Eviction due to non-payment in Austin

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Eviction due to non-payment in Austin

Brian Hong
Investor · Austin, TX · Member since 2017 · 2 posts · 0 votes

I have a tenant in Austin who has not paid several months of rent.  She has a good-paying job, and her employment has not been affected.  What options do I have right now?  Does she need to fill out a CDC form to be shielded from eviction?

I have done some reading on the eviction process, and it seems to start with a Notice of Proposed Eviction.  Then I give the tenant 60 days to catch up on back rent.  Once the moratorium is lifted (and rent still has not been paid), then I can post a Notice to Vacate and proceed with filing an eviction.  Is this a correct understanding of the major steps?

Please respond with information specific to only Texas or Austin.  Thanks.

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Jim Cummings
Residential Real Estate Broker · College Station, TX · Member since 2013 · 1k+ posts · 969 votes
5y

@Brian Hong. Go here for how to proceed in Texas.

https://guides.sll.texas.gov/c... 

look for LANDLORD OBLIGATIONS.

Good luck!

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  • Jim Cummings
    Residential Real Estate Broker · College Station, TX · Member since 2013 · 1k+ posts · 969 votes
    5y

    @Brian Hong. Go here for how to proceed in Texas.

    https://guides.sll.texas.gov/c... 

    look for LANDLORD OBLIGATIONS.

    Good luck!

    1Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    I would get a LL/tenant attorney since no one really knows how the courts will react and an atty will have the best chance of knowing how the winds are blowing. 

    1Reply
  • Bruce Lynn
    Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
    5y

    Do you have a loan on the property?  Is it a federally backed mortgage like Freddie or Fannie? Then you may be subject to the eviction moratorium, but then again you may not.  Sometimes can depend on the judge.   Typically you do not need to give 60 day notice, more like 3 days....law says one thing, but judges may not always follow the law, so I say send it to the tenant, send another certified with return receipt, AND post it on the back the of the front door or give it to them in person.   Then no matter how you did it, you'll have an answer for the judge.  I'd say go in person to the PO when you mail, so you can get a receipt...that shows when you mailed in a reasonable way....I notice when you have a nice file when you go to the eviction hearing your chances of winning seem better if the tenant shows up...because chances are they will not be prepared.  Judge might say....how did you notify the tenant...judge...3 ways, reg mail, cert mail, and in person.  Here's a copy of the letter, here's a copy of the receipts for both reg mail and cert mail....here's a copy of our lease.  Here's a record of the non-payments (judge: but there is nothing on this bank statement) exactly...that's my bank account for the rent, and it has not been paid.....so then the judge will turn to the tenant and ask for proof of payment.  They wont have it either and they won't have their CDC guidelines or excuses.   You should have a copy of the guidelines also in your file, so you can swear they didn't follow or provide any of the information required.

    Check and see if your JP court is hearing evictions.  Check and see if they are issuing evictions.   Some are, some aren't.  See in Travis county if you can file in any JP court or if you have to file in the district where your home is located.   Also some JP courts have eviction guideline sheets, so get that if they have one and follow it.

    Can you evict for any other lease violations?

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    If you read the actual eviction moratorium order, it requires the tenant to demonstrate loss of income and that they've applied for assistance. IT doesn't give everyone a free pass to stop paying rent.

    I would contact an attorney immediately. One letter explaining the moratorium requirements may be enough to spook her into compliance. The moratorium is about to end so it wouldn't hurt to get lined up for eviction before the courts get backlogged.

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    1Reply
  • Brian Hong
    OP
    Investor · Austin, TX · Member since 2017 · 2 posts · 0 votes
    5y

    Hi, I think these are all very good suggestions.  Thank you.  I will probably contact an attorney to help me start the process.  

    0Reply
  • Tim V.
    Member since 2019 · 19 posts · 10 votes
    5y

    @Brian Hong I am in the same boat as you only difference being my tenant is only 9 days late.

    Good luck. Im going to start looking for attorneys tonight

    0Reply
  • Rick Pozos
    Wholesaler, Rehabber and Landlord · San Antonio, TX · Member since 2014 · 2k+ posts · 2k+ votes
    5y

    Hey @Brian Hong have you talked with the tenant?? Maybe ask what the issue is. Let them know that you have a mortgage also that must be paid. Communication is always key. 

    0Reply
  • James De Stefano
    Real Estate Agent · Houston, TX · Member since 2017 · 292 posts · 233 votes
    5y

    Agreed with the above posts,  for $500 or less you can likely get a RE attorney  to get your ducks in a row to do the eviction properly.  It's not that bad if you want to pay someone for experience. 

    0Reply
  • Ronak Shah
    Member since 2020 · 23 posts · 2 votes
    1y

    Any real estate attorney whom i can hire?

    0Reply
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