tenant evication

[lydia m villarreal]

Help,
I live in Texas and am new to the Texas laws regarding rentals I have home.

I rented out and on Nov 10 when the rent was due she called saying she was going to move out and could I just keep her 500 deposit for the month of Nov and she thanked me for being so understanding we have a verbal agreement no contract because I explained to her that it was going to be month to month and if she didn't pay she would be out. She agreed so then she calls and says that now she wants to pay me and she will stay but number 1 her deposit went down to 400 because 100 went for damage to the garage . She agreed and said no problem . So now we are the 8 of dec I explained that she needed to be out by this Sunday that was exactly 10 days after she threatned to move out anyway she has only paid 110.00 for the month of Nov if I include the deposit she has only paid 510.00 for Nov. And now she says that she doesn't want to worry she found a new place but she can't come up with the money. I have new renter that want to move in on the dec 28 and she knows this. I know she played me. But lets get past that and what if any legal rights do I have, If any????

 

[HomeGuru]

You have the right to evict her.

 

[Wgoodrich]

Not an attorney but am a landlord. In my state we have what is called a county court, sometimes called small claims court. This court is usually where evictions, damage claims, back rent claims are filed. This court is commonly done self defended. Many do use an attorney depending on the value you seek and risks involved.

If I were you I would check with your local Court house and see if such a court is available, how much the filing fees are, how long before the case is heard, and whether you are required an attorney or not.

In my state the filing fees are $35, no attorney required, hearing is usually set within two weeks.

If you have approximately the same then I would file for eviction, and the total back rent owed, and a high amount for damages that may be present after you get possession of the apartment.

You might ask the hearing officer for an eviction order as soon as possible, and request a second compliance hearing so that you can get possession of the apartment and so that you can obtain pictures and estimates of any damage present. Then ask the hearing officer to declare a judgement for back rent and the amount of damages at that second compliance hearing.

Be careful with your security deposit. In my state you must provide to the renter that has moved out with a detailed break down of the damages and the cost of repairs required. This break down must be provided to the renter within 30 days of the renter moving out. If you fail to provide this to the renter within the 30 day limit, then the renter can file against you and collect the full restitution of the security deposit and their attorney fees plus court costs.

Also don't be surprised at the time of the court ruling that the judge requires you to pay the remainder of the security deposit to the renter even though the renter has a judgement against them owing you money. You may have to pay them even if they have not paid you.

Good Luck

Wg