Nightmare Eviction in Dallas

[Jay Libowitz]

So I bought a class D property in June 2019 with four inherited tenants. One tenant will not pay on time (monthly rent of $775). I serve notice to vacate once, then allowed them to try to catch up. I serve again the next month, then actually file at the Justice of the Peace. Right before court date, tenant pays $775 to catch up on rent, but is still a few hundred short. I get a judgment for $380 plus court costs (which wasn’t clear to either tenant nor myself). No attorney hired, so no legal fees.

She appeals.

Takes close to two months to get a court date in the County Court. I don’t get a lawyer because I thought I could do this myself and I knew I’m not seeing another dime out of this tenant. Trying to get them out ASAP. At this point, with $50 a month in late fees, amount owed is up to 2,221 including $141 in JP filing fees. A few questions:

The judge reset my court date because she deemed that I wasn’t prepared for a trial (which I wasn’t). I accepted that at this level, I need a lawyer which would cost $1,250. Assuming I would obviously win, this fee would have to be paid by the tenant, which has no means of paying? So how should I get a lawyer in the first place?

The judge stated that I can’t not return the security deposit because that’s illegal. That’s wrong, correct? For non-payment of rent, I can of course keep the deposit.

Since I have another tenant lined up, and I just want these people out, I agreed to give back the $600 security deposit so they could afford a uhaul to get out. Should I hire an attorney now to get a judgment against my tenant even though she will have moved out by then? Would I have to pay given the low probability that the tenant will never pay?

How would I collect once the tenant moves out?

The tenant’s fiancé lives in the apartment, but isn’t on the lease. Is there any way I could get a judgement against him?

[Marc Winter]

@Jay Libowitz, you need to consult an attorney to get direction.  A consult will not cost $1,250.  You need to learn the L/T laws in your state.  Learn them better than these professional tenants know them. That's why you are getting kicked around in this case--they know the law better than you do. 

In PA, an appeal of eviction requires the tenant to deposit the full amount of the judgment with our Prothonotary (County Recorder).  I suspect there must be some sort of similar statute with your state. Here, if they do not post the rent with the court officer, they lose their appeal.  There is no free lunch, even though lots of tenants think there is.

And for judgment, you most likely received judgment from the district court or JOTP which once this is cleared up, you MUST get certified and recorded in county records.   How else will other owners know that these guys are deadbeat pros, out to suck free rent out of what they think are rich fat-cat owners?  HA!  If they only knew...

Good luck.  Better yet, study those L/T laws, even go to sit in the back of the courtroom during L/T proceedings.  (Actually I got a really nice buy from a disgusted owner who just wanted to get out--met him right after his court case.)