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Updated about 9 years ago on . Most recent reply

User Stats

388
Posts
174
Votes
Luke H.
  • Real Estate Investor
  • Dallas, TX
174
Votes |
388
Posts

Eviction:Prepare for Court date

Luke H.
  • Real Estate Investor
  • Dallas, TX
Posted

Hello,
Any advice, suggestions, tips for a eviction court date?  Renters owe rent for last month and this month.  Keeps saying that the bank lost their money, will pay me soon, husband just had major surgery so he is not working and they dealing with health issues..

Thanks

Most Popular Reply

User Stats

506
Posts
311
Votes
Robert Melcher
  • Residential Real Estate Broker
  • San Antonio, TX
311
Votes |
506
Posts
Robert Melcher
  • Residential Real Estate Broker
  • San Antonio, TX
Replied

Bring a copy of the lease, a current copy of their payment ledger, and a copy of the notice to quit that you posted inside their door or sent certified mail.  JP court rules may be relaxed a little, but it is still a rules-of-evidence process.  you will have to show these things to the judge and the tenant to verify this is what you agreed to.  You state your name, your relationship to the property, and your reason for filing suit (violation of lease/non-payment of rent).  That's your only reason for being there.  

Object to any statement about repairs, poor service, whatever.  It is irrelevant, they have to pay to expect anything, including repairs, and have to advise you in writing of a rent strike or other legal means for non-payment.  Tell the judge you want possession and back rent.  They calculate the rent on a daily basis up through judgement.

Different JPs do it differently, and this is not legal advice.  Don't be afraid to say you're nervous and unfamiliar with the process, but stick to your guns and DO NOT interrupt or talk over the judge.  His house, his rules.

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