Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 3 years ago on . Most recent reply

User Stats

17
Posts
3
Votes
Sam Shirazi
3
Votes |
17
Posts

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

User Stats

4,335
Posts
4,243
Votes
Greg H.
  • Broker/Flipper
  • Austin, TX
4,243
Votes |
4,335
Posts
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.
  • Loading replies...