Tenant always late on rent/ currently 2 months past due, no contact from tenant

[fahadk1]

What is the name of your state?
Texas

My mom owns a residential property in Houston and I take care of the rent and mortgage payment on it. Since occupying the property from around November of 2005 the tenant has always been late. He did pay the late fees somewhat according to the lease. However I still have not received the February and March rent, it's already the 18th of March. Its usually his agent that communicates with me and sends me the rent. I reminded her about the two onths rent already late and she said she left messages on the tenants phone to remind him about this. I depend on the rent to make the mortgage payments so I can't have this go on much longer because any time this happens my mom is still responsible to make her mortgage payment. The tenant is out of town a lot but that's still no excuse to not pay rent on time, and do this every month. Curently they are already two months past due. I really don't want to go through the court or legal issues unless that is the only way to get them to pay on time or move out because I go to college and I don't know how much of a headache legal issues wil be. What can I do to let the tenant and his agent know that they need to pay on time from now on to act as a serious warning without actually pursuing legal action for now. If they still don't pay than I guess it might be inevitable to get them out. I would appreciate any advice.

 

[ENASNI]

Hasuus Christmoos

Knock Knock
Who's there?
Tex!
Tex who?
Tex two to tango!


Hallo Is not lak yur in New York City...

Texas has it's on code on how to treat deadbeat tenants.

read it and make them weep.( or is it reap...)

Come back if you have any questions, y'her)
http://www.housing-rights.org/subject_index.html

 

[queenofsand]

Assuming the property is in Harris county, there's a wealth of info here:
http://www.jp.hctx.net/evictions/default.htm

I know it seems like a hassle but obeying the law and doing things the correct way can save you time, money and headaches.

With people who take advantage of the situation, you have to get the upper hand and FORCE them to get with the program. As long as the tenant knows you will accept any excuse and give them another chance, they are going to do what they want, when they want.

Along with the info from Enasni's link, check out Ch 24 of TX property code for the law on evictions.
http://www.capitol.state.tx.us/statutes/pr.toc.htm

 

[fahadk1]

Thanks I'll try to read these as soon as I can. I glanced over them, it seemed really long! Right now I'm gong to send the tenant and his agent a letter demanding the rent within 15 days after which I'll sue and take them to court if I don't get the rent. Could it be the tenant might be doing this as a way to break out of the lease, so that I do go and file and file an eviction and he can get out of the lease by paying his rent?

 

[ENASNI]

Could it be the tenant might be doing this as a way to break out of the lease, so that I do go and file and file an eviction and he can get out of the lease by paying his rent?

Sorry pardner... not exactly understandin' yor questions.. (hitchin up jeans).

Ya mind commin' at me agin?



( It is mighty hard writin' like this.)

( Queenie... oh Queenie... your state is calling you!)

 

[queenofsand]

...sigh...

If you give a 15 day notice, then they will be 3 months behind. This tenant isn't going to pay until they are FORCED to do something. Issue a 3 day pay or quit. When the tenant does neither, mosey (just for you Enasni) over to the appropriate precinct and file for eviction.

You live in a huge metro area with God only knows how many agencies, universities, advocates at your disposal. Not to mention the gazillion lawyers listed in the yellow pages. Your money would be well spent to let a professional take it from here.

I know, it's the money. Or time. Or whatever. You've probably got just as many excuses as the tenant.

Sorry to be harsh...it's frustrating to provide valid info only to be told it's 'long' and you're going to send a letter that just makes your situation worse.

 

[ENASNI]

...sigh...

If you give a 15 day notice, then they will be 3 months behind. This tenant isn't going to pay until they are FORCED to do something. Issue a 3 day pay or quit. When the tenant does neither, mosey (just for you Enasni) over to the appropriate precinct and file for eviction.

You live in a huge metro area with God only knows how many agencies, universities, advocates at your disposal. Not to mention the gazillion lawyers listed in the yellow pages. Your money would be well spent to let a professional take it from here.

I know, it's the money. Or time. Or whatever. You've probably got just as many excuses as the tenant.

Sorry to be harsh...it's frustrating to provide valid info only to be told it's 'long' and you're going to send a letter that just makes your situation worse.

Sometimes it's hard to be a landlord....

