TEXAS Eviction
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TEXAS Eviction (by Linda [TX]) Jul 7, 2019 6:56 PM
       TEXAS Eviction (by Deanna [TX]) Jul 7, 2019 7:06 PM
       TEXAS Eviction (by Deanna [TX]) Jul 7, 2019 7:07 PM
       TEXAS Eviction (by Ken [NY]) Jul 7, 2019 7:24 PM
       TEXAS Eviction (by Mike [TX]) Jul 7, 2019 7:31 PM
       TEXAS Eviction (by Linda [TX]) Jul 7, 2019 7:38 PM
       TEXAS Eviction (by Rob [MA]) Jul 7, 2019 7:59 PM
       TEXAS Eviction (by Mike [TX]) Jul 7, 2019 8:07 PM
       TEXAS Eviction (by Mike [TX]) Jul 7, 2019 8:10 PM
       TEXAS Eviction (by Ken [NY]) Jul 7, 2019 8:35 PM
       TEXAS Eviction (by Mike [TX]) Jul 7, 2019 9:09 PM
       TEXAS Eviction (by Linda [TX]) Jul 7, 2019 10:53 PM
       TEXAS Eviction (by Mike [TX]) Jul 7, 2019 11:31 PM
       TEXAS Eviction (by Linda [TX]) Jul 7, 2019 11:33 PM
       TEXAS Eviction (by Robert J [CA]) Jul 7, 2019 11:44 PM
       TEXAS Eviction (by myob [GA]) Jul 8, 2019 7:39 AM
       TEXAS Eviction (by WMH [NC]) Jul 8, 2019 8:07 AM
       TEXAS Eviction (by myob [GA]) Jul 8, 2019 8:53 AM
       TEXAS Eviction (by Pmh [TX]) Jul 8, 2019 4:51 PM
       TEXAS Eviction (by Pmh [TX]) Jul 8, 2019 4:53 PM
       TEXAS Eviction (by Mike [TX]) Jul 8, 2019 5:35 PM
       TEXAS Eviction (by Ken [NY]) Jul 8, 2019 7:19 PM
       TEXAS Eviction (by Mike [TX]) Jul 8, 2019 7:59 PM
       TEXAS Eviction (by Linda [TX]) Jul 8, 2019 11:05 PM
       TEXAS Eviction (by Mike [TX]) Jul 9, 2019 9:54 AM

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TEXAS Eviction (by Linda [TX]) Posted on: Jul 7, 2019 6:56 PM
Message:

Tenants lived in our SFH for 2 years. Current Lease expires 7/31/19. Renewed lease in June so new lease expires 7/31/2020. Towards the end of June, the couple notified me that they are in the process of divorcing and waned to get out the lease. I told them if they pay a fee I can release them from the new lease. She went to talk to her divorce attorney. Next thing I know is they are not paying their July rent. I went ahead served the 3 day non-payment notice. He told me to go ahead to file.

I am debating if I should just settle with them by having them pay July rent and release them so I can put the property back to the market when it is a good busy rental season or should I file to evict them and try to collect? Which way makes more economic sense? The couple both work. I heard in Texas you can not garnish eviction judgement. --47.187.xx.xxx




TEXAS Eviction (by Deanna [TX]) Posted on: Jul 7, 2019 7:06 PM
Message:

If you know where they bank, you ought to be able to take a copy of your judgment for $x against them, and have them sweep the account. I was going to try it earlier this year-- but they closed their account at Wells Fargo, and I don't know where they moved it to.

Your attorney can give you specifics. I've only had it go as far as a court hearing twice in nine years. The people are generally individuals who started out just fine... but couldn't keep on top of Life, and were now far less desirable than how they had been when they initially passed screening. So because of the inability to garnish, and the difficulty of collecting a judgment--- I'm more interested in getting them out, and a paying replacement in, in a timely manner. --96.46.xxx.xx




TEXAS Eviction (by Deanna [TX]) Posted on: Jul 7, 2019 7:07 PM
Message:

(You can't take a copy of the judgment to the bank right off the bat--- I think there's, like, a 30? 60? 90? day waiting period before you're allowed to do that. Your attorney would know the specifics.) --96.46.xxx.xx




