Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
So I have a renter that is a number of months delinquent. I am considering hiring an attorney to evict them. The attorney charges the full amount up front for an eviction. With that in mind what if the tenant tries to bring their least current without reimbursing me for the attorney fees? Is a tenant legally obligated to reimburse me for attorney fees? Do I have to allow the tenant to cure their default? The property is in Texas.
So I have a renter that is a number of months delinquent. I am considering hiring an attorney to evict them. The attorney charges the full amount up front for an eviction. With that in mind what if the tenant tries to bring their least current without reimbursing me for the attorney fees? Is a tenant legally obligated to reimburse me for attorney fees? Do I have to allow the tenant to cure their default? The property is in Texas.
So I have a renter that is a number of months delinquent. I am considering hiring an attorney to evict them. The attorney charges the full amount up front for an eviction. With that in mind what if the tenant tries to bring their least current without reimbursing me for the attorney fees? Is a tenant legally obligated to reimburse me for attorney fees? Do I have to allow the tenant to cure their default? The property is in Texas.
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
4y
Technically no as a 3 day notice of termination would terminate the lease agreement. However, in practice many JP judges will let them come current before a decision is rendered
How much are you paying for an eviction? In Texas an eviction for non payment could not be simpler and a landlord can appoint literally anyone to represent them
Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
4y
#1 Read the lease......what does it say?
#2 My guess is probably this is your option....on if you accept catch up rent or not. I probably would, because otherwise you probably won't get it. It probably will be awarded to you, but collecting is a whole other game.
If you are local you can probably do the eviction yourself. Go to the JP in the area the house is located or even online. They'll often have instructions and forms. You might go watch a few cases too before you present. Items you'll probably need or want are a copy of the lease, evidence they haven't paid, evidence you gave them proper notice to vacate...I'd suggest certified mail, regular mail, and post it on the inside of the front door....all 3 so you have all the bases covered. While a lot of online places say the letter should say something like pay or quit, my local JP, says maybe you don't want them to pay....just move...so therefore it is just a quit letter......ie you're not paying, you're in violation, this is your 3 day letter to move out. Get receipts for mailing at the post office...so you can show the date it was mailed.
Most of the time the tenant never shows, but in case they do you want all your evidence. In my experience lucky if the hearing is more than about 5 minutes....maybe less.