Texas-Do I have to have an attorney for lease violation eviction?

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Texas-Do I have to have an attorney for lease violation eviction?

Jeri Norris
Member since 2018 · 12 posts · 1 vote

I purchased a duplex across the street from my parents because the tenants (no lease/subletters) are nasty/high/rude to my parents and all neighbors on the street. Listed tenants moved out.  

I worked with the previous owner for 3 months to help him evict them, but half the time he was high and half the time he was passed out. He has no record of leases or payments. 

He finally sold me a $54,000 property (negotatied to $15,000 because of so many damages and required repairs/ 3 months later) for $9,000, on the condition I evict. 

Because I purchased the property after the 1st of the month and no tenant living in properties have a lease, my attorney advised me to give a 30 day notice, find legal names for current tenants and avoid non-payment of rent eviction (because I can’t prove previous owner didn’t receive it and if he showed up for court... he would be considered unreliable). 

It took me over over a week to find out who all tenants are (legal and otherwise) because code enforcement has been involved for months and issued several citations. 

Tenants have been cited AGAIN, issued court dates, and were given notice to fix violations and turn on water within 7 days (which they cannot do without a new lease and I refuse to sign one because of damages and violations). 

I was given copies of leases and can site all lease violations (minus late rent as I did not own property at the beginning of this month). 

However, when I look up the law in Texas, it says I am required to hire an attorney for any eviction that is not for “non-payment of rent”... Is this true?

Do I give a 30 day eviction to non tenants or proceed with a 3 day and hope that they move before code enforcement returns on Thursday and condemns the property for no water and being unsanitary?

Advice y'all? I worked as an apartment manager but only ever had to evict for non-payment. This is my first REI.

Please help and send advice. I really want to move forward as this is taking up time and money and is straining my finances. 

Thank YOU ALL!

Jeri

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Peter M.
Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
8y

Wow you certainly picked a dozy for your first foray into REI but it will work out. Short answer is no, I do not think you need an attorney [I am not an attorney] because I did this exact thing on my first property and did it myself. I acquired the property with one tenant (4 plex) but no lease. City was on the verge of condemning it and had already pulled the CO so she wasn't supposed to be living there but was anyway.

 I wasted about 2 weeks trying to work out a deal with her so when I finally went to file for eviction I was pretty peeved to find out I had to give 30 day notice. After that passed I filed for forcible entry and detainer and my suit was put on the docket about 3 weeks away. I spent days obsessing over having all my ducks in a row and was nervous as hell that I didn't pay a lawyer to do this for me because I was cheap. Went to court, explained my side very briefly but had all my evidence, the judge looked at her and asked if she had paid rent? She said no but that she looked on some websites and I can't kick her out blah blah blah. He started at her for a second, asked if she had consulted a lawyer, she said no, I laughed under my breath, and he ruled in my favor. 

Definitely follow the law exactly and give them the 30 day notice if there is no lease. It doesn't sound like they are anywhere near model citizens but you will lose if you stoop to their level. Plus you'll get a court date then have to start over when the judge realizes what you did. In Texas we can get people out in about 3 weeks normally but when there is no lease you are looking at almost 2 months. Just the way it is. Unless they get a lawyer and try to file a paupers affidavit you will win if you have all your evidence and explain yourself rationally and calmly.

Meanwhile do what I did and focus on the units that are vacant and get them ready so as soon as the other ones are out you can fix up their unit. Make nice with code enforcement and explain that you are trying to make this a better place to live. They are a pain in the @ss but are just doing their job and being nice to them will get you further than screaming at them which is what most landlords do.

You can do it on your own but if its killing you, hire a lawyer, the peace of mind is worth the money.  

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  • Peter M.
    Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
    8y

    Wow you certainly picked a dozy for your first foray into REI but it will work out. Short answer is no, I do not think you need an attorney [I am not an attorney] because I did this exact thing on my first property and did it myself. I acquired the property with one tenant (4 plex) but no lease. City was on the verge of condemning it and had already pulled the CO so she wasn't supposed to be living there but was anyway.