TEXAS Eviction (by Ken [NY]) Posted on: Jul 7, 2019 7:24 PM
Message:

You broke the lease when you served them the eviction notice so just follow through and go to court and evict them.If you go back to them now to try to make a deal you will look weak. --72.231.xxx.xxx




TEXAS Eviction (by Mike [TX]) Posted on: Jul 7, 2019 7:31 PM
Message:

I tried the sweeping thing a couple years ago. It is done manually by the tellers if and when they think about it. Itís nothing but a waste of time. They even told me they would Only try one Or two times. And thatís if they remembered to do it. --73.166.xxx.xxx




TEXAS Eviction (by Linda [TX]) Posted on: Jul 7, 2019 7:38 PM
Message:

Mike [TX], What is the sweeping thing? --47.187.xx.xxx




TEXAS Eviction (by Rob [MA]) Posted on: Jul 7, 2019 7:59 PM
Message:

Sweeping accounts with a judgement?? Have I died and gone to Landlord heaven??

Do you mean to tell me you fine people don't wall paper your bathrooms with judgements down there like in Massachusetts? --99.203.xx.xxx




TEXAS Eviction (by Mike [TX]) Posted on: Jul 7, 2019 8:07 PM
Message:

Itís where the bank tries to collect a debt for you. In my case it was a check that was no good. But if you read above Deanna was suggesting you try it with a judgement. Iím not sure you can do it with a judgement I was just letting you know I tried it with a check that was no good but the bank people were all too lazy and didnít care enough to try it. It actually causes them to perform something they arenít use to...... work. --73.166.xxx.xxx




TEXAS Eviction (by Mike [TX]) Posted on: Jul 7, 2019 8:10 PM
Message:

Linda, as far as I know in Texas a judgement is not worth the paper itís wrote on. You canít make them pay unless they have property they are selling. Then you can get your money before their sale goes through but from what I was told thatís the only way to make them pay. --73.166.xxx.xxx




TEXAS Eviction (by Ken [NY]) Posted on: Jul 7, 2019 8:35 PM
Message:

Mike (TX) Doesn't the sheriff collect a bad check or arrest them? that is how a bad check is dealt with here --72.231.xxx.xxx




TEXAS Eviction (by Mike [TX]) Posted on: Jul 7, 2019 9:09 PM
Message:

Ken, in theory yes but I used to have 3 pizza places and I had thousands of dollars of bad checks from that and they did absolutely nothing to these people. The courts didnít even want to fool wit them unless they were over $5000.00 --73.166.xxx.xxx




TEXAS Eviction (by Linda [TX]) Posted on: Jul 7, 2019 10:53 PM
Message:

Got it. Thanks Mike [TX]! If even with a judgement, you can not collect, wouldn't it make more sense to just settle with them and let them leave? It is not about who is weak who is strong, it is about cut your loss and move on. That is how I think of this. What is you all's thoughts? --47.187.xx.xxx




TEXAS Eviction (by Mike [TX]) Posted on: Jul 7, 2019 11:31 PM
Message:

If I were you, yes I would cut My losses and let them go. You donít have to be greedy. Not sure where you are but I have no problems getting my places rented any time of the year. And yes, Iím extremely picky about who I accept.

--73.166.xxx.xxx




TEXAS Eviction (by Linda [TX]) Posted on: Jul 7, 2019 11:33 PM
Message:

Mike [TX], I am at DFW. It shouldn't be too hard to re-rent. Will talk to them tomorrow and share the result here. --47.187.xx.xxx




TEXAS Eviction (by Robert J [CA]) Posted on: Jul 7, 2019 11:44 PM
Message:

In my experiences dealing with couples on the road to divorce -- instead of fighting between themselves, with a common cause, like a landlord wanting their rent, the will team up and make you the bad guy, or gal.

I would have a meeting with both of them. Could be in person or over the phone with a 3 way call or if they have an extension. Ask them what would it take to have them move out quickly if you forgave past and current rents? Have the agreement in writing. A texted message or email. Set a date they need to be out.

