Deadbeat Tenant-- When can I deny access?

[mark1210]

What is the name of your state? Texas

I had a tenant who entered into a lease agreement for 6 months to live in my home. This person has moved out early (2 months into lease) and attempted to break the lease by saying I could keep the deposit. This person claims they could not live there any longer as I brought my significant other to live with me. This person also has left personal belongings in the home. How long must I wait before I can change the locks and deny this person access to the premises? This person's rent is 10 days past due. I know that this person has got her mail forwarded and have seen this person moving their belongings out of the home. I have sent a past due letter to what was her address so it would be forwarded to her. No response to that, no response to my e-mails either.

I don't believe a deposit can be used in such a manner, and even if it could it is not nearly enough to even cover one months rent. Not to mention there are still items left to dispose of and the premises were not cleaned.

Also, how can this person be served when they did not leave a forwarding address?

Thanks.

 

[BelizeBreeze]

Since you are now a landlord, you must follow your state's L/T laws in evicting the tenent. Without following the exact letter of the law, you cannot bar access to HIS/HER dwelling.

Now tell me, you DID get this lease in writing right?

 

[mark1210]

Yes, this person entered into a signed lease and also an application. Any ideas where I can find Texas L/T laws? Also, by evicting them, do I lose my ability to pursue this person in court?

The last I heard from this person was that this verbiage contained in the lease was illegal and allows them the breach the contract:

Term:

The lease term will begin on xx xx, xxxx and will terminate on xx xx, xxxx. Tenant may submit a change in lease term in writing and it must be signed and accepted by both parties. Landlord may terminate lease by providing Tenant 30 days written advance notice without Tenant's acceptance/signature.

I do not believe it to be illegal, perhaps unenforcable. Irregardless I have a Severability clause in the contact that states:

Severability:

If any portion of this Lease shall be held to be invalid or unenforcable for any reason, the remaining provisions set forth shall continue to be valid and enforcable.