Tips for filing against a tenant in small claims court (Houston)

Tips for filing against a tenant in small claims court (Houston)

Houston, TX · Member since 2016 · 11 posts · 2 votes

Short Version:

 My wife is helping her father manage a rental property in Houston and we need some tips for filing the paperwork in small claims court for damages and unpaid rent. We didn't have to actually go through an eviction because she agreed to move out and clean the house if we would let her make payments for the back rent. We were in contact with her all the way up until an hour before we were supposed to meet her for a final walk through but when the appointment time came she never showed and cut off all communication and on top of that left the house completely trashed and with a bunch of belongings still in it. Any tips you guys have about this process would be greatly appreciated.

Long Version:

The tenant had been leasing the property for almost 2 years without any real issues until November. She usually paid on time and every time we went to the property to check it or repair something everything looked clean and well kept for the most part. We did however have a few suspicions that everything wasn't as it seemed. She told us she was raising her 3 grandchildren for her daughter and usually she was there in person to meet with us but on some occasions we would meet with the "Baby Sitter" instead and we always thought that the "Baby Sitter" was actually the daughter and that she was the one actually living in the house but we couldn't prove it. My wife and I live over an hour from the house so popping in wasn't very convenient and my father in law was not usually interested in checking on it so as long as rent was paid on time and the house kept clean we kind of let it slide. 

 Then in November she was really late on the rent and it took almost until the end of November to catch up but she did. Also we were there in November and we found a dog (a pit bull no less) and she hadn't informed us or paid the pet deposit and we found evidence of an adult male living there but otherwise the house was still clean. She told us the man was just visiting and she paid the pet deposit for our trouble and agreed to remove the dog since we don't allow pit bulls. Then she missed December rent and told us that she could pay a little each week until she caught up but by the second week she had missed that payment as well. She told us she was really having a hard time keeping up with the weekly payments especially since she really wanted to have a nice Christmas for the kids. We should have evicted her then but we let is slide because she had been a good tenant up until November. When January rolled around she still owed most of December and now January as well. She agreed that the best thing to do would be to move out and we told her that if she moved out by the 1st of February and really cleaned the house we would work with her on the back rent she owed. 

 On the 1st we were scheduled to meet her at 10:00am and do a walk through and have her sign some paperwork stating the condition the house was left in and the back rent she owed. At 9:00 she rescheduled to 11:00am but otherwise we assumed everything was OK and this would go somewhat smoothly. We arrived at 11:00 and found the front door wide open and the house completely trashed. There was still a lot of their belongings in the house. Most of the walls are really stained with dirt and marked all over with crayons and markers. The carpets weren't great and needed to be replaced but they are now covered in dog poop and paint and marker as well. The garage and backyard are full of dog poop and damaged by the dog chewing on the walls and siding. The kitchen and bathroom cabinets look as bad as the walls do and the stove is missing both of the racks and the bottom drawer. Overall the house is a complete mess and it really looked pretty good in November.    

 Almost all of our communications with her are through text so we have proof she agreed to move out on the 1st and since she stopped taking our calls or returning our texts we immediately changed the locks and let her know by text that she could arrange to come get the rest of her stuff anytime during the next 30 days. We haven't had anymore communication from her so now we are filing against her in small claims court so if you guys have any advice or suggestions we would greatly appreciate it.

Matt 

0Reply
106 views

Most Popular Reply

Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
9y

@Matt Kennington,

You spoke with your realtor before you changed the locks?

Are realtors schooled primarily in the law?

You ask lawyers about law, and you ask realtors how to fill in pre-printed contracts.

My $0.02 ...

See this reply in the discussion

22 Replies

Jump to latestLatest
  • Steve RozenbergPro Member
    Specialist · Houston, TX · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    HI Matt, I would caution you to be careful. Just because the tenant has not paid and you are assuming they are out. If they have anything "Of Value" and they have not offically left. Which is a very BS and ambiguous term. For example if they have not turned off ALL utilities they can come back and claim that they were not out of the property and they have valuables left in there and now they want to claim a case against you. I know it sounds amazingly ridiculous but if I am telling you about this, it has happened to people.

    If I were you, I would contact an attorney and make sure you proceed correctly because this can come back and file a claim. and the worst part is that it has nothing to do with the money they owe you.

    If you would like the name of a great Real Estate Attorney here in Houston I would be happy to give you his info just to make sure you are working within the law and not getting yourself into a litigious situation and make a bad situation much worse.

  • Houston, TX · Member since 2016 · 11 posts · 2 votes
    9y

    Steve,

     Thanks for the information. We spoke with our realtor before we changed the locks and she advised us that we could go ahead and do so, however we would like advice from an attorney as well now that you pointed this out. Please do forward the attorneys information to us. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Small claims court is designed for indivulaes to take simple cases and represent themselves. Winning a order on back rent and damages is fairly straight forward providing you have all the evidence to support your claim and you have used contractors to do all repair work.

    Simply go to the local court house and they will explain the process and what is required.

    Remember facts and evidence make the case, do not walk into court expecting to win simply because you believe you are right.

