Need advise for late paying Tenant and other violation

Need advise for late paying Tenant and other violation

Burleson, TX · Member since 2016 · 87 posts · 6 votes

We have kinda complicated issue with our tenant here, first of all we have the contract signed by the daughter of the father who is the one paying the rent. Because the father has bad credit and want to help her daughter to build her credit. The contract signed in on May 29, 2015and moved in June 15 for 2 years lease. We haven't been any issue with our previous tenants except just property condition issue. In December we found out the daughter had been moved out in November. The father has started paying late since October, first paid to 5th, 7th (2x), 15th, 23rd, 15th. Last February we tried to file eviction against the daughter since she is still the primary on the contract. Until now the contract has not been rewrite because his father obviously not interested to rewrite new lease. We lost the eviction file because we accepted the payment on 23rd before the court date. This month we have send him a notice to vacate till the 15th if he is not paying the rent. He told me on cell phone text message he won't be moving till the lease end which is on May, ( he doesn't remember the lease signed for 2 years) and I don't recall it because we looked up the law the contract has been default. And other violations he made, he brought the dogs without paying the dog policy and he lied he said my husband knew and allow it. Then he brought a new wife in last February (we told them to sign a new lease to update list who is living in the property) But he ignored it because we raise the late charges from $35 to $50 and $10 each day after ward. He knew he wants to pay late every months only by paying $35 and he always bringing up his deposit as holding of his payment for being late. And we have explained and he doesn't really care.  He violated zoning city law by parking his car on our yard twice and could possibly broke our lawn sprinkle system. My husband doesn't want to talk to him anymore and fed up, he is afraid to lose in court if filing by himself again. He is ready to to use lawyer this time. My question is do we need to endure till next month filing since today is the 14th and takes 2 weeks and more for procedure. I am trying to find the best way to avoid losing more money. Thank you.

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  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    10y

    Your focus should start with: how your lease is written.

    Who is on the lease?

    Lease violation: #1 if others are occupying property not on lease.

    Lease violation #2 unpaid rent, late fees.

    Lease violation #3 misuse of property, documentation would help- photos - of damage

    You have the right to file for eviction if your lease terms are not being followed.

    The longer you wait to file the longer, the longer you take to get any income from a new tenant.

    I would give the tenant notice of intent to file eviction action. list the lease violations and unpaid rent, if you want them to stay, give them 2 or 3 days to correct the issue If not file.

    I have given tenants a mutual lease termination agreement to entice them to move, involves a 3 day agreement to vacate, and then you don't file, I give a cash back amount usually same amount of filing fee to them when they leave and get the keys. I make them sign a release no further claims toward management. If they won't agree to that then I file.

    Once you file you should NEVER accept any funds from the tenant, this usually makes the terms of your court filing incorrect.

    The father, daughter, girlfriend who ever is known to live there put on the eviction notice.

    Add to the court eviction paperwork right after the last persons name: ,"ET al." that phrase will include all others, meaning anyone living on the property that you don't know about and will enforce the fact all will be included in the eviction process.

    Good luck

  • Burleson, TX · Member since 2016 · 87 posts · 6 votes
    10y

    Thank you for your opinions. The dad listed on the lease agreement but he didn't sign, the daughter did. So right now we even don't know who else living there, his new "wife", son don't know which son, daughter and his grand kids. Yes we did wrong last filing since we aren't experience on this. We heard if you file for multiple person you have to pay more fees because they charge individual that you want to against with.

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    10y

    Your knowledge of the law in your area for court filing seems to be minimal. 

    I would call and ask the clerk of court what the filing fee is, if you list Et al on the filing, as your "not sure" if others are living in the unit. Focus on the daughter she is on the lease, no one cares who else is there you just want them all to get out.

    I would file on the daughter. she is the only one on the lease even if you "think shes still not there" that doesn't mater file on her. the dad didn't sign so he's not responsible, he's not a lease holder.

    You do not need to mention at court that others are living in the apartment living there,,, she may have visitors but the daughter is the only one on the lease, your action is against her. I would keep it simple and file for unpaid rent and late fees. If you get to busy body about people in and out of the unit then your just going to confuse the court and they will think you don't know how to handle the mater.

    I would get a attorney if this is over your head.

  • Burleson, TX · Member since 2016 · 87 posts · 6 votes
    10y

    Will we win the case if we don't take any payment from them. Is there more reason the court dismiss the case.? My husband afraid we will lose again and let the lawyer handle it.

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