     I wasted about 2 weeks trying to work out a deal with her so when I finally went to file for eviction I was pretty peeved to find out I had to give 30 day notice. After that passed I filed for forcible entry and detainer and my suit was put on the docket about 3 weeks away. I spent days obsessing over having all my ducks in a row and was nervous as hell that I didn't pay a lawyer to do this for me because I was cheap. Went to court, explained my side very briefly but had all my evidence, the judge looked at her and asked if she had paid rent? She said no but that she looked on some websites and I can't kick her out blah blah blah. He started at her for a second, asked if she had consulted a lawyer, she said no, I laughed under my breath, and he ruled in my favor. 

    Definitely follow the law exactly and give them the 30 day notice if there is no lease. It doesn't sound like they are anywhere near model citizens but you will lose if you stoop to their level. Plus you'll get a court date then have to start over when the judge realizes what you did. In Texas we can get people out in about 3 weeks normally but when there is no lease you are looking at almost 2 months. Just the way it is. Unless they get a lawyer and try to file a paupers affidavit you will win if you have all your evidence and explain yourself rationally and calmly.

    Meanwhile do what I did and focus on the units that are vacant and get them ready so as soon as the other ones are out you can fix up their unit. Make nice with code enforcement and explain that you are trying to make this a better place to live. They are a pain in the @ss but are just doing their job and being nice to them will get you further than screaming at them which is what most landlords do.

    You can do it on your own but if its killing you, hire a lawyer, the peace of mind is worth the money.  

    1Reply
  • Bart H.
    Dallas, TX · Member since 2016 · 1k+ posts · 745 votes
    8y
    Originally posted by @Jeri Norris:

    I purchased a duplex across the street from my parents because the tenants (no lease/subletters) are nasty/high/rude to my parents and all neighbors on the street. Listed tenants moved out.  

    I worked with the previous owner for 3 months to help him evict them, but half the time he was high and half the time he was passed out. He has no record of leases or payments. 

    He finally sold me a $54,000 property (negotatied to $15,000 because of so many damages and required repairs/ 3 months later) for $9,000, on the condition I evict. 

    Because I purchased the property after the 1st of the month and no tenant living in properties have a lease, my attorney advised me to give a 30 day notice, find legal names for current tenants and avoid non-payment of rent eviction (because I can’t prove previous owner didn’t receive it and if he showed up for court... he would be considered unreliable). 

    It took me over over a week to find out who all tenants are (legal and otherwise) because code enforcement has been involved for months and issued several citations. 

    Tenants have been cited AGAIN, issued court dates, and were given notice to fix violations and turn on water within 7 days (which they cannot do without a new lease and I refuse to sign one because of damages and violations). 

    I was given copies of leases and can site all lease violations (minus late rent as I did not own property at the beginning of this month). 

    However, when I look up the law in Texas, it says I am required to hire an attorney for any eviction that is not for “non-payment of rent”... Is this true?

    Do I give a 30 day eviction to non tenants or proceed with a 3 day and hope that they move before code enforcement returns on Thursday and condemns the property for no water and being unsanitary?

    Advice y'all? I worked as an apartment manager but only ever had to evict for non-payment. This is my first REI.

    Please help and send advice. I really want to move forward as this is taking up time and money and is straining my finances. 

    Thank YOU ALL!

    Jeri

     I am not an attorney, and this isn't legal advice, but I am fairly certain you can do evictions yourself if the property is in your own name.

    I think you might need an attorney if the property is held in an LLC.

    0Reply
  • Fred Heller
    Real Estate Agent/Property Management · Houston, TX · Member since 2014 · 1k+ posts · 827 votes
    8y

    As far as I know, you don't need an attorney for an eviction in Texas. The forms are readily available on the County Court website wherever your property is located. The forms have a section for "nonpayment of rent" and another one for "other breach of lease."

