Frisco - Landlord - Cash for Keys or Eviction

[Account Closed]

Hi everyone

My wife and I are in a little bit of a pickle. We have a Tenant that is in violation of their lease because they have an additional pet on property.

We inherited the tenants from the purchase of the rental property. The previous management did not play close enough attention.

Long story short the tenant is in violation of his lease because they have a second dog on property. 

Because they are in violation we want to remove them from the property.
We are serving them with a notice of lease violation soon to declare that they are in violation of their agreement. If they do not resolve this in 48 hours we were trying to strategize. 

Please offer advice on the below

Lease is from September 2020 - September 2022

We are exploring two options:

1.Eviction 

Proceed with an eviction or in lieu of eviction provide a new lease that captures both pet information but changes the lease end date to September 2021, because they are in violation we should technically evict them. Instead we want to give them time to get out and have proper documentation of the animals on property.

1)Can we legally do this? 

2)Does the violation of their lease allow a new lease to be implemented? 

3)Furthermore can terms be changed if a new lease is agreed to?

2. Cash for keys -  

We feel this will have low success because this Tenant has been in place from 2017 so there rent is under market value. Their rent is 1155 in a place that is can rent for 1350. They have 2 kids and 2 dogs, and renewed their lease in June of 2020.

Background Information

The dogs have destroyed the air conditioning unit and will need to be replaced soon, multiple other projects have to be completed in this property (Restrooms remodel and kitchen) and having people in this feels like more of a liability then a reward.

My wife in I want to move in and repair all the items that need to be then make it our primary residence 

4)Are there any Legalities we have to be aware of?

5)Is there any type of law in Texas that allows a landlord to remove a tenant if they plan on making it their permanent residence?

I know we have to serve a notice of Lease violation and Notice to Vacate,

6)Would anyone serve a notice of Lease violation, then pose cash for keys?

The property in question is located in Frisco Texas, 

Anyone with any advice on how they would proceed is welcomed


Goal: Remove a Tenant who is in violation of their lease, by either Cash for Keys or eviction

[Bruce Lynn]

You can file for eviction and that may get their attention, but in my experience some judges will not evict for a minor violation.  Normally it has to be something big like non-payment of rent.  They may ask you something like are they paying?...you say yes...then they tell you that you are a landlord, get over it.

Not saying that's right but it is probably pretty hard to prove damages of 1 dog vs 2.

Judges are pretty smart....they're going to ask you some questions....like did you see the property before you bought it....did you do an inspection, did you see the two dogs then, if not when did you find out about the two dogs, did you get a copy of the lease before you purchased....and probably a few more....then they're going to say....you knew when you purchased this they were in violation, but you accepted these terms.   If you don't want them, give them notice in 2022.

I guess you could try to get them to sign a new lease, but why would they do that if their rent is so low.  It will be tough to find another place in Frisco or probably even anywhere around there for that kind of rent.

My guess is unless you make it worth their while...like a LOT of cash to get them to move, they camp out and stay with the lease that you agreed to when you purchased the property.

Think how you would feel if your landlord came to you with some minor lease violation...3 cars vs 2, or you weren't watering the lawn as often as you agreed, or your mom comes to visit for 15 days vs 14 in your lease....and then you get hit with a violation of lease notice.

If they're paying, be happy.  If they're paying on time be happier.   Don't do any upgrades until they vacate.   Keep them happy until their lease runs out.

I think you might have better luck with getting an extra deposit from them, or extra rent, but probably not worth the hassle or pissing off a long term tenant that you agreed to inherit.