Eviction Complications

[maril]

What is the name of your state? Texas
I am in the process of evicting tenants because I want to sell property. I have followed the law. JP granted eviction today and gave renters 5 days to appeal. Renters appeared stating that I was evicting them to get back at them for asking for repairs. They showed pictures of a backed up toilet and broken locks and door facings. I was never informed of plumbing problem and repairs were made to doors.We made 2 attempts to enter the property to make other repairs but tenants would not come to the door.I tried to inspect property about a week ago and was refused entry but could hear pounding. Sounded like they were beating the walls out. As we were leaving court they stopped by the clerks office to pick up forms to appeal and file a complaint against me and stated very loud that it would cost me at least $1,000.00. I have strong suspicions that they have done a lot of damage to the property and are going to try claiming it was already damaged. They also told the judge they were moving today but also ask if the 5 days to appeal meant 5 weekdays and did not include weekends. What I want to know is what they can file on me that would cost me $1,000.00?

 

[HomeGuru]

What is the name of your state? Texas
I am in the process of evicting tenants because I want to sell property. I have followed the law. JP granted eviction today and gave renters 5 days to appeal. Renters appeared stating that I was evicting them to get back at them for asking for repairs. They showed pictures of a backed up toilet and broken locks and door facings. I was never informed of plumbing problem and repairs were made to doors.We made 2 attempts to enter the property to make other repairs but tenants would not come to the door.I tried to inspect property about a week ago and was refused entry but could hear pounding. Sounded like they were beating the walls out. As we were leaving court they stopped by the clerks office to pick up forms to appeal and file a complaint against me and stated very loud that it would cost me at least $1,000.00. I have strong suspicions that they have done a lot of damage to the property and are going to try claiming it was already damaged. They also told the judge they were moving today but also ask if the 5 days to appeal meant 5 weekdays and did not include weekends. What I want to know is what they can file on me that would cost me $1,000.00?

**A: offhand, nothing that I can think off. They just blowing smoke.

 

[maril]

Thanks for giving me a weekend of peace. I have had a hard time with these people and I am afraid they have done a lot of damage to the property. The last time I was in the house it made me sick and I don't know how to describe the smell. I am worried they will try to claim I forced them to live in such a mess though the property was nice when they moved in.

 

[FarmerJ]

maril Spend the money on camera that will date the pics Or make sure they are marked by processor and once you get in there before cleaning a single thing start taking pics if you have to take 10 picts per room do it anything and everything they damaged those pics are going to back you up when you go after them in court for damage over and above the deposit .

 

[maril]

Thanks Farmer J. I will take lots of pics. They havn't paid rent in two months so I thought they had lived up their deposit. They told the judge they were moving today but my sister just drove by and said they are still there and both cars have not moved in several days. I honestly think they intend to appeal. I was wondering if I should go ahead and list the house with realestate agent as is. I can't stand dealing with them any longer.

 

[abezon]

they can't appeal unless they pay the full amount of the judgment first -- all the back rent & late fees & court costs. Also, they can't raise new grounds on appeal. Retaliatory eviction is a new ground and must be raised at trial court level before it may be argued at appellate court.

 

[FarmerJ]

Maril it certainly would be better to list the house after they are gone , Think about it atleast you can clean it up and repaint it , If the rugs are trashed take them out and grant a flooring allowence OR if they are hardwood sand em out and refinish them , You will get more money on the sale of the house if it makes a better impression , even if it needs other work if its clean and some work done to make it presentable it will payoff im not saying to turn house into a mini castle just cleanup and repaint can help with first impressions like no bad odors either

 

[maril]

Thanks Abezon and Farmer J for the good advice. Guess I will just have to wait the 5 days and see what happens. The renters did n0t seem to mind lieing to the judge about moving out yesterday so I doubt they will pay any attention to the 5 days and will still be there. The court did not give me any paper stating the eviction was granted so I suppose I just go back in 5 days it the people are not out of my house. Is that correct?

 

[FarmerJ]

return to the courts when your douments tell you and then they should issue a writ of restitution( is what it is called where I live) same as a court order restoring the possession of the property to you , the sheriffs dept will follow your states laws to restore your right of possession to the unit , what you need to find out and your local sheriffs office might be able to tell you is once the court order to gets to them then what is the rest of procedure . Hint you should find out now about that because you will need to if you dont have a key to the house , drill the locks out and If your not going to do it your self you will need to have a locksmith handy to drill out and change the locks . AND you need to find out what your states laws will allow you to do with any things left behind by the former tenant .

 

[maril]

I didn't get any documents from the court. The JP just ruled that the eviction was granted and that the renters had 5 days to appeal. Since I gave more than 30 days to vacate because I am selling the poperty the JP acted like it was cut and dried case. I left the court right after that. Guess I should go back Monday and ask them what next? Or do they mail me papers? I do have keys to the property.

 

[FarmerJ]

once enough time has passed if they are still in the unit yes go back to courts clerk and let them know tenant is still living there , And go from there . hang on to those keys it certainly makes sherriffs job easier if it comes to that .

 

[maril]

Thanks Farmer J. You have been a big help. Have a Happy New Year.