    I will say that you can be tripped up if all the paperwork and notices are not done exactly correct. There are companies in Texas that handle evictions for you. I would look into that just so that you're not driving yourself crazy. You're probably looking at $500-$1000 for the service.

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  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y

    First, you do not need an attorney in Texas.  

    I would proceed with a 3 day notice.  Be sure to file against  Mr and Mrs Smith and all other occupants

    What town are you in as that might provide some more insight by posters ?

    I would be VERY proactive with the inspectors .  Work with them.  Condemning the property can be a big deal as the city can force you to me all current codes to release the condemnation

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  • Jerel Ehlert
    Attorney · Austin, TX · Member since 2014 · 888 posts · 759 votes
    8y

    Anyone can represent anyone else in JP court eviction. in Texas.  As of last legislative session, same goes for appeal to County Court, but I haven't seen that yet.

    0Reply
  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    Wow guys. Thanks for the advice and QUICK response. The property is in Killeen, TX in front of JP Bill Cooke. The property is just a few blocks away from one of the main gates, so as most of you deduced... the kind of traffic through here is not what you would want near your children (or parents). Previous Landlord did not even bother to do a background check or obtain ID for tenants on lease. As for Code Enforcement, they have definitely changed my opinion about their job. I agreed to work with them to bring property into compliance and they agreed to work with me to remove tenants. They provided me all the information on all tenants, so that I can go forward with eviction. When they served a warrant for inspection they only cited broken windows, trash, high weeds, missing sewer cover and missing outlet covers. That can all be repaired within a few days and only a few hundred dollars to get them up and livable again.

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  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    I have another question to ask as well, really a couple. Since most of you have a ton of experience for evictions for lease violations... I am going to list the most SEVERE/BLATANT violations per the signed lease (tenants on lease do not reside there, but come and go as they please so they will be included in the eviction). Should I list ALL of these on the 3 day notice and on the court filing paperwork, or should I keep it simple and just list one or two? I appreciate ALL advice and truly and thankful for all your assistance.

    Clause 3. Limits on Use and Occupancy

    The premises are to be used only as a private residence for Tenant(s) listed in Clause 1 of this Agreement, and the following minor children: (names withheld). Occupancy by gusts for more than fourteen days is prohibited without Landlord’s written consent and will be considered breach of this Agreement.

    Tenant has allowed person not listed on lease (Name Withheld) to remain on property for more than 60 days.

    Clause 9. Utilities

    Tenant will pay all utility charges, except the following, which will be paid by Landlord:

    N/A

    Water has been turned off for more than 90 days.

    Clause 11. Tenant’s Maintenance Responsibilities

    Tenant will: (1) keep the premises clean, sanitary, and in good condition and, upon termination of the tenancy, return the premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear: (2) immediately notify Landlord of any defects or dangerous conditions in and about the premises of which Tenant becomes aware: and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenant’s guests or business invitees through misuse or neglect.

    Tenants have been cited twice by City of Killeen Code enforcement (& have failed to comply) for:

    Tampering with distribution system

    Taking water unlawfully

    Unsanitary living conditions

    Clause 13. Violating Laws and Causing Disturbances

    Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession, or sale of illegal drugs: (2) commit waste (severe property damage); or (3) create a nuisance by annoying, disturbing, inconveniencing, or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident.

    Tenants have broken multiple windows, and have trash and debris scattered all over the property. Tenants are violating City Code of Ordinances by failing to comply with code enforcement violations.

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  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y

    @Jeri Norris

    Usually my standard answer is that evictions for other than non-payment of rent are difficult to win in many instances.

