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All Forum Posts by: David DeLeon

David DeLeon has started 2 posts and replied 9 times.

Quote from @Chris Davidson:

@David DeLeon if you have a lease with them that will be what matters. If cash for keys doesn't work just go lawyer up and get the problem resolved. Sometimes a letter from a lawyer might take care of everything, but you might have to go the whole way.

Haven't seen the video, but tenant screening laws don't apply to non real estate professionals renting out their own house. Eviction laws are likely going to apply especially if you have a lease.

@Chris Davidson there's only a spoken agreement for rent month to month until February when he said he would be moved out. But that came and went and now he isn't paying... 

Quote from @Vlad B.:
Quote from @David DeLeon:
Quote from @Nathan Gesner:

I see two choices: 

1. You and the roommates move him out physically, whatever that looks like. This is not legal and could get you in trouble, but it may work depending on how it's done.

2. Hire an attorney.

If you want to play Landlord, you have to be prepared to deal with the bad.

Yeah I should talk to an attorney
Sounds like someone who has guts to lie to your face. Did you see the background of this tenant?

I had an eviction case and it turned out the guy was in chapter 13 bankruptcy. Check his records out. Know your audience, then attack.
Yeah he lies a lot. I didn't check his background because I've always been able to talk to the tenants or they would leave when I ask them to. The nerve of this guy is maddening. I'll do a records check though, I should have a long time ago
Quote from @Daniel K.:

I had a similar situation in my triplex, which I live in. And it sucks, it takes a toll on your mental health living with someone who is trying to take advantage of you. First and foremost, since you share a roof with him, it's important you remain courteous with him, as you don't want him to grow hostile with you since you share a space. In my situation, I ended up filing an eviction, and once he was served, we negotiated him leaving in exchange for forgiving the back rent (I never brought up giving him cash to leave). Don't start off offering him cash, if you give him an inch he'll drag you for a mile. It's a game of carrot-and-stick. I would tell him that you don't want to do this, but that you need to file for eviction since he's in breach of the verbal contract. Explain to him that he's gotta leave, either on his own, or by being dragged out by the sheriff. From there, you can work toward negotiating back rent forgiveness, and if you must, cash for keys.


 Thank you @Daniel K. for the advice! This carrot-on-a-stick thing is what I suspected he has been doing with the rent. First its something with the bank, then his new job didn't pay him yet and now its only his first week he was paid for so he still can't make rent. The BS just goes on and on. I'll make sure to try that order of action you mentioned.

I saw on a recent BP youtube video where David Greene mentions that many tenant laws do not apply when they are living in the landlord's main residence with them. I'm having trouble finding details through the internet and local law statutes regarding eviction of a non-paying tenant in this house hacking situation. Does anyone know more about this type of situation? Specifically in Texas?

Quote from @Rick Pozos:

Hey @David DeLeon we don't always like what we have to do, but we have to do it. If you want this punk out, you have to evict. I think asking is not working. Asking pretty please is not working. 3 Day notice to vacate is the first step to eviction. Now that he has that and it has been more than 3 days you can go to the JP court in your area(make sure you are at the right one, your responsibility) and pay to file the eviction.

Unfortunately he does have rights. You can choose to respect them OR you can go all gangsta and wait until he leaves for work and put all his stuff on the curb and change the locks and make it look like he never lived there. But I would not recommend that.

OR you could let him know that you are about to file the eviction. Let him know that it is going to cost you about $450 and take a few weeks. BUT you would rather have him out in a few days and you will give him the $450. They call it cash for keys.

Hmmm maybe that would work, I think I'll give it a try. Thanks @Rick Pozos! 

Quote from @Nathan Gesner:

I see two choices: 

1. You and the roommates move him out physically, whatever that looks like. This is not legal and could get you in trouble, but it may work depending on how it's done.

2. Hire an attorney.

If you want to play Landlord, you have to be prepared to deal with the bad.

Yeah I should talk to an attorney
Quote from @Jeremy H.:
Quote from @David DeLeon:

Lol.

Doesn't want to listen. Doesn't want to evict. Has no lease in place. 

Resort to beating his a** and throwing his stuff to the curb. Old fashioned way. That'll do it. 


 No I won't be doing that. What I meant is that I've already been reading up on the local laws and I'm reaching out to this community to gain more insight. Not to get dismissive answers

Quote from @Theresa Harris:

You need to educate yourself and your tenant.  Look up the local laws and find out the rules. 


 Great. Thanks for nothing. 

I'm currently living in Texas in a 4 bdr house as the only leaseholder. I'm renting out the other rooms while I save up. But one of the tenants I brought in is not paying his share of bills. I've told him to leave, given the 3-day notice and he keeps bringing up renter rights like he's immune from any consequence. I don't want to go through the eviction process. What are my other options?

Edit: I forgot to mention my landlord is alright with me subletting and knows I'm having issues with this tenant. And its only an oral month to month agreement with this problem tenant.