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Oh my! OK Have a Tenant who is delinquent 3 months, I have…

Oh my! OK Have...

Oh my! OK Have a Tenant who is delinquent 3 months, I have been working with them to get caught up but honestly it’s not going well. I have read the statures for eviction but live in Florida so not sure how best to proceed

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No-today is the last straw per se. notified them by text (our communication of choice) that we could no longer carry their debt last Wednesday and have had no reply

Lawyer's Assistant: Have you talked to an Oklahoma lawyer about this?

Texas

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

No I was surprised to get someone on line-was looking for reviews and prices

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Customer reply replied 4 months ago
I have been referred to several different pages-have no idea what’s going on
Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 4 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 2 hours by:
4/2/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,083
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Did you say you were in FL but the rental is in TX?

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Have you given them a written 3 day notice to pay or vacate?

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Are you asking what the process is to evict them?

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thanks

Barrister

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Customer reply replied 4 months ago
Would rather talk-internet spotty here. Yes property is in Texas and I’m in Florida, no have not sent the 3 day notice

The phone call offers are auto generated by the website, not me personally. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible in writing.

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However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..

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In Texas, if the landlord wants to evict a non-paying tenant, they must first give the tenant a three (3) day notice to vacate which has to be done by certified mail with return receipt requested or hand delivered to the tenant with a witness who could testify on your behalf that the tenant was personally given the notice. The other option is to have a sheriff or constable serve the 3 day notice.
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If the tenant fails to vacate the premises within the time allowed the landlord proceeds to filing the suit. In Texas, eviction suits must be filed in the county and precinct where the rental property is located. The landlord needs to complete the forcible detainer (eviction) FD form for Texas, which needs to be notarized either before the landlord gets to court or the Court Clerks can notarize it when they get there. When the landlord files the FD form, they will need a copy of the notice to vacate letter that they issued to the tenant.

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Filing the suit consists of filing a forcible detainer petition with the Court and paying the court cost, which changes so check with the courts before filing. The court costs pays for the filing of the suit, the court hearing and the Constable fees for serving the FD to the tenant.
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After all the legal filings the Court will issue a court date, the landlord must come to court ready to prove their case.
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If the landlord wins the suit in Court and the mandatory five (5) day appeal period is over and the tenant is still occupying the property then the landlord has to file a Writ of Possession. A writ of possession is a court order given to the Constable to remove all tenants and their property from the rental property. The Constables then posts a notice along with the writ of possession that all occupants of the rental property has 24 hours to vacate voluntarily or be physically evicted.
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The whole eviction process can take about 40 days from start to finish and I would opine that if you pay someone to do it, it would likely cost $200-400, not including filing fees, which vary from county to county, but are usually around $100.

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thanks

Barrister

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Customer reply replied 4 months ago
Website it is then. I have read the eviction instructions on the web, I am confused by 2 items. 1. I have to serve both husband and wife? Is that 2 letters or both addressed in one. 2. If they make a partial payment I have to start over? They can deposit directly into the bank so I’d have to change the account or the repayment/letter to evict could go on forever. I feel like some one has advised them how to appeal to our kinder nature and told them to wait for the 3 day notice to try to work it out further. They have been delinquent for 7 months-paid back for 2 months in 1 Payment to avoid eviction in February but only paid the equivalent of 1 month since. Currently they have not paid for April and promises to pay are delayed over and over w the excuse of his job being delayed etc. I feel they are deadbeats (of a sort) hubby disagrees-your thoughts
Customer reply replied 4 months ago
I can find only 1 company that does this process for me but no info (reviews/ratings/BBB) info on said company
Customer reply replied 4 months ago
In your experience does the 3 day notice cause tenants to pay? If they just leave Can I go after them for the back rent and what are the chances of that succeeding?

You address the notice to all tenants on the lease... and then if you think that there are others... list "And All Unknown Occupants"..

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2. If they make a partial payment I have to start over?

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You only have to accept full payment...not any partial... but if you do accept a partial, you have to start over with a new 3 day reflecting the correct amount...

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They can deposit directly into the bank so I’d have to change the account or the repayment/letter to evict could go on forever. I

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Nope, you just immediately notify them that you are rejecting their payment and then send it back to them... they can't force you to accept anything less than full payment.

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In your experience does the 3 day notice cause tenants to pay?

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Not if they are a couple months behind.

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If they just leave Can I go after them for the back rent and what are the chances of that succeeding?

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Yes, if you can find them... and if you sue for a judgment, TX doesn't allow wage garnishments so the only thing you can do is try to go after bank accounts.. and if they had any money, they probably would have just paid the rent..

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If you are in FL, you may have to hire a local TX attorney to assist in getting them out if you can't find a reputable property management company..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Well thank you for your confirmation of what I was thinking. Does your office offer referrals? We would like to use a management company for future renters-especially now. Some MC’s handle the eviction process also?

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

But yes, some MCs have attorneys on retainer or who will work for a reduced rate for them..

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Thank you very much for your advice and information, appreciate the help.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,083
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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