All Forum Posts by: Robert Melcher

The court will not award late fees, but you can still report and attempt collection for them after the judgement.  Most leases have provisions stating the tenant is responsible for costs associated with prosecuting a breach of lease, re-letting, and collections, as well as physical damages to the property.

Bring a copy of the lease, a current copy of their payment ledger, and a copy of the notice to quit that you posted inside their door or sent certified mail.  JP court rules may be relaxed a little, but it is still a rules-of-evidence process.  you will have to show these things to the judge and the tenant to verify this is what you agreed to.  You state your name, your relationship to the property, and your reason for filing suit (violation of lease/non-payment of rent).  That's your only reason for being there.  

Object to any statement about repairs, poor service, whatever.  It is irrelevant, they have to pay to expect anything, including repairs, and have to advise you in writing of a rent strike or other legal means for non-payment.  Tell the judge you want possession and back rent.  They calculate the rent on a daily basis up through judgement.

Different JPs do it differently, and this is not legal advice.  Don't be afraid to say you're nervous and unfamiliar with the process, but stick to your guns and DO NOT interrupt or talk over the judge.  His house, his rules.

decisions regarding repairs are the sole purview of the landlord excepting health and safety issues.  Learn to say 'no'.

I'm dealing with one now. the moment she said "attorney" I notified her in writing we would only communicate with her attorney and that we were waiting for her representation letter. Not a word for two months.

A property manger in Texas can only represent in court for unpaid rent and holdover. We accept rent without fees for the month it is late, but the fees must be paid with the next rent.

Whatever is received from the tenant is applied first to late fees and other obligations, then to rent.  That way, if they are still short, as a PM I can evict for unpaid rent, not late fees.

The money in a security deposit belongs to the tenants.

It transfers CUSTODY with the sale of the property but the new landlord is bound for accounting for the funds when each resident vacates. In my opinion, the deposits should transfer with the sale, but it is not the new owner's money, it is his responsiblity.

Does the lease have provisions for automatic (month-to-month) renewal? Most do, requiring formal written notice from either party to stop.  Even though the lease isn't "current", it may still be in force.

What does the lease say about abandoned property?  Ours states that anything left after surrender of the property (you have the keys) becomes property of the landlord for disposition however landlord sees fit.

PM me.

@Robert Gilstrap exactly.  I NEVER encourage an alternate channel with tenants.  Ever try to solve something when your kid says "but mom told me...."?  Our landlords can see every open maintenance request through their account portal, what's been paid, what's open and pending.

We also do mid-lease inspections and our contractors are schooled to look for issues when they visit for repairs. We have several sets of eyes to help, and if we get an HOA violation or neighbor calling (we give cards to every one) we schedule a visit. Where there's smoke....

Sigh.  I wish for those innocent days and that trust in humanity.

Once you start doing PM for others, that luxury is gone.  I am EXPECTED to be ruthless and enforce the lease as written, without exception.  How would you feel if I fell two or three months behind on your rent, trying to salvage a tenant?  Being a "softie'?

Its nice to hear people looking out for others, but unless you want to take them on to support, its not wise.