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All Forum Posts by: Brad Gibson

Brad Gibson has started 28 posts and replied 181 times.

Post: CoVid Stimulus - Rental Assistance

Brad Gibson
Pro Member
Posted
  • Rental Property Investor
  • Midland, TX
  • Posts 185
  • Votes 179

Texas has their website up.  Landlords can apply on behalf of the tenants, but they must still sign off and either give documentation to the landlord or directly on the website to assist with the application.

https://texasrentrelief.com

Post: CoVid Stimulus - Rental Assistance

Brad Gibson
Pro Member
Posted
  • Rental Property Investor
  • Midland, TX
  • Posts 185
  • Votes 179

This thread reminded me to do a search to see what (if anything) Texas was going to do with its allocation of the federal Covid stimulus that was designated for rental assistance.  

It appears that Texas will launch their program in a couple of weeks that will provide direct assistance to tenants who apply as well as landlords who can make application on behalf of their tenants.  Several print and television media outlets had some stories across the states.

Here is one from the Texas Tribune: https://www.texastribune.org/2...

I'll keep following up to see if I can find the specific eligibility requirements as well as the application process.  There is a finite amount of money available through the program, so being early in the queue will likely be important.

Post: CoVid Stimulus - Rental Assistance

Brad Gibson
Pro Member
Posted
  • Rental Property Investor
  • Midland, TX
  • Posts 185
  • Votes 179

I’ve seen nothing so far from my home state (Texas). 

It sucks that landlords are being hung out to set on this thing unlike any other business. 

The Feds aren’t requiring grocers to provide their services for free. Same with utilities or trash collection. Local gas stations still require payment for services. 

It seems landlords are the only business owners that are required to provide services to people affected without access to recourse for non-payment. 

Post: CoVid Stimulus - Rental Assistance

Brad Gibson
Pro Member
Posted
  • Rental Property Investor
  • Midland, TX
  • Posts 185
  • Votes 179

I have some tenants who have been unemployed and their benefits expired, so they're doing the best they can to make some payments and stay in the house.  They're behind and if there is a way for them to get help to be caught up, it'd help me collect on some back rent that may be forever gone without assistance and also keep those tenants from having a judgement against them.

The Feds need to make landlords and owners whole for the eviction moratorium they've put in place which denies access to the courts and unlawfully harms the property and income of those who rely on this as an investment.

It'd be akin to the Feds not allowing anyone to take the interest off of bonds or dividends off of stocks.

Post: First Eviction - Advice?

Brad Gibson
Pro Member
Posted
  • Rental Property Investor
  • Midland, TX
  • Posts 185
  • Votes 179

I’ve been swamped with my “real job” today, so I sent my son back by. All possessions had been removed from the yard. 

Dog was still in the back yard. My son bought some food and put some water in his bowl. Dog was a little skittish and confused according to my son. 

I’ll call animal control tomorrow if no-one has retrieved him. Beautiful St Bernard. 

We will do a little clean up & it’ll be ready to put it back in the market. 


Post: First Eviction - Advice?

Brad Gibson
Pro Member
Posted
  • Rental Property Investor
  • Midland, TX
  • Posts 185
  • Votes 179
Originally posted by @Greg H.:

People in other states might noT understand the process for evictions in Texas. The process Brad was describing was the Writ Of Possession or actually taking possession of the property. His eviction hearing happened back in November I believe he said. 

Evictions in Texas are for the most part simple and often informal depending on the location. The judges are actually elected officials called Justices of the Peace. Some counties have several and other counties have just one based on population (Coting Precincts). In more Rural Areas I am typically just sitting at a desk with the defended talking to the Judge and he Renders a decision. Never lost one in 30 years. Actually anyone in Texas can represent you at a hearing. Yep, you can even use A handyman to be there. Once possession is awarded, the owner can file for the Writ after the 6th day(Period allowed for an appeal). There are some ways to speed up the process a bit however the vast majority of tenants just move

Thank you.  Pretty much sums it up concisely about the process in Texas.  Very informal.  In fact, the hearing was held via phone conference.  No-one was on site and I had submitted my documents electronically ahead of time so the JP could review it.

He awarded for me in November and gave the tenant 30 days to find a new place before I could file the writ of possession, which is actually to take possession of the dwelling and move the tenant's belongings out.

It was the last part that happened yesterday.  I had hoped the tenant would move on his own, but that was not the case. 

Post: First Eviction - Advice?

