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?