All Forum Posts by: Courtney Duong

@Ronald Rohde

Hi Ronald,

I read your website and know you handle eviction.  Unfortunately, you are in Dallas so I can't come to you.  Do you know any attorneys in the Houston/Spring/Woodlands area that you can recommend?  How much does it usually cost to get an attorney to work on an eviction like this?

This is for me on my rental.  I did have questions for you on foreign investors and already passed your answers to my brother in Vietnam.  I might reach out to you on that as soon as my brother decides to move forward with investing in the US.

Thanks.

@Elias Camhi

Hi Mr Camhi,

Thanks for the suggestion.  I think I will go with an attorney like you said.  I am in Spring and don't know of any attorneys.  Do you know someone who you can recommend?  She has been in the house for 8 months now and we only have 4 more months on the contract.  But I want to get her out before contract expires because I can't deal with her anymore.  8 months is enough.  She definitely knows this process very well and play it like a pro.

Thanks.

Hi BP,

As I said in another post.  I have a tenant who is always paying super late for 8 months now already.  So I filled for eviction beginning of June for June (after giving her 3 days notice and all).  Court hearing was set for last week 6/24.  She didn't show.  The judge said I could come back on 7/2 which is today to get writ of possession and sheriff will come get her out on 7/6 (because 7/4 is a holiday).  

So this morning I came to court to get writ of possession but the lady at the office said the tenant appeals and she has until 7/8 to deposit 1 month of rent to court registry and that 1 month of rent will be applied to current month which is July and therefore she will get to stay until the end of July.  Now, if tenant pays the $1700 then that means she gets to stay for the whole month of July.  And for rent of June and eviction I will have to go to higher court which is downtown Houston (I am in Spring, TX) for a judgement.  Only if she does not pay the $1700 by the 8th then I can come back to court on the 9th to get that writ of possession.  

I understand people have the right to appeal and that's what she got the last 5 days, but don't understand why she gets until the 8th (which is another 5 days) to make the payment for current month and gets to stay?  Is there any ways to keep this at the local court where the judge is very landlord friendly, and avoid going to higher court which is downtown?  Is there a way to get her out legally and quickly without having to do the cash for keys?  I think she will be able to come up with the $1700 by the 8th and will stay and this will go on and on.  By now I just want to get her out as soon as I can.

Thanks.

@Natalie Schanne

Natalie. I really like the way you do it. I bought 2 rentals the last 2 years and didn't know about LLC and asset protection until I joined this site a couple weeks back. So I was thinking about creating then moving them to LLCs, but then thinking that might eat up to cash flow since I only have 2 rentals and there is annual fee for LLC?

Anyway, just like you it will be 3 houses for me (2 rentals) and a car.  A  million policy is enough.  Can I ask which insurance company do you buy it from?  And how does it work?  I have no idea how an umbrella policy works.  So you still have a regular policy, then have an umbrella policy?  Or just 1 policy called umbrella that will cover for all things under (in this case 1 primary, 2 rentals, and 1 car).  And the 1 million is for liability, right?

Thanks.

Anyone have any info on how will it go if she appeals?  Will the judge make me take her late payment and dismiss?  

in the article Brandon posted about how to evict he only said that if tenants won't show then landlords win by default.  But didn't talk about when tenants appeal so I don't know how the process will go in the case tenants appeal.  

@Jason Cacioppo I agree.  Which is why I went to court yesterday.  She didn't show and I was so happy thinking I will get her out by 7/6.  This morning she texted me saying she will file an appeal and pay this month rent to court registry so she can get another court date.  She obviously knows this process very well.  I told her I will see her in court.  Not sure how it will work out if she appeals but I am willing to take a chance.  Worse case is the judge won't kick het out.  If so, and if she doesn't pay July by 7/3 I will deliver notice to vacate and file for eviction again 3 days later.  No more late payment for her, not a single day.

@Stephen Willis  I didn't know about these online platforms.  this is my second year at this so still learning.  Will definitely check into that though. Thanks.

@Rachel Foster I didn't know about Tellus.  I will look into it.  

Court date was today at 1:00 pm.  She was still trying to scam me by calling me 7:30 am Saturday morning saying she smelled foul smell from attic (we had rodent issues back in March which I already paid a rodent company came taking care of it).  Good thing I called and rodent guy came and said he smelled and found nothing (I think she was trying to build a case if I didn't not act promptly when she said she smelled foul smell). Then in afternoon she texted me saying lots of trauma in ER so she could not step out to pay ( she is not an ER nurse or doctor!).  So I told her I would see her in court.  Went to court today and she didn't show.  Judge said 7/2 is the day I can come back to file for writ of possession.  Sheriff will come to remove her 3 days later.  So we are looking at 7/6 for her to be gone because 7/4 is a holiday.

@Gordon Starr I already told her that on Friday, that if she paid June rent along with all late fees and court filing fee on Saturday then I would withdraw eviction first thing on Monday morning.  She promised Saturday which didn't happen.  So I went to court today.  I am not putting up with her anymore even if tomorrow she has the money.  This is second time I filed for eviction on her already.  First time was in February which she did pay before court date so I withdrew it.  I now just want her out so we can move on.  

The way I see it, I can keep security deposit for back rent of June.  If she is gone by 7/6 then I will only lose the month of July, plus some fixings.   Just hope she won't cause damage to the house when she moves out.  I did waive late fee for her on the first 3 months that she was late so if she has any decency then hopefully she will go without breaking things.

@Trey Golston

Hi Trey,

Do you have experience with foreign investors? If yes, for foreign investors which structure gives best tax advantage: LLC, S Corp, C Corp?

Thanks.

@Tanya Rooney my thinking is exactly the same as you said.  I told her I want June payment tomorrow including late fee, if not I will go to court on Monday.  Only if she pays tomorrow then I will withdraw the eviction on Monday morning (because I am afraid if she has money to pay now and shows up in court with cash on Monday then the judge won't make her leave and I will waste my time going to court).  Then on top of that I want the last month rent in advance breaking/spreading/adding into rents of July, August, September.  She can pay 2 times each month (because the payment is now stacked and higher than normal) on the 3th and 20th, but has to be on time because I don't accept late payment anymore.  So if I don't get payment on the 3rd or 20th then eviction will come again. My agent will only draft the amendment tomorrow after I get the June payment.  if she won't pay on time from now on then eviction will come.  If she pays on time then I will wait until end of contract which is 4 more months and will NOT renew.  I don't mind the house sitting vacant for a few months, I rather get less money in the end and not having to deal with the stress of having someone like her. I also try to avoid any additional stress or anxiety.  Just not worth it at all. I'll be very patient and screen way more next time.

On a good note, I have a second rental where I have the perfect tenant everyone is looking for.  She has been paying not even on time, but always early, like 3-4 days early each month!  She takes really good care of the house and there is only her and her daughter so way less normal wear and tear.  Sometimes I think because God is so good and gives me a perfect tenant like her then I should not complain about the bad tenant who always pays late : )

Thanks for weighing in though, really appreciate it.  Have a good night.

@Nicholas Aiola 

Hi.  Do you have any clients who are foreign investors?  Or have any experience in providing tax consultations to foreign investors?

Thanks.