Tennant squatting

[Granville L.]

Well, after 4 years of renting we have our first squatter.  Long story short, they paid for the month then did a stop payment on the check.  When confronted they said they were not paying so I evicted them.  Funny thing is, their AC went out a few days later.  I told them I was not going to fix it since the stopped payment on rent and we're evicted.   I contacted the local police department who stated that AC was a luxury and not a necessity.  The only necessities are dwelling, running water, and electricity.   I am looking for a good eviction lawyer in the Galveston county area.  Anyone know of one?  

Godspeed

[John T.]

@Greg H.,

is it your job as a so-called Moderator to attack other members?Stating that a member’s post is “totally false” is tantamount to calling that person a liar or an uninformed fool.Well, I’m flipping the script and telling you that your post is totally unfounded, not credible, and ridiculous, for the following reasons:

In regard to your first point, see Texas Attorney General’s Opinion H-356 which provides that "under Sec. 31.04 [of the Texas Penal Code] one who secures the use of rental property by deception, threat, or false token is guilty of Theft of Service.When the tenant's right to possession under a lease is expressly made contingent upon the payment of rent, the tenant is subject to prosecution for theft of service, if he knowingly pays his rent with a worthless check."The Opinion also states that "there is no question that in this situation the actor could be prosecuted for issuance of a bad check under Section 32.41 of the Code [Issuance of a Bad Check or Similar Sight Order] ...".So, who do we believe on this issue:the Attorney General of the State of Texas or Greg. H., Mr. Moderator?Greg H., your statement that “stopping payment on a rent check is NOT going to lead to criminal charges” is false.

In regard to your second point, you correctly pointed out that one way a tenant can perfect his appeal from JP Court to County Court is to file an appeal bond.By the time the tenant files his appeal bond, you have already spent about a month or more in JP Court.Once the appeal is perfected by filing the appeal bond, the judgment of the JP Court is vacated and there is a new trial in the County Court.That will take at least another month and probably much longer.(I’m not even going to add on the extra two or three months of lost time, expense and rent, if the tenant files for Bankruptcy.)So, with regard to “professional tenants,” your statement that “they will not drag it out for months is Texas,” is false.

You also stated that it was “fine with me” if the tenant files an appeal bond.Well, it won’t be fine with you when you find out that the sureties on the appeal bond do not possess sufficient resources to pay the judgment and costs.This is one way professional tenants "game" the system.They file a worthless appeal bond and not a pauper’s affidavit.This way, their action does not trigger the requirement of paying rent into the justice court registry.However, the bonds they post are defective or supported by sureties who do not possess sufficient resources to pay the judgment and costs – a fact the landlords often find out too late.

Biggerpockets used to be a fun and informative place with a collegial atmosphere.However, I’ve noticed that a lot of know-it-alls, self-promotors, and unsavory characters have weaseled their way into the forums and podcasts for nefarious purposes.(Morris Invest comes to mind.)  @Joshua Dorkin and @Brandon Turner need to get control over things.Otherwise, this is “peak” Biggerpockets and its all downhill from here.