Can't believe.....my judge granted on my tenant lies.

[Yenlan Patton]

I am suppose to have court date on April 12th for eviction, just found out today the judge change the date. The tenant callep up on friday April 8th to extend the court date, given an excuse medical issue. I don't trust him as far as i can throw him. He texted me he was on the hospital on March 14 when i tried to collect. So The judge granted and give another a week continuance to April 19th. Yes another week! then it take another 5 days to moved out in state of texas. So expect 1 month free rent, his deposit wiped out for March rent. What shall i do?, wish i can make this person crawling under.  Sick my stomach!  

[Greg H.]

Originally posted by @Thomas S.:

First do not apply deposits to his March rent, that is not  what the deposit is intended for. If it is a damage deposit it can only be applied to damages, if it is a last month rent deposit that can only be applied to his final month and at this point in time you do not know when that is. At the hearing you claim for all rent owed and the judge will ask if you have a last month rent on deposit. The judge will do the math and you are owed the difference, You will then take the tenant to court to collect if he does not pay.

Send your tenant a letter advising him that you will be requiring at the hearing that he provide proof he was in the hospital as he stated. He will ignore you but you present this at the hearing in support of your case to evict. If he argues he was in hospital he will need to prove it but you need to inform him ahead of the hearing or he will be requesting another extension to get the proof.

 None of this applies to an eviction in the state of Texas

-After the tenant vacates, the landlord can deduct any rent due along with damages.  The landlord does not have to account for a security deposit in a separate account or provide evidence that it is available.  First and last month rent paid at the beginning of a lease is very rare in Texas

- To the OP.  I believe on another thread he is using an eviction service so he will not be presenting the case.  It is a terrible idea to ask to provide proof that he was in the hospital as most judges would have required some proof for the continuance so questing this is questioning the judge which is almost always a bad idea.  the judge granted a continuance so let it be.  you are in court to evict for failure to pay rent .  It is NEVER good to muddy the waters

- I have done scores of evictions in Texas and never lost one when non payment of rent is involved.  The hearing should take about 2 minutes and go like this;

  Judge will ask how much rent is due

  Plaintiff will say $XX

  Judge will ask if the rent is do and the defendant says yes but.....

  Judge grants judgment is the amount of $xx with the tenants right to appeal in 5 days

  Judge calls next case

My post deal with evictions in Texas only