All Forum Posts by: Jerel Ehlert

Sure.  Done these before.  Feel free to reach out to my office.  Let's talk about it.

Sounds like breach of warranties and contract.  If seller doesn't cure, hire a lawyer.  Municipality is probably right to hold all permitting until the account is cured.  Delay could be used in damages...assuming the Seller is not judgment proof.

Sounds like you are one of many heirs to the property and also sounds like there are some probate issues to clear up before a title company will close the transaction.  Probably someone who can dedicate the time to manage the property should take over.

Looks like you need to update your lease to bill back on a RUBS system or submeter water out to the tenant. It is unwise to pay for water when you don't have control over maintenance or have a ceiling.  You need to be able to evict or turn off water (for non-payment of water bill). But if you bill back, you must comply with all the requirements as a water company would.

Here, if there is standing water or there's a health/safety issue, you might qualify to turn off the water.  You would do well to get local counsel to give specific legal advice.

This entire thread is utterly ridiculous and I have treated it with just the proper amount of contempt.  So I thank you for attempts to be the tone police but decline your gracious invitation. 

Whether you or I consider internet a utility is entirely irrelevant. In Texas, the deciding factor is whether a JP or CCL judge will consider it a constructive eviction. And wrongful death is a foreseeable result from cutting internet.  Even more so for power and water when there's a medical need.

But like I posted before, and scumbag landlord who starts pulling this level bullsh--t should never be a landlord in the first place.  Just do a freaking eviction like the law allows.  All this ^^^ is just a power trip.

@Bruce Lynn

You obviously have a hardened position on this matter. Right or wrong, you will not be persuaded by anything I post so I will not get into a point-by-point slugfest.

Policy and statute in TEXAS is this: the SOLE remedy for non-payment of rent in a residential tenancy is found in the FED statutes.  If the tenant doesn't pay rent or violates the lease, evict them!  

Don't play games about it.  All these prior posts are getting some sort of power trip playing games with utilities and property seizure.  And yes, if you go into a house to seize property and get shot, that is your own damn (stupid) fault.

Self-help remedies are strictly prohibited.  Constructive eviction is strictly prohibited.  Shutting off utilities is a form of constructive eviction.  Property seizure is a good way to gamble with loosing your rental to pay a judgment.

Failure to comply with the eviction statutes will, at some point, cost you big time.  Not only that, state reps will take notice and pass laws to protect voters (and there are more tenant voters than landlord voters).  Scumbag landlord tactics are a great way to invite more regulation.

So....if you don't want more regulation, play nice - do an eviction.

Self-help eviction is strictly forbidden in Texas.  Period.

Cutting off any services, including internet, is a form of forcible eviction by landlord (i.e., self-help).

What part are you all not getting?

Your opinion on whether internet is a utility is irrelevant.  In fact, some medical devices require periodic internet access.  I do not advise messing with internet unless you want a personal injury or wrongful death suit.

DON'T BE A DICK.

Shutting off utilities, including internet, will get you in hot water so fast it will make your head spin.  Not only that, wait until the FCC crawls up your butt and sets up camp.  Texas statutes specifically DO NOT permit you to interrupt water or electric for any reason related to rent.  Sorry bud, you have to follow the same rules as utility providers in all respects.

See my comments above regarding the advisability of your other comments.  Punchline: your interpretation is legally wrong and morally stupid.

HOLD YOUR HORSES.

Texas homestead exemptions apply to personal property as well as real property.  At last check, that included up to $60K in personal, household items. 

YOU, Mr./Mrs. Landlord/Property Manager, DO NOT get to pick and choose what to take.  Ever.

Tenants DO HAVE the right to quiet enjoyment.  You may not just walk in whenever you want.

Texas has a CASTLE LAW.  Meaning a tenant can SHOOT YOU DEAD if you attempt to steal their property and never be prosecuted (well, maybe prosecuted but unlikely to be convicted).

Any landlord or property manager who tries to take a tenant's personal property for payment of rent or hold hostage a) is a bloody fool, b) too stupid to own/manage rental property, c) will likely be the reason the Texas legislature cracks down on that stupid law.

Don't be that guy.

Texas lawyer here.

Texas is a non-judicial deed of trust state.  Under STATE law, if your timing is perfect*, minimum is 41 days.  

However, foreclosure of a loan to a consumer must comply with CFPB requirements.  This includes a 4-month workout period with the borrower.  If you want to strip any potential IRS liens (this is federal and applies across the country), you will send the IRS a 30-day notice of foreclosure before sale.  Consumer foreclosure should expect 6- to 9-months from missed first payment to filing the trustee's deed.

If the lender is foreclosing on a non-consumer loan, don't get in a rush and skip steps if you want the sale to stick.  Count on at least 60-days, but more likely 90-days.  Texas only permits trustee sales on the first Tuesday of the month.

* timing is NEVER perfect, nor should you play with that number.