Eviction case study in Houston- Few landlords that lost the case

[Neda Navidnia]

I just wanted to share this with other landlords, specially those who self manage their rental property.

Bad tenants can easily educate themselves and play with you, I believe landlords and property managers should help each other to make it harder for those messy tenants rent our homes.

We have had the most numbers of eviction this year comparing to previous years, most of them were tenants that we did not put in the property.

Getting tenants evicted for non payment of the rent is easy as long as landlord has followed the rules.

This is waht TAR says: 

How much notice does a landlord have to provide a tenant prior to filing an eviction?

It depends on the terms in the lease. The Texas Property Code requires that a tenant under a written lease or oral rental agreement receive a written notice to vacate the premises at least three days before the landlord files the eviction suit—unless the parties agree in a written lease to a different time period. This would be the case if you used the TAR Residential Lease, which requires only one day written notice to vacate prior to the landlord filing the eviction.

Here are few cases that the landlord lost the case and the reason:

- Landlord did not send the notice in writing, he said I went to the property in person, couple of times and I have given them a lot of chances.

I know it seems mean, but you shouldn't feel bad for evicting your tenant, no matter what the reason is. Of course we have had cases that the tenant was open to talk and we made arrangements without having to file for eviction. But if the tenants are not paying, are not leaving and are not responding to your calls or emails, do not let them enjoy your property for free.

- Landlord had sent the notice but the tenant deposited $300 to landlord's bank account. They owed more than $3000. But landlord lost the case, because while in the process, do not accept any money from them. 

As a property management company, we block their portal, so there is no way for the tenant to make payment.

- The last case was a representative who was not an attorney, which not a problem, the problem was the authorization form which did not had the requirements.