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I have a tenant who has not paid rent, damaging property,

Customer Question
I have a tenant...

I have a tenant who has not paid rent, damaging property, parking in other tenants parking spots and has attacked me personally two times. Today I got a certified letter saying I must not cut off his electricity or he will sue me. What can I do to offset his actions. He`s determined to not pay rent.

Lawyer's Assistant: Can you tell me what state this is in? And do you know who owns the lot?

The state is Texas and I own the lot. Richard cleveland

Lawyer's Assistant: Has any paperwork been filed?

Just the certified letter I received today

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He was only supposed to be there for two months. He still owes from last month.

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
1/12/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 11,259
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation. If this person is violating the terms of the lease, then they are engaging in a breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, meaning that you have the right to regain the premises from the tenant, but you first must begin eviction procedures for that to happen.

If this individual has been engaging in damaging property, parking in other tenant's spots, and has attacked you personally, you should send them a 30 day notice that they must leave the premises.

If they do not leave the premises after the 30 days, then you can bring a forcible detainer action court. You cannot physically remove them until the court issues an order in your favor, but it is enforceable the sheriff's office or the texas rangers on the date that the court says that the tenant must be moved out.

What other questions did you have for me today that I can help you out with:-)?

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