Also let them know if they play games and then you go through an eviction, it will hurt their credit score and ability to get loans, jobs and discounted insurance. --47.156.xx.xx




TEXAS Eviction (by myob [GA]) Posted on: Jul 8, 2019 7:39 AM
Message:

Interesting topic. For those who can't garnish a rent judgement--- when there out of the property can't you now file a separate civil suit for breach of contract-- and once you have that garnish?

Someone mentioned sweeping: last week we just swept 30 banks in our metro area looking for 5K from an X tenant from 4 years ago. She moved into a lease option property and we think she's getting ready to buy it and close-- we're trying to find that down payment. --99.103.xxx.xxx




TEXAS Eviction (by WMH [NC]) Posted on: Jul 8, 2019 8:07 AM
Message:

MYOB, there is no garnishment for any reason in NC, except for child support (by the state) and the IRS for taxes.

Judgments are worthless.

The OP's scenario of trying to charge a large fee to end a lease - resulting in unpaid rent - is exactly what I think would happen here.

First of all, they don't have that kind of cash. And Tenants know that due to the severe housing shortage, there is very little likelihood we would be financially damaged by a broken lease. In fact, in the past several years, we have not lost a dime in rent for any broken lease - usually we make money with raised rent.

But it's still a hassle - an unplanned turnover. So that's why I came up with the $250 Admin Fee: it's for my time and effort for having to deal with it. --50.82.xxx.xx




TEXAS Eviction (by myob [GA]) Posted on: Jul 8, 2019 8:53 AM
Message:

that's sad WMH. I know several states are that way. We've had tenants escape to some of those in the past. Good thing for us-- if they try to come back-- we're sitting here justa waiting!

--99.103.xxx.xxx




TEXAS Eviction (by Pmh [TX]) Posted on: Jul 8, 2019 4:51 PM
Message:

if you get a judgment in your favor then file an abstract. good for ten years (I think) and renew. they will certainly not be able to finance a house until released. the tortoise fable comes to mind. --70.119.xxx.xxx




TEXAS Eviction (by Pmh [TX]) Posted on: Jul 8, 2019 4:53 PM
Message:

TX will do bad check writers round ups - did you go through the process of filing them ? --70.119.xxx.xxx




TEXAS Eviction (by Mike [TX]) Posted on: Jul 8, 2019 5:35 PM
Message:

Pmh I tried to file them and they told me not to waste my time and money. To take them to a collection agency. They told me unless the checks were a certain size it would be a waste of my money to file them because they did not spend time trying to round up small check writers . So I gave them to a collection agency who also ignored the small checks and did try to collect some of the larger. Ones with no luck.

The courts are just like everything else. If itís not going to benefit them they want nothing to do with them. And they get no benefit from spending all that time trying to round up small hot check writers. I have enough bad checks to wallpaper a whole room. --73.166.xxx.xxx




TEXAS Eviction (by Ken [NY]) Posted on: Jul 8, 2019 7:19 PM
Message:

I have seen where small businesses hang them on a wall of shame in hopes they would come in and pay it to get it off the wall --72.231.xxx.xxx




TEXAS Eviction (by Mike [TX]) Posted on: Jul 8, 2019 7:59 PM
Message:

Ken, I have seen that too. I do not take checks anymore for my rentals or my other business.... only credit cards for my main business and Zelle for the rentals. No problems with zelle for the rentals but with my other business I have lost over $20,000.00 in the last year to credit card BS. They will get you one way or the other. Too many thieves out there nowadays. --73.166.xxx.xxx




TEXAS Eviction (by Linda [TX]) Posted on: Jul 8, 2019 11:05 PM
Message:

Closely related but a slightly different subject. I too take Zelle for rent payments. Now I seem facing another problem. Long story short. I offered tenant to let me show the property now and I will release them as soon as a replacement is found. They did not take the offer so I filed at JP Court today. Since this tenant has been paying mainly through Zelle. How would I stop him from paying if the eviction is in progress? --47.187.xx.xxx




TEXAS Eviction (by Mike [TX]) Posted on: Jul 9, 2019 9:54 AM
Message:

I would send him a notice as of such and such date no more electronic payments will be accepted after this date. Any payment after this date will be returned. --73.166.xxx.xxx



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