    PS: you may actually have to do a official eviction prior to going to small claims court.

    Read up on your state landlord tenant regulations first.

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    9y

    @Matt Kennington , this happened on February 1? It's a little late for this information and advice, but you really should take a video of the property the minute you discover it. Video that the door was open, video walk through of the premises to document the disaster and all the stuff left behind. This can help mitigate any "I left my big screen tv there!"

  • Houston, TX · Member since 2016 · 11 posts · 2 votes
    9y

    My wife is a huge People's Court fan and one of the things she has learned through the years of watching is always at least take pictures but video with descriptions are always better.

    As soon as we pulled in the driveway she started recording video and I started taking pictures. She has 6 or 7 videos of everything and I have 40-50 pictures.

  • Houston, TX · Member since 2016 · 11 posts · 2 votes
    9y

    @Mindy Jensen My wife is a huge People's Court fan and one of the things she has learned through the years of watching is always at least take pictures but video with descriptions are always better.

    As soon as we pulled in the driveway she started recording video and I started taking pictures. She has 6 or 7 videos of everything and I have 40-50 pictures.

  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    9y

    @Matt Kennington,

    You spoke with your realtor before you changed the locks?

    Are realtors schooled primarily in the law?

    You ask lawyers about law, and you ask realtors how to fill in pre-printed contracts.

    My $0.02 ...

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    I'd text tenant and ask for a forwarding address. See what your state law is regarding storage of property, I'd bag and put in garage for now. You did the photo thing so all set there.

    Send a move out statement that lists past rent due. late fees, and cleaning / damages, cost of repairs to unit. Note for court your going to have to prove the cleaning costs and repair replacement costs so keep receipts and figure out a way to pay someone for cleaning other than yourself ( family member maybe) so you can show cost for labor. This move out statement needs to be mailed to tenant within the proper time period for your state, so check landlord tenant laws for your state. Put balance due on receipt.. Revert utilities back to owner as of Feb 2, if they were in tenants name. The past due utilities are her problem. If you don't get a forward, send to the address of the unit, the postmaster will forward or return it back to you.. if you get it returned back to you... don't open it keep it with move out records for your records.

    I'd file in conciliation court within a week bring all your records with. 

  • Houston, TX · Member since 2016 · 11 posts · 2 votes
    9y

    @Deanna McCormick She hasn't responded to any of our texts or phone calls since she missed the walk through meeting on the 1st so we don't expect her to respond if we request her new address. Although we have tried to keep the texting and calling to a minimum so as not to get into harassment territory. The laws here don't specifically state what you can and can't do with a tenants property once they move out but our lease states that anything left behind can be disposed of or sold at our discretion. However since we only have text messages with her agreement to move out and not an actual signed contract we didn't touch anything for the first week and let her know through text (with no response) she could meet us anytime day or night for 30 days to get the stuff they left behind. After the first week we moved everything to the garage where it will stay until her time expires. We also already switched the utilities back to our name.

    I hadn't thought of sending the statement letter to the rental address and let the post office figure out the forwarding so that is great advice!! 

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Yes, you always send out a move out statement, if no forward, always use the last known address,,,the unit they just left.

    Court filing forms are usually available on line.. 

  • Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    9y

    @Matt Kennington a realtor is a poor source of advice on such a topic. In fact your realtor was illegally practicing law by giving you advice on how to handle the lease contract issue with your tenant.

    Changing the locks on a tenant under lease, especially with their valuables in the house is illegal and is called a constructive eviction.

    Talk to a lawyer in your area who deals with landlord tenant issues and evictions as their primary business.

    **I am not a lawyer this is not legal advice**

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    @Kimberly H.

    Basically what happened here was the tenant had given landlord knowledge they were vacating,which they did, the unit was empty the crap that was left they could have cared less about, Yes the owner should store the items for the period needed, But the owner had rights to secure the property, he could have posted on the door the locks were changed and to contact him if they wanted entry.. which is basically a mute point... they were gone and rocket science isn't needed to figure that out.. filing for eviction.. added court fees... really is designed to get "PEOPLE" out of the unit.. guess what they were GONE... It's pointless to file eviction waste money and for what they are gone... 

    legally ya ,, I'm a stickler for doing it the proper way.. this instance,, it's clear the tenant was gone... and owner had right to secure the property. 

    the owners next recourse is small claims court which we all know is a waste of time. he's not likely ever to see a dime although he'll most likely win the claim. collecting on a judgement is more than likely a lost cause. 

  • Houston, TX · Member since 2016 · 11 posts · 2 votes
    9y

    @Kimberly H. While I usually agree that discussing matters of law with someone whom is not an attorney is not always the best idea and we were a little hesitant to change the locks we did take our realtors advice because in addition to being our general realtor her company also handles the screening and leasing process and even though we don't use it they also offer property management services so I'm hoping they steered us in the right direction. We may still contact an attorney just to cover all our bases.

