TX eviction

[queenofsand]

TX resident. There's a companion post on the bankruptcy forum--no answers so I'm asking about the tenant/landlord aspects of my situation.

Our tenants have abandoned their mobile home on the property they rented from us. The case is complicated by bankruptcy, until recently we were unable to evict because of a conditional automatic stay. Their Ch 13 was dismissed and there are rumors of filing for Ch 7.

We are not sure how to proceed. If we file a forcible detainer, how will those papers be served since they supposedly moved out of state? Is it even necessary since they are already gone? I'm not clear on how to handle the abandoned items left over there (outdoor furniture, building materials, alot of it trash) without an actual possession judgment from the jp court. We are in contact with their finance company who will be moving the trailer. We have long since given up any possibility of collecting the money owed to us.

We haven't received anything from the bankruptcy court regarding the Ch 7, but I'm worried about proceeding with the eviction process because we don't want to be in violation of an automatic stay if they have already filed. The rumors of a bankruptcy are enough to cause us to be cautious.

I'd appreciate any help from those familiar with TX property code.

 

[Gene Gayda]

“The case is complicated by bankruptcy”

Because of this, I would recommend you use a professional warrior in your upcoming battle. Plan on using a lawyer. Not too long ago, a bankruptcy filing would greatly hurt a landlord by the court’s automatic stay which lasted many, many months. The feds have recently changed the law and a landlord can now file a motion, soon after bankruptcy papers are filed. The landlord will be a part of the creditors for old rent, but can get released from the stay for any unpaid new rent. The exact procedures used to file this motion are not something you’ll be able to do pro se. You’ll need a lawyer familiar with the new bankruptcy law.

“Their Ch 13 was dismissed and there are rumors of filing for Ch 7.”

Therefore, now is the time to do something. Until the new filing happens, your situation is mostly normal.

“If we file a forcible detainer, how will those papers be served since they supposedly moved out of state?”

TX law is very clear on the detailed steps required for evicting a tenant who is difficult to find. If you are not already familiar with the process, you’ll need to use the trained warrior. Evicting a customer who is out of state is actually not too difficult.

“Is it even necessary since they are already gone?”

In all states, you can retake your property if it is “abandoned.” But, perversely, no state even tries to define in written law, what the definition of “abandoned” is. This is one of those “common sense” things, however rare common sense may be. Talk to your trained warrior. If it looks like your customer will never return, retaking your property via abandonment may be the easiest way to proceed. If you want to dot all i’s and cross all t’s, your warrior will recommend the eviction process just to play safe.

“I'm not clear on how to handle the abandoned items left over there (outdoor furniture, building materials, alot of it trash) without an actual possession judgment from the jp court.”

Once you have re-taken possession of your property (by abandonment or by the eviction process), you’ll need to follow the written law about personal property left behind by a tenant. Your trained warrior can explain. It’s fairly straightforward. I would also suggest that you visit our Web site www.NHPOA.org and click to the last page titled Other States, Laws&Landlords. Find a group near you. Send them some money and join with them. Slowly over time, they will inform/educate you on exactly these questions you ask. You’ll be better prepared for the next time something happens.

“We haven't received anything from the bankruptcy court regarding the Ch 7, but I'm worried about proceeding with the eviction process because we don't want to be in violation of an automatic stay if they have already filed. The rumors of a bankruptcy are enough to cause us to be cautious.”

Bankruptcy filing is a public process. Your trained warrior will know where to place a simple call to confirm or deny the filing status. You can probably do this on your own by finding where the local bankruptcy court is and calling there. Many courts have a computerized line for confirming if a particularly named individual has in truth made a filing.

To emphasize though - You need to proceed based on facts, not rumors. All facts you need are easily available. Use a trained warrior if you are hesitant.

Good luck.


Gene

 

[queenofsand]

Thank you, Gene. I appreciate the response. I'm just gathering info, exploring our options. I know if we do anything it's going to have to be with an attorney. We had to get one for the conditional lift. I just want to be sure we have a case without holes before we write a check.

In the time since I originally posted I've found out via the VCIS line (it took almost all day to get through but I did it!) that they filed Ch 7 and the first hearing is 5 Dec. No official notification yet. So we are waiting to see exactly how they listed the money owed to us. We may be disputing those numbers depending on the breakdown--they owe us legal fees, in addition to rent. So if it's all tallied as rent, their lawyer has bungled it. That's the bankruptcy portion of our predicament--another forum if you will.

As far as the L/T issues, interesting to hear of the change of law regarding stays. I knew changes were looming but didn't know they were already in effect.

I don't want to put any more money into this mess than we already have. We have the advantage of no urgency to get the space re rented. We won't EVER do that again. We would just like to be able to clean up that area and be done with them.

I will check out the link you provided. Again, thank you.