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Updated over 3 years ago on . Most recent reply

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Sam Shirazi
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17
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How to collect back rent? Worth to sue tenant ?

Sam Shirazi
Posted

Hi guys, I have a rental property in Austin, TX. I am in a situation where an old tenant broke the lease and owes me about 5K after deducting security deposits (2 months rent till replacement is found, early termination fee, some damage fee). My PM told me they will report to collections but said if I were to pursue a legal action they can support in providing any docs to attorney .

I did some online search and found that even if judgement came in my favor it would be hard to extract any money as I am responsible for money collection and not the court. From what I know tenant has a high paying job (WHEN we screened for employment verification ). He did not lose his job (no COVID related issues) and PM probably might have his bank account # (not sure)

Can someone pls advise what I could do here? If it was 1-2K I would have just reported to collections but 5K is pretty significant. Its a year worth of property taxes -:) 

Most Popular Reply

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Greg H.
  • Broker/Flipper
  • Austin, TX
4,241
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4,335
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Greg H.
  • Broker/Flipper
  • Austin, TX
ModeratorReplied

Texas answer:

You have an almost zero chance of collecting any judgment in Texas from a tenant. Texas does not allow garnishment of wages and the list of exempt property is lengthy. The former tenant can literally go buy a million dollar home tomorrow with cash and there is nothing you can do about it

Saying that, in Texas you do have the ability to get tenants out quickly as our eviction process is simple and quick 

  • Greg H.
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