How To Evict USERS/LOSERS

[Mike1234567]

I recently rented a dwelling to two half-brothers and they don't pay the rent on time. When I asked for the rent (weekly) they seemed to become agitated. They don't seem to understand that rent is due then they stay for that time period.

I called my local Sheriff who told me they can't help me even if I inform my tenants they're trespassing and must leave. They tell me I must go through the Justice of the Piece in order to have them evicted.

Is that right? How long will that take???

 

[Southpaw]

Texas Tenant Advisor

Do you have a signed rental agreement?

 

[RACER X]

A long time, months even

 

[Mike1234567]

Texas Tenant Advisor

Do you have a signed rental agreement?

No... just a verbal week-to-week agreement of $150 per week and a little bit of labor on the property such as mowing, etc.

 

[Southpaw]

No... just a verbal week-to-week agreement of $150 per week and a little bit of labor on the property such as mowing, etc.

I'm not sure what you can do as far as anything within the typical eviction process then. Also, are they half brothers to you? If so, being family, I think that makes the situation even more complicated.

Sorry, not much help but I am sure someone with more knowledge will show up shortly with advice.

 

[bones_708]

You have to serve them with a eviction notice giving them a set amount of time to leave. For an emergency you could do a 3 day notice but normally it would be 30 or 60 days. Since they are on a week to week I would give them 30 days. You have to have some specific terminology in the notice so I would download one from online. If they don't move out them you file an eviction suit with your JP court. Your tenant will be served a notice and they will have 7 days to answer. If they don't, which most wont, then you will get a default judgement and a writ which will be served by a constable evicting your tenants. If they do answer then it's up to the JP but usually the tenants will be ordered to vacate in 5 days depending on the JP and the circumstances. They then can appeal within those 5 days. If you are evicting them for failure to pay all they will have to do is get up to date to end the eviction so if you don't want that evict for some other reason.

 

[ZX9RCAM]

Major suckage.....

 

[Mike1234567]

I'm not sure what you can do as far as anything within the typical eviction process then. Also, are they half brothers to you? If so, being family, I think that makes the situation even more complicated.

Sorry, not much help but I am sure someone with more knowledge will show up shortly with advice.

They're not any relation to me... just half-brothers to each other. And they apparently seem to move from place-to-place taking advantage of those who trust them.

 

[rsayloriii]

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm

" Sec. 24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.
(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days' written notice to vacate before the landlord files a forcible detainer suit unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease and the tenant timely pays rent and is not otherwise in default under the tenant's lease after foreclosure, the purchaser must give a residential tenant of the building at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease. The tenant is considered to timely pay the rent under this subsection if, during the month of the foreclosure sale, the tenant pays the rent for that month to the landlord before receiving any notice that a foreclosure sale is scheduled during the month or pays the rent for that month to the foreclosing lienholder or the purchaser at foreclosure not later than the fifth day after the date of receipt of a written notice of the name and address of the purchaser that requests payment. Before a foreclosure sale, a foreclosing lienholder may give written notice to a tenant stating that a foreclosure notice has been given to the landlord or owner of the property and specifying the date of the foreclosure.
(c) If the occupant is a tenant of a person who acquired possession by forcible entry, the landlord must give the person at least three days' written notice to vacate before the landlord files a forcible detainer suit.
(d) In all situations in which the entry by the occupant was a forcible entry under Section 24.001, the person entitled to possession must give the occupant oral or written notice to vacate before the landlord files a forcible entry and detainer suit. The notice to vacate under this subsection may be to vacate immediately or by a specified deadline.
(e) If the lease or applicable law requires the landlord to give a tenant an opportunity to respond to a notice of proposed eviction, a notice to vacate may not be given until the period provided for the tenant to respond to the eviction notice has expired.
(f) The notice to vacate shall be given in person or by mail at the premises in question. Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice to vacate on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door.
(g) The notice period is calculated from the day on which the notice is delivered.
(h) A notice to vacate shall be considered a demand for possession for purposes of Subsection (b) of Section 24.002.
(i) If before the notice to vacate is given as required by this section the landlord has given a written notice or reminder to the tenant that rent is due and unpaid, the landlord may include in the notice to vacate required by this section a demand that the tenant pay the delinquent rent or vacate the premises by the date and time stated in the notice."

