Trash!

[bender4225]

What is the name of your state (only U.S. law)? texas

So I already have a judgement against my tenant for eviction (non payment of rent), he has appealed and is refusing to vacate. There is a HUGE pile of trash in the back yard. I found out he has NEVER had a trash account with the city so there is 7 months of trash rotting in my back yard. Neighbors have called me to complain. He wont let me on the property. What can I do?

Trashy people and their trashy ways!

 

[FarmerJ]

How many more days with tenants appeal ? Go on over to one of the neighbors and ask them to let you take pics from their yard. I cant help but wonder what good the tenant thinks there is in appealing a eviction based on non payment. Sounds like your going to have to use the system to get tenant out, in other words after the next hearing if tenant still wont leave youll have to use the sheriffs dept to bodily remove the tenant. On that day bring a camera , inventory with pics tenants personal property , be prepared to change the locks then follow your states laws re the tenants property , plan on suing the tenant for the cost of hiring a dumpster & other damage to the property and make sure you address deposit with in time your state allows even if it is to tenants last known address , your property.

 

[HatRack]

Know your State laws

TX is a LL friendly State. In a case of non payment of rent. A TX LL can lock the tenant out. Leaving a note on the door of the dwelling to contact the LL to meet in person to get a copy of the new key. Requesting payment in full for back rent by a formal notice sent by mail at the same time. With a 3 day notice I think for TX? You can also as a TX LL hold real property of the tenants as collateral for back rent owed. I can only dream that CA LL/TT law was so LL friendly.

It is in your best interests as a LL to read and know your LL/TT laws well. Know them better than your Tenants. I suggest you join a Landlord Association close to the area of your rental. The Association will be very helpful to you. You can get Lawyer proof read forms leases rental agreements notices etc from the Association. These documents are designed to work together to keep the LL as legally correct as possible. I also suggest that you hire a flat fee eviction lawyer in your area. The Association can also help with this.

In CA if you call in to the Health department about the trash pile.
You as the LL will bear the responsibility of cleaning up the mess with now a time frame with a due date to clean up the health hazard.

In TX I don't know how this would work out?
Trash pickup is on the LL from the start in CA. So TX law maybe different as the tenant has to open a trash account upon move in.

Many LL's all over the USA require proof that the applicant who wants to rent a dwelling that they have put the utilities in the tenants name which could include trash pick up. Renters insurance etc before the LL will sign the rental agreement if Month to Month or sign a term lease. If the applicant's do not provide all the things required to rent the dwelling then they don't get a signed agreement or the keys. Back to showing the dwelling and screening applicants.

I realize that this doesn't help you now. It will help you with your next tenant.

If I were in your situation. I would have hired a flat fee eviction lawyer a while back. They are not expensive. Usually $100 more than your filing fees if you did the eviction yourself. The eviction will be done right with no wasted time if you made mistakes.