3 day eviction notice now. Check with your county to make sure they are hearing evictions, most are now as of 1 Sept but not all. Follow eviction process and get them out.
Also it would be a good idea to schedule an inspection of the unit so as to know just how cooperative they will be. If they don't move out on their own you are looking at 3 to 4 weeks to have them out. However, a lot of times the 3 day eviction notice is enough to motivate them to leave pronto.
Good Luck
Gave the 3 day notice on Thursday. Filed eviction paperwork today. Court date is Oct 1. Grrrrrrr
Renter said they would be out in 2 weeks. So, they steal 45 days from me.
Renter said they would be out in 2 weeks. So, they steal 45 days from me.
And, herein lies the dilemma if a future landlord does a background check...
On the one hand, you want to make sure future landlords know what they're getting in to. On the other hand, you don't want a future landlord to tell them "No" so that they squat longer at your property.
On the one hand, you want to make sure future landlords know what they're getting in to. On the other hand, you don't want a future landlord to tell them "No" so that they squat longer at your property.
out of curiosity - is there any way to sue them for back rent owed plus time they overstayed in small claims court? I know this is a "vindictive" option, but a judgement against them may help you recoup some costs at some point in the future.
My mom taught me years ago: "you can't get blood from a turnip".
I think that saying would apply here. Not worth the time and effort.
I think that saying would apply here. Not worth the time and effort.
Been trying like heck to figure out a way. Thankfully, the back tenant has paid this tenant has paid enough that I made decent money this year. Not good money but decent.histag10 said:
out of curiosity - is there any way to sue them for back rent owed plus time they overstayed in small claims court? I know this is a "vindictive" option, but a judgement against them may help you recoup some costs at some point in the future.
I made the mistake of showing kindness in a business transaction. Never again (I typed in my internet tough guy font).
Scrap is spot on. Walk away. Get them out and rent to someone that pays and live life.
https://www.bloomberg.com/news/articles/2020-09-01/white-house-says-cdc-will-halt-evictions-using-quarantine-rules
You may be stuck with them awhile - moratorium through Dec 31.
You may be stuck with them awhile - moratorium through Dec 31.
Unreal. Effing alphabet organizations with too much ****ing power.
It really is insane
aggiebrad94 said:
Gave the 3 day notice on Thursday. Filed eviction paperwork today. Court date is Oct 1. Grrrrrrr
Renter said they would be out in 2 weeks. So, they steal 45 days from me.
It does not appear to apply to their case. I don't think they will fight that they have been adversely affected by COVID. He is still working and she is on gov't disability.jopatura said:
https://www.bloomberg.com/news/articles/2020-09-01/white-house-says-cdc-will-halt-evictions-using-quarantine-rules
You may be stuck with them awhile - moratorium through Dec 31.