Brad Gibson
Pro Member
Posted
  • Rental Property Investor
  • Midland, TX
  • Posts 185
  • Votes 179
Originally posted by @Account Closed:

@Brad Gibson so how did it go?

It went smoothly.  It was a ton of work because two of the movers didn't show up and my son and I had to jump in and do the work in order to get everything moved out in the two hour timeframe.

Tenant to the bitter end was pleading for more time & indicated they had nowhere to go.

Tough day, but a part of being a small rental investor.

Post: First Eviction - Advice?

Brad Gibson
Pro Member
Posted
  • Rental Property Investor
  • Midland, TX
  • Posts 185
  • Votes 179
Originally posted by @Bob Stevens:

@Brad Gibson 1st off you should not be involved, hire a PM CO. 2nd, screw them,,,, throw their crap on the lawn, These low lifes are all the same, big talk but when its time to get put out, they cry like babies. 

Easier said than done in my market.  Finding a capable and quality PM here is difficult.  I began to transition to a property manager two years ago and gave them a unit as a trial.  This was supposed to be the best PM in our market.

Three months after it went on the market, they still had not found a tenant in what was once one of the hottest rental markets in the nation.  They weren't really showing it and if they did show it, getting tenants screened wasn't a high priority.

I essentially marketed it and had it screened and rented for them in less than three days.  They still wanted their 50% of the first months rent because of the "contract" even though I found the tenant.

Things may have changed since the pandemic has caused oil to bust, but no-one manages your properties with the same care that you do IMO.

I may hire an attorney the next time, but nonetheless...I would still have to arrange the movers and turn the unit over.

Post: First Eviction - Advice?

Brad Gibson
Pro Member
Posted
  • Rental Property Investor
  • Midland, TX
  • Posts 185
  • Votes 179
Originally posted by @Joe Villeneuve:

OK.  This particular situation has been discussed.  Now I want to add something to the conversation of a more proactive nature.  If in the future anyone knows they will be evicting someone, my advice is to show up at court early (preferably some previous day, but with Covid that's not going to happen) to watch the process in action.  What you are looking for are three things:

1 - What to bring, and what not to bring
2 - What to say and what NOT to say (the later being the most important)
3 - How the judge works the process in his/her courtroom.

The eviction ran smoothly & was as textbook as possible on the pandemic world.

I would recommend seeing a court case before you have to file and appear. The process had multiple steps, but it was not hard & each county in Texas has all of the filings, sample petitions, and things you need to be aware of on their website. 

I would say to be sure you have all of your documents in order & provide them to the court. Signed lease agreement, rent rolls, receipts, maintenance work orders, copies of notices given to the tenant, copies of the certified mail receipts, etc. 

Stick to the facts. Don’t add any commentary. No one wants to know what an A-hole or liar your tenant has been. Be professional. Refer to the tenant as Mr or Mrs... Ensure all of your communication leading up to the court date is professional and courteous, even if it is firm. 

Courts don’t like personal or business checks usually. Bring your court fees in money order or cashiers check form. 

Be nice to the court staffers. They are generally underpaid and deal with a lot of crap. They’re the ones who make the wheels turn & stuff can go really slow if you’re a jerk to them. Conversely, they can be go above and beyond to help you if you’re kind to them. Most folks don’t “see” them. It’s just a transaction that people want done & don’t give it a thought. 

My main job is as a school teacher & now administrator. So dealing with Middle School students and parents has uniquely prepared me to deal with tenants IMO. 


Post: First Eviction - Advice?

Brad Gibson
Pro Member
Posted
  • Rental Property Investor
  • Midland, TX
  • Posts 185
  • Votes 179
Originally posted by @Adam Martin:

  Congratulations on getting your property back, this just goes to show that you can't help those that don't help themselves.  You did the right thing by not letting them in under any circumstances, if they had 2k today they could have had it earlier and prevented this mess.  If the sheriff says do what you want with it I would double check that, I thought in most places you had to store for a period of time.  If not I'd take what you want and think you can liquidate to recover some losses.  What is left you can either dump or as others said just post a craigslist or facebook marketplace add for a porch side pickup and it will be gone minus a bit of trash.  You could also move it in the garage and post it where if someone wants it they have to take it all, you would be surprised what people want when its free and its all gone.  The only thing questionable to me though is the dog, please go check on it tomorrow and if it is still there call animal control, there is no reason for it to suffer because they failed to plan.  

 I will drop by tomorrow to make sure his dog is cared for. Beautiful dog.