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All Forum Posts by: Sunil Kale

Sunil Kale has started 1 posts and replied 6 times.

Quote from @Mary Jo Carruthers:

@Sunil Kale

Did you get your realtor to draw up the lease? What kind of lease do you have in place? Greg Scott is on point. You can't evict someone for late payments but you could for hoa violations but only if its spelled out in the lease.

I would suggest that if the tenant is late on the rent for december then refuse the late payment and file the eviction. It seems that the tenant has been there for a year or close to a year, probably since you bought the house in November 2023. 

When is their lease expiring? It might be easiest to simply not renew the lease if its a 1 year lease. 

 Thanks for the response Mary -  Yes my realtor drafted the lease and the lease ends Feb 2025. I just read my lease and there is language that states that if the tenant fails to comply lease , we have the right to occupy the property. Tenant has been making consistent payments so far so that's not the issue. The issue is 11 month warranty repairs that I am unable to schedule because tenant is not responding. I researched some eviction attorneys and property management companies who offer 'problem tenant' services so most likely will reach out to them. The language in the lease 'looks' pretty solid as well, but will let the experts weigh in on that.   

Quote from @Greg Scott:
Quote from @Sunil Kale:

I have multiple grounds for eviction (many late payments, many HOA violations etc.)


Please get some education on how to manage a property or hire a property manager.  You also have misconceptions about how evictions work.

"Many late payments" is never grounds for eviction.  Failure to pay rent would be. 

HOA violations are only grounds for evictions if you your lease requires them to meet HOA regulations, you have properly notified them of the violation, and they have neglected to resolve the issue.


 Greg - thanks for the valuable advice, and yes , agreed I have a lot to learn. I jus read my lease and there is language that states that if the tenant fails to comply lease , we have the right to occupy the property. The property is in texas so I know the laws are more landlord friendly (compared to other states).

Quote from @Theresa Harris:

If you are out of state, who was going to do the inspection?  Have that person post the notice and as Nathan said, let the tenant know that you will be doing an inspection and the date and time.  


Hi Theresa - thanks for your response. Yes we did stick the notice on the door but inspection company said they cannot go without assurance that door will be opened. And I'll lose the inspection money in that case. So hiring a prop mgmt company or eviction lawyer for next steps. I have multiple grounds for eviction (many late payments, many HOA violations etc.)

Quote from @Nathan Gesner:

You are suffering from a common misunderstanding of the law. You must give notice before entering, but you do not require permission.

Any time I expect a response from someone, I include a deadline for their response and a consequence if they fail. Example:

I need to conduct a warranty inspection on the home this month. It will take approximately two hours, and I need access to every space, including the attic and crawl space. Your presence is welcome but not necessary. 

I have some flexibility with scheduling, but you must coordinate with me before November 5th. If I do not hear from you, the inspection will take place November 15, 2024, between 8-11am.

The Landlord

If she refuses entry, then you send another notice charging her for the costs incurred. You may consider terminating the lease depending on how much time remains, your skills, the legal system, and other factors.

Based on what you've said, I am concerned there's someone else occupying the home or something else is going on. One more reason why long-distance management is a bad idea.


 Thank you so much for the response Nathan - yes that's how I interpreted the law, but since I am out of state , I will be hiring a prop mgmt company or an eviction lawyer for next steps. To your point, my realtor did stick a notice on the door to contact me asap and the fact that we're scheduling inspection in the next few days but they never got back and inspection company said they cannot go if they don't have assurance of entry. Much appreciate your help with this.

Quote from @Greg Scott:

Most leases indicate the landlord can access the property with 24 hours notice.  We do that all the time for inspections or to make repairs.  If you missed the window for completing the repairs, that is on you. Your tenant should not have to pay for it.


 Thanks Greg - I am an out of state investor in east coast and property is in texas. I am self managing so that's the issue here. 

Bit of a tricky situation here - my tenant has been paying rent on time. She is the first tenant in my brand new SFH in Katy Tx that i purchased in Nov 2023. I reached out to her about a month ago via text messages and calls (which were not answered) to schedule 11 month warranty for my property. But there has been absolutely no response from the tenant. I had my realtor go to the property in person(no one was home) and she also stuck a written notice on the door which stated that the tenant needs to call me otherwise the deposit will not be returned. It's been 2 weeks and I still haven't heard back. A couple of days ago, both my realtor and I called her number to follow up and the lady says the number does not belong to my tenant i.e. she's a diff person. However, the tenant was responding to me via text messages from that number till May of this year

Any suggestions what I should do next ? Should I consider sending a breach of contract / eviction notice ? 

What rights do we have to ensure the 11 month warranty repairs that were missed, are paid for by the tenant ?

Thanks !