All Forum Posts by: Jerry D.

I thought that also but here in texas the chances of my judgment ever getting paid is slim. I am in an eviction right now and it will have taken almost 6 week to get fully complete I am anticipating. My thought is at least I would have some recourse. For example the guy that I am evicting now. I know he has guns and tvs and stuff. If I were to go in while he is gone and confiscate that stuff. A. He will know I am serious about getting my rent. B-if he still doesn't pay I at least have something to sell. C.-I can still take him to court to evict him while keeping his stuff if I am reading it right. Here is how I think it would go down. Person is late on rent. I give the 3 day notice. They still don't pay I file for judment. While waiting on Judgment court date I go and take their stuff. Court date comes they still have not paid. Get my judgment and eviction. 6 days Writ of excution constable moves them out. And at least I am holding something of value that I can sell. The other way which is the way it is going currently I am going to be out 6 weeks worth of rent, plus pay for whatever damages have incurred and all I will get is a judgment on a piece of paper that isn't worth anything. Just a thought. I would love to hear what others have to say.

Will do. It wasn't as scary as I thought but more of a pain. I have tried to work with this guy but he is not reasonable and didn't feel I had any other course to take. I will update thanks.

Land lords lein means you can go in and confiscate certain property to secure until they pay the rent. If they don't pay the rent you can then sell it to get your money. Here is a link. I thought it was interersting.
http://www.housing-rights.org/lien.html

I am in Texas and have this clause in my lease for non payment of rent. Has anyone ever performed one of these? If so how did it go?

I need to look at that. I thought if they broke the contract it was automatically mine. Thus security deposit. Another question I have is say the carpet needs to be replaced because of them but I find a tenant who is willing to live with the carpet the way it is. Can I get an estimate on replacing the carpet and charge them for that amount or do I need to go ahead and replace the carpet so I have a receipt for the transaction?

I am in Texas and have a question. I think I know the answer but am not completely sure. I had a tenant break their lease and move out 2 months early. I have a $1700 deposit on them. Basically my question is that I can count all repairs and lost rent until the security deposit is used up. After that I can then file a judgement for the rest? Correct? Also I want this to show up on their credit report and to other landlords. Would I have to get a judgment for that to work?

Update court took 3.5 hours. The guy actually showed up. I thought he would try to pull something. he forged a check one time and said it had been stolen and cashed. Judge asked did you pay the rent? He said no. Wanted to use the security deposit for the rent. Judge laughs and says doesn't work that way. I call the guy and tell him if he leaves by weekend I won't need to get a writ as long as house is in good shape we can go our seperate ways. He tries to explain to me that he had a 1800 dollar secruity when it was actually 1000. He then explains he can't be out by this weekend. I said well that is the best I can do and the guy hangs up the phone. Unbelievable this guy is so it looks like I have to get a writ in 6 days next tuesday. The constable will then show up and move him out. In my county in Texas the constable hires movers and they take their stuff to storage and they have to pay to get it out. I don't have to do anything but change the locks. Fun times. I have learned alot though.

Thanks that has been made clear to them but they don't seem to care.

Thanks guys anyone in Texas know if there is a minimum amount of people needed.

Update. Court Tomorrow. Idiot still has not left. After I win judgment I then have to wait 5 days to make sure they don't appeal. I then can file for a writ of execution. I live in Texas. My question is when the constable enforces the writ of possession do I have to have a certain number of people there to help me get their crap out of the house? Do I just put it on the street? I was hoping he would have moved out by now but no such luck. You can't fix stupid.