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

[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

[Peter M.]

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.