You are the best Queenie... come on over to California sometime and we will go for Margaritas. .

I know we don't have that many cowboys here but our surfer-boys are kinda cute.

( and thanks for taking the Texas kidding... I just couldn't hep it)

 

[queenofsand]

Girl, you crack me up.

It's a given that landlording can be a beeyatch at times. But making things worse drives me crazy.

I'd be happy to share a pitcher of 'ritas with you.

You can have the surfer dudes, I've got my very own cowboy (well, he's not actually a cowboy but he's got the hat).

 

[fahadk1]

I wanted to give him 15 days because he's supposed to be out of town a lot and if he genuinely was going to pay then I didn't want to avoid that possibility. Also it stated 30 days on a form for demand of rent that I got from a legal form book so I thought 30 days might be some kind of standard that the tenant might be entitled to but obviously I thought that was too long so I came up with 15 days...

 

[fahadk1]

lol ENASNI, here it is cowboy:
What I meant was lets say the tenant has some kind of issue and he want's to leave the house for whatever reason but he cannot just get up and leave because he has a lease to follow which is a 12 month lease that ends in October 2006, so he cannot break the lease and if he talks to me thats probably what I would have told him. So he just stops paying rent as a way for me to just drive hime out. I think that's possible right? I'm saying this because I don't personally know the guy but I doubt he is unable to pay the rent just from the information we assumed based on the agents, etc. involved. Some good that blind trust
did.

 

[ecmst12]

You can have the surfer dudes, I've got my very own cowboy (well, he's not actually a cowboy but he's got the hat).

EVERYONE in Texas has a hat! I think it's a residence requirement or something

 

[jeff2006]

lol ENASNI, here it is cowboy:
What I meant was lets say the tenant has some kind of issue and he want's to leave the house for whatever reason but he cannot just get up and leave because he has a lease to follow which is a 12 month lease that ends in October 2006, so he cannot break the lease and if he talks to me thats probably what I would have told him. So he just stops paying rent as a way for me to just drive hime out. I think that's possible right? I'm saying this because I don't personally know the guy but I doubt he is unable to pay the rent just from the information we assumed based on the agents, etc. involved. Some good that blind trust
did.

If the guy is not paying his rent, regardless of how long his lease is, or what you think his ulterior motives are, why on earth would you hesitate in getting him out? People stop paying things. I once had a tenant that I inherited from the previous owner, lived there on my watch for like 6 years, sometimes a couple days late, but that was it. Then this problem came, went the entire month without recieving rent. Tried calling, no response. I had to get rid of her. You need to start the eviction, at the absolute latest, by the first day of the second month with no payment. You have to remember something, its cheaper for a renter to move in most cases than for them to pay you 2 months rent with late fees, so by the time their bill has accumulated that high, get them out. What difference dows it make how good of a tenant they are if theyre NOT PAYING????

 

[fahadk1]

It's cheaper for him if he's not required to pay the rent that he's delinquent on and he just disappears, but would I have to sue him for the rent money and is that seperate from the eviction? Our agent is looking into it and I'm supposed to meet him Saturday to get this moving. I've mailed a 3 day notice to pay also.

Thanks

 

[ENASNI]

Howdy... Howdy...Howdy.

but would I have to sue him for the rent money

Mos' likely, pardner.

and is that seperate from the eviction?

Well ya'now know sir, it all depends. If ya'll don't get his saddle-bags in court and he does do the ol' disappearn' act without him given' Y'all the keys. You get a judgement and eviction. That there Judge in that funny lookin' Dress-like thing will tell you what you win, Hoss.
That Judgement is what you can collect on.

Iffen The old rattlesnake charmer that be's your tenant does give you your keys but not your money, that is a whole different sack of rawhide.

That means a different kind of court, (still judge wears weird duds) and you have to do some trackin' So Do you have a good tracker?

Queenie, oh Queenie... tell me iffen I am leadin' this tender-foot down the wrong trail!

 

[HomeGuru]

It's cheaper for him if he's not required to pay the rent that he's delinquent on and he just disappears, but would I have to sue him for the rent money and is that seperate from the eviction? Our agent is looking into it and I'm supposed to meet him Saturday to get this moving. I've mailed a 3 day notice to pay also.

Thanks

**A; hire an attorney already. You are wasting your time and money.