    Also as @Deanna McCormick pointed out what they left behind is basically trash. There are 2 pans that had rotten food in them, a couple of mattresses that have seen better days, and a few clothing items but rest is literally just trash. However we kept it all and it is now stored in the garage. They had clearly removed all of their valuables. Also either they were in a rush or didn't care about the rest of the stuff in the house because they left the front door wide open. We spoke with the neighbors to call us if they came by the house again and so far they haven't returned.

    We are aware that it is very unlikely we will ever see any of the money that is owed but we want to be able to put it on her credit so it shows up when she rents somewhere else.

    On the plus side my father in law wanted us to try to find someone to buy it as is because he just wants to get rid of it and get out of the landlord business but my wife and I talked him into letting us rehab it and sell it. So with minimal risk (hopefully) I will get to see if I'm any good at flipping. 

  • Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    9y

    @Deanna McCormick  When did I say they needed to file for eviction and/or go to small claims court? I didn't. And he said "There was still a lot of their belongings in the house" and "bunch of belongings still in it"...I don't know where one gets from that that its stuff the tenant doesn't want anymore. The person no showed for the move-out meeting. Their stuff is still there. 

    @Matt Kennington I hear real estate agents giving wrong advice so often I wouldn't trust what they said. Just because the real estate brokerage the agent works for also does property management doesn't mean the agent you talked to is involved with it or knows anything about it at all.

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    9y
    Originally posted by @Matt Kennington:

    @Mindy Jensen My wife is a huge People's Court fan and one of the things she has learned through the years of watching is always at least take pictures but video with descriptions are always better.

    As soon as we pulled in the driveway she started recording video and I started taking pictures. She has 6 or 7 videos of everything and I have 40-50 pictures.

     I am SO HAPPY to read this. (I mean, the circumstances stink for sure, but glad you covered your backside.)

  • Investor · Houston, TX · Member since 2014 · 81 posts · 25 votes
    9y

    Hi There,

    I can't give legal advise as I am not an attorney but I can tell you a trick I used not to have that issue of tenants coming and claiming they had left property. The Fort bend county judge ruled in my favor very quicly and complimented me. A realtor is not an attorney. I am a realtor and investor and I have read the property code from A to Z which most realtor do not. There is one precaution to take before your rekey the whole house, PM me for more info.

    Best.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    9y

    I would have deemed the property abandoned and taken possession as you already have.  Texas law allows a landlord to declare the property abandoned but does not clearly define abandonment or the timetable thereof. If the utilities are off and valuables are removed, I would have no problem doing so especially with notice from her that she was going to be out.  Lesson learned that deals with tenants very rarely work out in your favor

    The steps I use to pursue a small claims judgment are:

    - Texas law requires you to return the deposit (an obvious no in this case) or provide an accounting with 30 days of vacating AND being provided a forwarding address.  So the clock has not even started yet in your case

    -I would go ahead and assess your damage and get an itemized list together and send an accounting along with a 10 day demand letter for any amount owed including damages,rent, late fees and all other charges.  I would send by certified and regular mail to the property address along with any work address known

    - So the difficult task now would be to locate the tenant.  To file a Small Claims action(assuming your damages are below $10,000) you will need to provide an address where she can be served.  This can be difficult but no suit can moved forward without service

    -Now the downside with being a landlord in Texas.  If you made to court and obtain a judgment,  you have very little chance of collecting.  We cannot garnish wages,  attach a judgment to a homestead, or the vast majority or personal property.  But for $160 or so, it might be worth it for you to go through the process.  Who knows she might win the lotto someday

    Additionally, your father will need to bring the suit and appear in court as you cannot represent him.  

  • Houston, TX · Member since 2016 · 11 posts · 2 votes
    9y

    @Greg h Thank you for the great advice we really appreciate it. 

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    9y

    You can chase a possible dead beat tenant or you can put your time,effort, and energy into fixing up the place and hopefully making a profit. 

    Is the tenant judgement proof? If so it usually is a waste of time. Yes eventually maybe they want to clean credit up or come into money years later and you get some small amount. Talk to a judgment agency that buys judgements. They will say it is a very long and time consuming process and the former tenant might eventually file BK anyways to wipe it all out. Former tenant can go to a cash job or move out of state. Judgments have to be re-upped every so many years to stay valid.

    Now it is suddenly coming back to me why I do not invest in SFR anymore. Tired of hearing people's life issues and they want you to pay the price in not receiving the rent to offset their problems they created.

  • Houston, TX · Member since 2016 · 11 posts · 2 votes
    9y

    @Greg H. This exactly the great advice we were looking for. Thank You.

  • Houston, TX · Member since 2016 · 11 posts · 2 votes
    9y

    @Joel Owens We know actually collecting is a long shot. We just want to make sure it shows up when a future landlord runs their credit, hopefully making it harder for them to do this in the future to someone else.

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    "We just want to make sure it shows up when a future landlord runs their credit"

    That is the appropriate and responsible action for a landlord to take. Allowing criminals to simply walk away scot free is a unfortunate side effect of having so many unprofessional landlords. They do not actually want to accept the responsibilities of a landlord.

    Congratulations for stepping up and doing the right thing.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.