With an uncooperative resident like this, I'm afraid you'll need to wait until it is vacant.

There is no telling how long that will take - so you can't promise it by a certain date, anyway.

I would say evict for not acting in good faith, but you're already evicting so... nothing to do but wait.

I feel your pain. Selling a duplex currently and I have one tenant who is being a real pain. I offered him several options to pick days and times that work, but he basically just cussed me out and called me a "sneaky bugger." My guess is drugs are involved. Anyway, I got tired of his shenanigans so I told him we were going with what our lease and the Statutes of Missouri say for showing: we can show the property at ANY REALSONABLE TIME (which I define as 7 AM to 7 PM, but in reality will probably do 9 AM to 5 PM...business hours). If he refuses, then I'll evict him for breach of the access clause in our lease. If he follows us around during a showing saying negative things, per my attorney, I can evict him for failing to deal in good faith.

Btw, I also have a clause in our lease that any refusal for showing or a confirmed appointment results in a $40 service charge per incident. Never had to test it in court, but I have used it a few times when tenants get all huffy about repairs/maintenance visits. Usually straightens them up quickly. Check you state laws to see if that might work for you in the future.

All in a day's work, dealing with tenant drama. Don't let it get to you. I know it's stinks. Stay strong and hang in there.

I don't know how you are going to rent to a new tenant when you have no idea when that current tenant will be out or how much repair you will need to do after the sheriff finally throws his stuff to the curb.

if your state is like others-- cool your jets til after Xmas. There ain't no cops put'in people out during the holidays.

Word of advice! When it gets to November and your facing doing none pays-- do your court papers-- do your follow ups and then forget it. Yes I said it. Forget it. After 36 yrs of doing this I can attest to the fact if you don't forget it it will ruin YOUR holidays. Why let a deadbeat do that to you?

Smart or pro tenants know the courts and sheriff slow walk dispos Nov and Dec. and take full advantage.

I was hoping for a smooth departure where I would not file financial claims in return of vacating. They have taken it as my weakness. I have just e-filed eviction.

You have an uncooperative tenant. Do not schedule any showings until that tenant is OUT OF THE HOME and you see the condition it is in.

You said you have filed the eviction action in court? Let it play out and hope the court hears it quickly.

Don't try and show it while they are there. First off, how are you going to know when it's going to be vacant, you probably don't even have a court date at this point. Second, don't be surprised if your tenant does some willful damage to get back at you for in their view, harassing them. Finally, it could be construed by a judge as harassment if you start traipsing people through this property after you filed eviction.

Vee what happen in the case that you have keyless entry system in the unit, the access is with codes.

I’m with Jason, looks like abandonment. Call utilities companies and see if they have been shut off by the tenant, if this is the case you will need to take possession and secure your investment by changing door locks and securing all windows.

crazy tenant.

Look your dealing in emotion right now. If you wait on court-- no matter what the utility company says be smart.

A simple call or text (as much as I hate them).

Dear so and so. I've noticed you have essentially moved out. We would like to offer you some help in order to offset your expenses. I have a form that says you ARE VOLUNTARILY" RETURNING THE PROEPRTY TO US. If we can agree on the return I'm authorized to give you 400.00 cash for THE keys. From there we can all move forward. You will have some extra funds and we can secure the property. We can meet-- you name a place not necessarily the rental to get it signed and give the money.

Either they bite or not.

I would ignore the advice to not try to evict until after the first of the year. In Idaho, the sheriff will throw people out on Christmas Eve and in Oregon, which is supper tenant friendly, they won't toss a tenant on Thanksgiving weekend or about three days around Christmas, but there are all the other days in November an December when the courts are working and evictions happen.

And it has nothing to do with the sheriff being considerate to tenants. It is only because they have extra work on the holidays and many of their officers are trying to get those days off, so they don't have the manpower to do evictions on Christmas Day.

Oregon is right. Most of Texas counties will throw them out any days except 3-4 days around Thanksgiving and again around Christmas, mostly because the Sheriff deputies are short staffed then. There might be a couple of deep blue counties that are different.

With proper notice, you could go in to do a maintenance inspection and while there see if it's vacant and then change the locks but you run significant risk in this case since the tenant is not giving you possession back and didn't go quiet with their communication. It could be construed as a self help eviction or worse, they could claim that you threw out their priceless heirlooms and countersue for thousands in loss. Either could end up costing you thousands.