 

[Mike1234567]

SHIT!!!

But what about an unwritten VERBAL agreement??

Can I change the locks while they're away??

And if I do change the locks and they BREAK IN... what then???

 

[Younggun]

I'd call the JP and try to get all that stuff translated to English.

But yeah, I read about some nightmare cases of people moving in to a house or a few days as guests and refusing to leave. Seems like it was all the rage in Kali for a while.

 

[Glockster69]

But what about an unwritten VERBAL agreement??

Put simply, not smart.

 

[bones_708]

SHIT!!!

But what about an unwritten VERBAL agreement??

Can I change the locks while they're away??

And if I do change the locks and they BREAK IN... what then???

You must use the legal eviction process. Until you do so it's their residence you cannot legally keep them from it. They can kick in the door without a problem.

 

[bones_708]

Next time they don't pay on time give them a 3 day quit notice. You can download one easy enough. Lots of time people will leave and you won't have to file with the JP.

 

[Dawico]

Give them a week free to GTFO. Written and signed of course.

Not saying it is legal or binding, but worth a try.

 

[txinvestigator]

You must use the legal eviction process. Until you do so it's their residence you cannot legally keep them from it. They can kick in the door without a problem.

And the landlord can be held liable for damages incurred while they gain access to their residence.

 

[txinvestigator]

Everyone should watch Judge Judy.

 

[bones_708]

Everyone should watch Judge Judy.

Really. You cannot self help.

 

[Renegade]

Having recently done this for another family member, it is not as hard as it sounds. I gave them verbal notice to get out. A week later they were still there, I made it clear I was serious, and if they made me go the JP route, I would open up the largest can of legal whoop-ass I could find (they were stoners, had unregistered cars, I knew one did not have DL, etc.) Find their weaknesses and make it easier for them to leave then stay.

 

[benenglish]

This data is 35 years old. I figure the best way to scare up current info is to post this and wait for people to jump on me with corrections.

After the rent is not paid, you can wait a day or three to start the process.

• Day 1, rent due but not paid - Knock, yell "Landlord", unlock the door, look inside to confirm they haven't skipped, leave a 3-day vacate notice in the door frame so that it's obvious you opened the door. Expect to be assaulted.
• Day 4, morning, they're still there - File a "failure to pay eviction notice" with the JP court that has jurisdiction.
• Day 10, they're still there - Attend the hearing in JP court, obtain an order to vacate in 7 days. With a Constable in tow, serve the order on someone in the residence over 15 years of age. This is best done at 2AM when you catch them in bed. You have the right to enter. They don't have to accept the service. Just slap it on their leg while they're still in bed and tell them "You've been served." Then leave. Quickly.
• Day 17, still there - As soon as possible, the Constable brings movers. You let them in and empty the unit with all property going to storage. Tenants will have to deal with the Constable to get their shit back. They are resposible to pay the Constable fee, storage fee, and dreyage in and out.

Other stuff -

• At any time as landlord you have the right to change the locks but you must post a notice on the door saying where they can get a key, 24 hours a day. You must give them the key up until eviction is final. They don't have the right to damage the property to get in. Doing this is the best way to get answers to your questions about when or if they're going to stay. Meet somewhere safe!
• The worst thing you can do is nothing.
• A close relationship with a Constable is invaluable.
• What you're really hoping for is that they'll skip and avoid the hassles of dealing with the legal system.
• If you know an apartment manager, they go through this every month and hate deadbeats. They might be willing to give you go-by forms, current timelines, and even the number of a Constable who likes making the extra money from these cases.

Now, who wants to bring me up to date?