All Forum Posts by: Ally Gao

Consider it a loss and tell them they have to move or you will start the eviction process. It isn't your problem if they can't find a place to live. Hire an eviction attorney, but talk to them first and tell them that you are starting the process-they may leave on their own (it would be the smart thing to do). 

If they are not paying ANY rent, and they've been having financial issues for a couple of years (unless is it due to medical bills), they've had plenty of time to get their act together or get assistance.  There are lots of organizations that help people, but those who need the help need to ask for it.

@Ally Gao each Justice of the Peace in Brazos County has unique filing requirements for evictions. Fortunately, all the Brazos County JPs have streamlined the process to make it straightforward. You can start here: Brazos County Justices of the Peace.

It's crucial to ensure that you have comprehensive evidence supporting your lease termination and eviction reasons. When your documentation is thorough and all procedures are correctly followed, you can typically achieve a favorable outcome in having the tenants removed.

I've done it many times with out the need for an attorney. 

 You got yourself in a jam by allowing them to get by without regular payment for so long. You will be unlikely to ever see what they owe you. At this point your primary goal is get them gone from the house. If they're nice, they will leave on their own since they know they owe a boatload of money. Most likely, these "nice" people will force you to go through an eviction, be bitter at you for evicting them and leave the place a royal mess with damages everywhere. But you need to get them gone. 

Hey Ally!

I just sent you a direct message with some more information. Although, I specifically wanted to answer the question on if you should start the process of evicting the tenants. Obviously, I am not an attorney, verify all of this information with an attorney to help with your specific situation. I sent you a good one in the DM. Evicting tenants take time and the timer starts when you start the eviction process, not when they are behind on rent. In other words, if you wait until the end of the month and realize they haven't moved out, you then have to start the eviction process which would make the time before they move out and a paying tenant moves in longer. The first step of the eviction process isn't anything that would affect their credit, or cost much, so I would do those steps now so that you can start the legal action immediately on the 1st of August if they haven't moved out. Here is a website that gives you the step by step instruction if needed https://guides.sll.texas.gov/landlord-tenant-law/eviction-pr... Step one is to provide written notice to vacate. If this were my property, I would provide that notice ASAP saying they need to be out by 7-31-24. This is more than the minimum required 3 day notice. Also, in order to cover all my basis, I would provide a second notice to vacate within a week of the end of July. I'm sure you will have a lot of questions throughout the process, so don't hesitate to reach out if you need anything.

Hey Ally,

Regarding your question about whether to pursue eviction or hire a collection agency, it depends on your priorities and the tenant's willingness to cooperate. Since their lease is ending soon, you may want to start with a demand letter for the owed rent. If they fail to respond or pay, you could then consider hiring a collection agency to recover the debt. Eviction typically involves court costs and attorney fees, so weighing these costs against the amount owed is important.

Ultimately, consulting with a local attorney will provide you with tailored advice based on Texas laws and your specific situation. They can guide you on the most cost-effective and efficient path forward to protect your interests and ensure compliance with legal requirements.

Feel free to reach out if you have any other questions. Hope you find an inexpensive solution

Hi Ty, 

Thank you so much for your advice! I really appreciate it. 

Ally

 Hi Ally,

I used Figure for that loan. I've used their fixed rate HELOCs on another property of mine and it went pretty smoothly. Funding was also very quick.

- Diane