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View Full Version : TENANT PROBLEMS Texas


locorider21
09-13-2006, 08:51 PM
I am a landlord and i have a tenant that by far has been the worst so far. She moved in on the 31 of July. It came to be mid august and we asked her for her deposit and first months rent. (we let her move in first to allow some time to come up with the money) When we did this, she demanded many things. A new stove, and a new microwave. Weve put over 2 grand in that house since she moved in. When she depoisited her deposit and 1st months rent, the checks bounced. She deposited again and the check bounced. Finally we probably got half of what we needed from her. We handed her the lease mid august. Now she refuses to sign it until we make changes to the house. Nor will she pay rent. She deducts things from the rent when she buys things for the house, and are not approved by us. What rights do we have to remove her from the house. She doesnt have a lease so what are our rights to kick her out. How much time must we give her under texas law?

BROOKS
09-13-2006, 10:01 PM
You can give her a 3 day notice to quit and start eviction proceedings. If you are providing utilities you can with a five day notice cut them off. I suggest you contact an attorney and have him or her handle it, you are out of your element and this tenant will eat you alive. Never let anyone into your home until you have done a tenant screen and credit check, and all rent and deposits have been paid with a money order or cashiers check.
check out your rights below.

http://www.capitol.state.tx.us/statutes/docs/PR/content/htm/pr.008.00.000092.00.htm

rainasky
09-13-2006, 10:25 PM
A tenant cannot typically withhold any rent for repairs made unless it is agreed upon in advance by both landlord and tenant, or in some cases where the tenant has notified the landlord of the repairs needed and the landlord fails or refuses to make such repairs.


§ 92.058. LANDLORD REMEDY FOR TENANT VIOLATION. (a) If
the tenant withholds rents, causes repairs to be performed, or
makes rent deductions for repairs in violation of this subchapter,
the landlord may recover actual damages from the tenant. If, after
a landlord has notified a tenant in writing of (1) the illegality of
the tenant's rent withholding or the tenant's proposed repair and
(2) the penalties of this subchapter, the tenant withholds rent,
causes repairs to be performed, or makes rent deductions for
repairs in bad faith violation of this subchapter, the landlord may
recover from the tenant a civil penalty of one month's rent plus
$500.
(b) Notice under this section must be in writing and may be
given in person, by mail, or by delivery to the premises.
(c) The landlord has the burden of pleading and proving, by
clear and convincing evidence, that the landlord gave the tenant
the required notice of the illegality and the penalties and that the
tenant's violation was done in bad faith. In any litigation under
this subsection, the prevailing party shall recover reasonable
attorney's fees from the nonprevailing party.

turbowray
09-13-2006, 10:33 PM
A microwave isn't part of the deal either, she is asking way to much, and on purpose! I hope you evict her as soon as possible. She is the reason why good people who really need a chance to come up with deposits, not ever get one. Thanks for being so kind (since she did not even say it or show it)! I hope in the longrun, that your kindness comes back around to you!

TXCookie
09-14-2006, 02:35 AM
We have a couple of Rent Houses & when I first had somewhat similar problem to yours, I contacted the Justice of the Peace's office to ensure I did things correctly. They said send Certified letter saying pay or get out within... IF they don't comply (which they won't most likely) - you go to Judge's office & file (for $$) then a date is set up for you & her/them to appear. The Judge handles from there - if they don't show you automatically win & either way if they don't comply - the Sheriff will be there at property at set date to 'force' them out.

I've learned valuable lessons as we go - one being, have a good lease & make them sign it BEFORE moving in & secondly, chances are, if they can't come up with $$ prior to move in, the odds aren't in your favor you'll get full rent on time each month. AND if it bounces, CASH or MONEY ORDER from that point on (in our lease).

I try to be nice & have given some the 'benefit of the doubt' or believed/tried to help but it only gets worse. GET HER OUT NOW!! & make sure it's legal!

Good Luck to You!!

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