The best option is to wait for the court date and proceed with the eviction. Once the tenant is served by the Sheriff they may change their tune. If not, it doesn't take long to get them out. I've had evictions done between 21 and 31 days from filing in my neck of the woods.

Follow TX laws regarding abandonment. I found this but it was 2017 so things may be different now. You can always consult a lawyer.

Your chances of loosing for non payment are near zero. In some of the deep blue counties (Houston & San Antonio) it might be a timing problem with Christmas but not likely where you are.

Here's the bottom dollar. Texas isn't clear on abandonment. If you don't have anything that defines it in your lease then you are in undefined territory and anything other than going through eviction carries risk. However, your tenants have no money which they will have to have to sue for wrongful eviction. You have a pretty good case for the judge if the utilities have been turned off that it has been abandoned. If you go in and find the keys left on the kitchen counter (hint) then you have an even better case for abandonment.

If it were me in this situation I would post notice for inspection entry in 24 hours (per my lease) and then go in and check to see that they have removed all their stuff, I don't count trash as valid stuff. If it's gone then I would be picking the keys up off the counter and changing the locks. If they still have stuff there then I would be waiting for the courts eviction.

to be clear my first post was to file all your paperwork and keep up with it. My point was for your own sanity. Don't dwell on tenants money issues over the holidays.

I've done a hundred set outs and sued hundreds of tenants since 1986. I'm not saying my way is the best for you but it's super for me. You have to know the lay of the land-- AKA know your judges and courts.

I've offered cash for keys 2 times-- most recent was an eviction from a foreclosed house. I offered 1K. Had I not done that-- one week later the county and state had a moratorium on set outs. Tenant would have been there over 2 years had I not given cash. So you need to decide which way is best-- not vindictive best-- but best for your business.

I have following in the lease for abandonment. Assume it is Standard for Texas?

(3) "Abandonment" occurs when all of the following occur:

(a) all occupants have vacated the Property, in Landlord’s reasonable judgment;

(b) Tenant is in breach of this lease by not timely paying rent; and

(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door

or if the Landlord is prevented from entering the Property by affixing it to the outside of the main

entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond

to the affixed notice by the time required in the notice, which will not be less than 2 days from

Sounds like you have it covered. Post entry notice and then go in and see if they have vacated in your reasonable judgment. Sounds like you have already posted notice and that they are behind on rent. I consider them gone if most of the toiletries are gone, the majority of hanging clothes are missing from the closet, and the working TV is gone. Don't be surprised if they left you a bunch of old furniture, sacks of used clothes, and a nearly fully stocked kitchen. Most of those items they can get free at benevolence places around town so they don't bother to pack them up. Bottom line, those don't mean they are living there.

This morning, tenant texted me that they have moved out and not returning. They did not return the keys and garage door remotes. I am going to take the possession when I get off from work and change the locks/keys.

My questions to y'all,

1. Is it appropriate to pull the eviction back at this point?

2. should I go after them for cleaning/damages to the house? They indicated there is one broken glass and cleaning is not done.

3. Should I go after them in small claims for loss of rent, reletting cost etc as allowed by the law?

I would halt the eviction. The only real value with proceeding is to get a formal judgment for past due rent. The eviction proceeding will not allow damages or fees so you will have to go to small claims to get that. You will still have to pay the Sheriff if you proceed with the eviction, that here is about $200. Small claims will be about the same price but you can get judgment for both rent and damage.

The real question is it worth it. In Texas you can not garnish so there is no real advantage to going through either court since you have possession. You can sign up on this site and for a few bucks report the debt to the credit agencies. The only difference is the past tenant can appeal the hit on their credit report and may be able to get it stricken. Although, they won't know that it isn't backed up with a court judgment so it is unlikely. The only hope you have of recovering is if they attempt to buy a house with a bank loan. The bank will make them pay off the debt before they do.

Given the way our laws work, next time you have a tenant get behind on rent, don't wait, don't accept stories, don't get pulled into an emotional pleas, proceed with eviction. My tenants know that if I don't get rent by the 3rd, I will be filing eviction and at that point they will not be allowed to stay even if they pay-up. I blame it on the laws in Texas. You simply can not let them get behind because you will never recover that money based on how Texas law is written and I don't have the time or patience for people who don't manage their money well.