All Forum Posts by: Jeri Norris

Hey all! Just wanted to give an update (and thank everyone AGAIN for all your advice). 

Tenant A (on lease) signed a paper he vacated and gave up possession of property. (That’s all, except name and date). He tried to get friend to open door, but sadly friend was douchy and ignored him for 1/2 an hour. 

I sent squatter A a certified (overnight) return receipt eviction Friday. He of course refused, but hey, I have the proof. 

I also sent Tenant B & Hubby (and squatter B) the certified eviction. Squatter refused to sign for it, but Tenant B stopped the mail truck 15 minutes latter to sign for it. (Her name was listed first, even though her and hubby moved out). 

The next day Tenant B (40ish) offered (my 20 year old nephew) to pay the one month of back rent and be his FRIEND for the night. 

No words. I don’t even know what to say to that. 

BUT... I filed today and have a court date for 5/9. 

The constable did not give them notice today (so they should do it tomorrow). *I actually took tomorrow off. Just so I could be at my parents to see the one tenant go ballistic.* Hope that doesn’t make me a bad person...

But I would really appreciate thoughts and prayers! Maybe (I know, not likely, but maybe...) this will motivate them to move out sooner than later. 

Thanks all!!!

Jeri

At this point, I just can’t wait. I know tenant A can not afford an eviction suit (security clearance and all that, Ft hood). Tenant B and her guests have started using the backyard as a toilet in front of all neighbors, even during daytime hours. (No fence, so very public!!)! They (parents and neighbors) called me and I told them to video and call police. Craziness. 

Tenant on lease B/Second unit is going to be a little more difficult... She is on SSI and thinks she can use that as a defense. She told me (on video) “So you’re going to have me served by a cop, right? I can beat the man”.

I spoke with the person on lease A and he is going to be here Saturday to help his guest move out of my place and into another “friends” place, return keys and sign that the unit is empty and vacated. In exchange for no eviction proceedings on his record. 

The advice to speak to my attorney again just led him to request a $1500 retainer for each unit. - I can’t afford that, I’m a single parent and student- BUT... I worked with Code Enforcement and they went even farther to help me. My duplex was not visited today, and I received contact info and copies of ALL leases. 

I appreciate all of the advice and want everyone to know that I’m not ignoring it. Your advice has actually kept me super busy and helped!

I cannot find an actual law, but a google search returns this phrase frequently... “Unless the eviction is for non-payment of rent or holding over beyond a lease’s expiration date, you will need a lawyer to appear to represent you”. (Buildium site, Nolo site, Avvo site and etc.). Posted 5/15/17. There’s more, but I’m on my cell. 

It is limited to Texas searches, but never cites a rule or section. It also never indicates if it means tenant or landlord- however you all know the rules, tenants come first- 

This was the reason for posting my discussion  

We have FEW TRUE real estate attorneys in Killeen, so mine can charge a lot for a question.

I posed the same ? On Avvo and paid my $39 for a 15 minute consult and answer. No reply. 

They offered a refund or to reach out to another TX attorney and I took the “reach out option”.

They refunded my money, said they would pay for 1 session when they could find an atty to answer this question, and then I reached out to you all. 

I have a FREE 15 minute Phone session tomorrow with a Houston lawyer JUST to answer this one question. I will update as soon as find an answer, section, rule or etc. 

Quick question, can anyone point me in the right direction for a 3 day vacate for both non payment and lease violations (that does not offer option to cure)? I’ll pay a reasonable fee, but these online forms feel sleazy, offer one option or the other for violation, and almost ALWAYS offer to let the tenant fix the situation. I truly just want them out! They’ve made my life hell for 3 months. They’ve made my parents (and their neighbors) lives hell for close to a year. 

I spoke with Code Enforcement and they are not condemning property, they are going to make it uninhabitable for broken windows, trash, high weeds, (a missing sewer cap?!?-Really?) and lack of running water. I was told that if I can bring that into compliance voluntarily, then once I fix/remedy these “outside violations” it would be habitable again. - Without a citation or violation on me as owner. - Also, yes, Judge Cooke does not take any BS! He did my evictions as a PM and he sides with those who are in the right! 

I have another question to ask as well, really a couple. Since most of you have a ton of experience for evictions for lease violations... I am going to list the most SEVERE/BLATANT violations per the signed lease (tenants on lease do not reside there, but come and go as they please so they will be included in the eviction). Should I list ALL of these on the 3 day notice and on the court filing paperwork, or should I keep it simple and just list one or two? I appreciate ALL advice and truly and thankful for all your assistance.

Clause 3. Limits on Use and Occupancy

The premises are to be used only as a private residence for Tenant(s) listed in Clause 1 of this Agreement, and the following minor children: (names withheld). Occupancy by gusts for more than fourteen days is prohibited without Landlord’s written consent and will be considered breach of this Agreement.

Tenant has allowed person not listed on lease (Name Withheld) to remain on property for more than 60 days.

Clause 9. Utilities

Tenant will pay all utility charges, except the following, which will be paid by Landlord:

N/A

Water has been turned off for more than 90 days.

Clause 11. Tenant’s Maintenance Responsibilities

Tenant will: (1) keep the premises clean, sanitary, and in good condition and, upon termination of the tenancy, return the premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear: (2) immediately notify Landlord of any defects or dangerous conditions in and about the premises of which Tenant becomes aware: and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenant’s guests or business invitees through misuse or neglect.

Tenants have been cited twice by City of Killeen Code enforcement (& have failed to comply) for:

Tampering with distribution system

Taking water unlawfully

Unsanitary living conditions

Clause 13. Violating Laws and Causing Disturbances

Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession, or sale of illegal drugs: (2) commit waste (severe property damage); or (3) create a nuisance by annoying, disturbing, inconveniencing, or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident.

Tenants have broken multiple windows, and have trash and debris scattered all over the property. Tenants are violating City Code of Ordinances by failing to comply with code enforcement violations.