    However, you mentioned the property is in Killeen.  I am going to assume it is a older duplex so you should be in Judge Cook's precinct which is kind of like winning the JP Judge lotto !  He is not going to take any bs and his standard answer when tenants bring up their "story" is to tell them to "file an appeal.....judgement for the plaintiff"

    I would go after them for for non payment of rent as the burden is on them to prove they have paid.  I would pick another violation(probably the utilities) and go with that

    Now on the Code Violation side.  Killeen has been much tougher than they used to be back in the day.  As I stated before, keep them informed and I would ask them to postpone the condemnation pending the eviction as I would be very concerned that I would be required to meet current code on a 50 year old duplex

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  • Peter M.
    Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
    8y

    List them all. They may be able to argue one but they won't be able to argue all.

    0Reply
  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    I spoke with Code Enforcement and they are not condemning property, they are going to make it uninhabitable for broken windows, trash, high weeds, (a missing sewer cap?!?-Really?) and lack of running water. I was told that if I can bring that into compliance voluntarily, then once I fix/remedy these “outside violations” it would be habitable again. - Without a citation or violation on me as owner. - Also, yes, Judge Cooke does not take any BS! He did my evictions as a PM and he sides with those who are in the right! 

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  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    Quick question, can anyone point me in the right direction for a 3 day vacate for both non payment and lease violations (that does not offer option to cure)? I’ll pay a reasonable fee, but these online forms feel sleazy, offer one option or the other for violation, and almost ALWAYS offer to let the tenant fix the situation. I truly just want them out! They’ve made my life hell for 3 months. They’ve made my parents (and their neighbors) lives hell for close to a year. 

    0Reply
  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y
    Originally posted by @Jeri Norris:

    Quick question, can anyone point me in the right direction for a 3 day vacate for both non payment and lease violations (that does not offer option to cure)? I’ll pay a reasonable fee, but these online forms feel sleazy, offer one option or the other for violation, and almost ALWAYS offer to let the tenant fix the situation. I truly just want them out! They’ve made my life hell for 3 months. They’ve made my parents (and their neighbors) lives hell for close to a year. 

     This is to serve as your 3 day notice to terminate the lease for 123 Main St.  You are not required but can add for non payment of rent and XXXX violations.

    Couldnt be simpler.  Delivery is Regular/Certified Mail or In Person to an adult or Inside of the door or now if you feel threatened taped to the outside of the door

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  • Peter M.
    Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
    8y

    @Jeri Norris Hey so I have a question for you. Where did you see that you must hire an attorney for something other than non-payment of rent? Title 4, Chapter 24, Sec. 24.011 says(a) In eviction suits in justice court for nonpayment of rent or holding over beyond a rental term, the parties may represent themselves or be represented by their authorized agents, who need not be attorneys. In any eviction suit in justice court, an authorized agent requesting or obtaining a default judgment need not be an attorney. To me the second sentence answers your original question: In any eviction suit in justice court...need not be an attorney.But this is why I am not a lawyer, everything is open to interpretation. 

    I want to thank you for asking this question in the first place because I am currently re-reading Texas property code and there are some changes since the last time I had to evict somebody. The last changes were effective September 1, 2017 and this section was one of them. Just a reminder that we have to constantly be learning. 

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  • Peter M.
    Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
    8y

    In response to your most recent question read Sec. 24.0051 it has exact wording you have to use. Honestly man, I am going to ask an attorney about these changes because a lot of this verbiage wasn't here a few years ago. You said you had a lawyer advise you to do the 30 day notice. I would ask him. 

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  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    I cannot find an actual law, but a google search returns this phrase frequently... “Unless the eviction is for non-payment of rent or holding over beyond a lease’s expiration date, you will need a lawyer to appear to represent you”. (Buildium site, Nolo site, Avvo site and etc.). Posted 5/15/17. There’s more, but I’m on my cell. 

    It is limited to Texas searches, but never cites a rule or section. It also never indicates if it means tenant or landlord- however you all know the rules, tenants come first- 

    This was the reason for posting my discussion  

    We have FEW TRUE real estate attorneys in Killeen, so mine can charge a lot for a question.

