Being told to evict by court clerk when Tenant is gone.

[mark1210]

What is the name of your state? TX

I am pursuing a tenant who left without fulfilling the duration of their lease. I am being told by the County Clerk that I must file an eviction suit to get back rent. Is this correct? The clerk also states a seperate case must be brought against the tenant for any future charges or monetary damages (cost to re-lease, damages, etc)

The tenant has already vacated and left so why would I go the eviction route? Also...who will the constable serve...he isn't there anymore and I don't have forwarding information.

Thanks!

 

[seniorjudge]

How much damage (in dollars) have you suffered?

"Cost to re-lease" is not generally considered damages but a cost of doing business.

This is not a legal answer but a common-sense one: Just re-rent the thing and forget about that renter. I am a landlord and know what you're going through.

Just a thought....

 

[mark1210]

seniorjudge--

About 900.00 which is 2 months rent and water. Maybe I am just confused..but I dont' see the logic in needing to file an eviction case if the tenant has left on their own accord. Wouldnt' it be some other kind of suit?

I'm afraid to release the property since its still legally in their posession even though they aren't paying rent or living there.

 

[BelizeBreeze]

I'm afraid to release the property since its still legally in their posession even though they aren't paying rent or living there.

And that is exactly why you need to evict. Read your state's L/T laws and follow the procedure listed there for eviction.

And be wary of court clerks giving legal advice.