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TexasAtty
TexasAtty,
Category: Landlord-Tenant
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I have a renter who owes me 900.00 and is leaving in the morning.

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I have a renter who owes me 900.00 and is leaving in the morning. She has a shed on the property that she paid for and has sold. Can I retain the shed until she pays me?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

No, unfortunately there is no provision in the law that allows you to retain property that has been sold to another in order to collect monies owed. This is what is known as "self help" and isn't allowed by law.

Dwayne B. :

If the shed has been "permanently attached" then you could file a lawsuit claiming that it is now a "fixture" on your property but if it is a portable shed that isn't likely to work and would be a waste of your time and money.

Customer:

This is on our property.

Dwayne B. :

It is not just a matter of being on your property it would have to be permanently attched to become a fixture.

Dwayne B. :

An example would be if there was a slab poured and the shed attached to the slab.

Dwayne B. :

In such a way that the slab would have to be destroyed or at least damaged to remove the shed.

Customer:

If she won't leave and is staying longer how do I get her out. She is taking her time moving/

Dwayne B. :

You will have to file an eviction proceeding through the courts there.

Dwayne B. :

Would you like for me to find the forms for you to use?

Customer:

Will I have to go to court to get her to pay the back rent? Or try to get her to sign a promisory note

Dwayne B. :

You can try and get her to sign the promissory note but to get the judgment you have to go to court.

Customer:

Anything else I can do to get her to pay the back rent?

Dwayne B. :

No, you have to get a judgment first and then you can try and garnish bank accounts, seize wages, etc.

Customer:

Do I have to give her an eviction notice in order to collect the money in the courts

Dwayne B. :

No, not if she leaves. You can sue for back rent. You would have to give her a proper eviction notice to force her to leave though.

Customer:

Thanks, XXXXX XXXXX answered my question

TexasAtty and 7 other Landlord-Tenant Specialists are ready to help you
You're very welcome and best wishes to you.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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