Landlord/Tenant. What's Legal

[Cheryl Kollner]

Help, I'm new to the landord/rental arena. I purchased a duplex in Texas in 2007. The previous owner is now one my tenants. I've started the legal eviction process for non payment. Yesterday I received an invoice from him for rental of a refrigerator for 81 weeks that he left in the other side of the duplex when I purchase it. Since 2007 nothing was ever mentioned about it until now. He is now acting like we had some type of agreement, which is absurd. It was an old refrigerator that broke down and I've replaced. I'm sure he's just trying to offset the money he owes me. I go to court next week. Any suggestions on how to approach this?

[Mark N.A]

If you are evicting him for nonpayment all you need to do is prove nonpayment. His allegation of some other agreement is outside the scope of the proceeding.

If he wishes to sue you in a separate action over the fridge rental he can certainly do so. However, he will need stronger proof than an invoice, like a written contract signed by you.

Welcome to the rental business.