    I posed the same ? On Avvo and paid my $39 for a 15 minute consult and answer. No reply. 

    They offered a refund or to reach out to another TX attorney and I took the “reach out option”.

    They refunded my money, said they would pay for 1 session when they could find an atty to answer this question, and then I reached out to you all. 

    I have a FREE 15 minute Phone session tomorrow with a Houston lawyer JUST to answer this one question. I will update as soon as find an answer, section, rule or etc. 

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  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y

    @Jeri Norris

    You absolutely do not have to have a lawyer represent you.  If fact, resent changes have the law moving in the opposite direction.  You can literally have your lawn guy represent you

    Additionally, any suit filed now would not be heard until after May so an additional months rent will be due.  In my 28+ years, tenants show up less than 1/3 of the time

    0Reply
  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    I appreciate all of the advice and want everyone to know that I’m not ignoring it. Your advice has actually kept me super busy and helped!

    0Reply
  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    The advice to speak to my attorney again just led him to request a $1500 retainer for each unit. - I can’t afford that, I’m a single parent and student- BUT... I worked with Code Enforcement and they went even farther to help me. My duplex was not visited today, and I received contact info and copies of ALL leases. 

    0Reply
  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    I spoke with the person on lease A and he is going to be here Saturday to help his guest move out of my place and into another “friends” place, return keys and sign that the unit is empty and vacated. In exchange for no eviction proceedings on his record. 

    0Reply
  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    Tenant on lease B/Second unit is going to be a little more difficult... She is on SSI and thinks she can use that as a defense. She told me (on video) “So you’re going to have me served by a cop, right? I can beat the man”.

    0Reply
  • Peter M.
    Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
    8y

    That's why most people do it themselves starting out. Read the property code, cross your ts and dot your is and be courteous to the judge. You may not get it right the first time but you will learn and you will eventually win. Just remember, you will learn from all of this. It may end up costing more than you would have paid the lawyer but sometimes getting knocked down is the best teacher.

    0Reply
  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    At this point, I just can’t wait. I know tenant A can not afford an eviction suit (security clearance and all that, Ft hood). Tenant B and her guests have started using the backyard as a toilet in front of all neighbors, even during daytime hours. (No fence, so very public!!)! They (parents and neighbors) called me and I told them to video and call police. Craziness. 

    0Reply
  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y

    @Jeri Norris

    I know you are apprehensive, but like I said you are dealing with Judge Cooke. He is not going to allow the drama. All will be fine. Feel free to reach out with any questions 

    1Reply
  • Jeri Norris
    OP
    Member since 2018 · 12 posts · 1 vote
    8y

    Hey all! Just wanted to give an update (and thank everyone AGAIN for all your advice). 

    Tenant A (on lease) signed a paper he vacated and gave up possession of property. (That’s all, except name and date). He tried to get friend to open door, but sadly friend was douchy and ignored him for 1/2 an hour. 

    I sent squatter A a certified (overnight) return receipt eviction Friday. He of course refused, but hey, I have the proof. 

    I also sent Tenant B & Hubby (and squatter B) the certified eviction. Squatter refused to sign for it, but Tenant B stopped the mail truck 15 minutes latter to sign for it. (Her name was listed first, even though her and hubby moved out). 

    The next day Tenant B (40ish) offered (my 20 year old nephew) to pay the one month of back rent and be his FRIEND for the night. 

    No words. I don’t even know what to say to that. 

    BUT... I filed today and have a court date for 5/9. 

    The constable did not give them notice today (so they should do it tomorrow). *I actually took tomorrow off. Just so I could be at my parents to see the one tenant go ballistic.* Hope that doesn’t make me a bad person...

    But I would really appreciate thoughts and prayers! Maybe (I know, not likely, but maybe...) this will motivate them to move out sooner than later. 

    Thanks all!!!

    Jeri

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