Frisco - Landlord - Cash for Keys or Eviction

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Frisco - Landlord - Cash for Keys or Eviction

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Frisco, TX · Member since 2021 · 36 posts · 11 votes

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

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

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.

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

    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.

    4Reply
  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    Important to know these two are not mutually exclusive and they often work best together.  Sending the first notice followed by cash for keys offer can work well.  As the eviction process rolls through court offering cash for keys (less and less money of course) is also good as the realties sink in they may bail and take cash for keys.  

    I don't know the laws on TX so someone else can answer but you can't always evict for possession.  For example in some states, if a tenant doesn't pay their water bill even though the lease says they are required to do so you can't evict for possession.  You can sue for water bills but can't get them out for water.  Further still in some places regardless of what the law says judges do things on their own.  That is why it is good to talk to a local lawyer who not only knows the laws but the judges.  They can help you create leases and documents that will best protect your interests according to both local laws but also how local judges rule.  

    Being 100% honest I find it hard to believe a judge, in CA in particular would allow you possession of the property because they have 1 to many dogs.  While technically in violation of the lease I doubt that will win you possession.  

    Again, being 100% honest it really seems like you just want to kick them out and make this your primary home and are looking for any reason to do so.  Doesn't seem like this really has to do with the pet. 

    if the dogs took out the AC, charge them but I doubt you will be successful evicting them given what you have stated.  

    All that said, you can ask the tenant.  You can offer them cash for keys, you can serve notice they are in violation of the lease terms, but legally it might be a tough road.  

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  • David Sisson
    Architect · Providence, RI · Member since 2016 · 257 posts · 195 votes
    5y

    I'm not sure how a dog destroys an AC, but OK. If they are paying, and otherwise not destroying the property AND you plan to do extensive renovations when they leave anyway - then just wait until the end of the lease and don't renew it. Get them to sign a little lease addendum where they admit that they have two dogs if it helps you feel better about it. If the dog did destroy the AC, then you can charge them to get it fixed. 

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    If the dogs have destroyed the AC, the tenants need to pay for a replacement.

    Check out the local laws.  If you are moving in, there are often exceptions allowing you to end the lease early.

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  • Account Closed
    OP
    Frisco, TX · Member since 2021 · 36 posts · 11 votes
    5y

    @Scott M. @Bruce Lynn

    The dogs being in violation is the big one for us, the dogs have peed all over the air conditioning unit, and the tub has rust with a toilet that will not flush.

    Realistically I want them out because I do not want to be sued for those issues, the extra dog in violation of their lease is also a dog that they are using in attempt to breed and sell the dogs on the property. I know because they had explained that to be their goal, thus running a business out of the place.

    I want to make sure if we pull them out he have grounds to, if they are not in a violation that is big enough for us to  remove them then we will not. We plan to serve them with a notice of violation for the second dog. 
    We do not have any paperwork for it and I do not want to be held liable if that dog bites anyone. 

    Thank you for your advice 

    0Reply
  • David Sisson
    Architect · Providence, RI · Member since 2016 · 257 posts · 195 votes
    5y

    The toilet is your responsibility to fix as the landlord. I'm not sure about the rusty tub - that sounds like something you can take care of when you renovate the unit. You can charge them to fix the AC if the dog really did it. 

    You can certainly have the city inspector get involved if they are actually running a business out of the house, but probably the result will be that you'll get in trouble as the property owner, rather than them. 

    As others have mentioned, you accepted them and their dogs as tenants when you bought the home with them in place. 

    You should have a conversation with them thusly:

    1) Only one dog is allowed per your lease

    2) you have two dogs

    3) here's an addendum that legalizes your second dog

    4) But please note that you can't breed dogs here or have more dogs (write it straight into the addendum)

    5) If you start breeding dogs, I will do a quit or cure notice, which leads to eviction, and I'll get the city inspector involved (you'll get the city inspector involved so you can show actual damages to the judge)

    This is why I don't allow dogs in my places. Not because I don't like dogs - I do - but I've observed WAY too many people aren't good dog owners. As an aside - it's a good idea to be nice to your local town officials (city inspectors, etc) because they can help you out or hurt you depending on how they feel about you. I deal with these men and ladies all the time (as part of my job) and most of the public treats them poorly, so a bit of friendliness goes a long way. 

    0Reply
  • Account Closed
    OP
    Frisco, TX · Member since 2021 · 36 posts · 11 votes
    5y

    @David Sisson David, thank you for this response, brought me great clarity. This is what we were leaning towards and feel more confident this is the path of least resistance that can accomplish our goal and mitigate the risk set forth by previous ownership.

    0Reply
  • David Sisson
    Architect · Providence, RI · Member since 2016 · 257 posts · 195 votes
    5y

    Yeah, you have to tell them they can't breed dogs. That'd be a no brainer I think. Harder to argue the 2nd dog. 

    0Reply
  • Account Closed
    OP
    Frisco, TX · Member since 2021 · 36 posts · 11 votes
    5y

    @David Sisson @Bruce Lynn

    If they signed a pet addendum for the one pet in 2017, 
    Do I have to give them the exact same document for this new pet?

    Or am I allowed to give them a new pet addendum with two big changes

    1. The previous one did not increase rent or require a security deposit. (It is stated on the document but the amounts are $0)

    2. Adding verbiage that would not allow them to breed the dogs on property

    No where on the lease does it designate that specific documentation used for the 2017 pet addendum

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