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Posted over 9 years ago

The Do's and Dont's Of EVICTIONS

Obviously every state is different, and depending on their legal process this can be a polar opposite of how things may work in your area. I can tell you from experience that by not sticking to whatever policy you put in place you will be your own worse enemy. Early in my investing career my business partner and I thought we were the smartest people by advertising ‘Bad Credit OK’…We wanted to make the phone ring, and boy did it!! The problem was it rang by all the people we really didn't want to call us, people with bad credit.. SHOCKER!!! 

Well, because we were not sticking to our policy and procedures we would finally give in and rent to the guy that had not only the money in his hand to rent the place, but would accept the property in the pre-make ready condition (Trashed basically) and lucky for us, had all his stuff in the back of his car and could move in immediately.. We saved money on the make ready because if we gave him a break on his first month rent he would clean it up for us, and we had zero down time because we had money in hand and leased it right away! 

Well month 2 was a different story and then month 3 basically we were evicting them or they left. Of course with parting gifts like appliances and wiring etc… We had a 30% eviction rate and could not stop the cycle, until we realized that we had to create a structure with policies and procedures, and more importantly stick to them. I can proudly say that with owning and managing over 400 homes we have a less then 2% Eviction Rate. Below are some things that may be helpful to other people that are in the same cycle we were.

It is imperative to stick to your policy!

This is a typical timeline for an eviction in Houston:

1st of the month - Rent is now due

3rd of the month - Rent is now late

4th of the month - 3 day notice to pay or vacate is sent out

7th- 10th of month – eviction filed at courthouse

24th of month – court date, plaintiff wins for non-payment of rent

Tenant is given in general 5 days to vacate premises before ‘Writ of Possession’ Can be filed
  • 1st of month – Writ of Possession is ready to be filed
2nd of month – writ of possession is filed in court
5-7th of month (depending on how backed up the constable office is in serving WRITS)– tenant given 24 – 48 hours to vacate by constable 10th of month – tenant forcibly removed from property from constable, House is cleared by constable of anything of value and property is legally returned back to owner.

WE DO NOT take partial rent without still following through on the court filing and late fees assessed to tenant

WE DO NOTpostpone filing an eviction, even if a tenant tells you they are going to pay you on the 10th. We tell them that is great but you will have to pay court costs and late fees.

WE DO NOTaccept partial payments after the eviction is filed. If a tenant cannot afford your house get them out.

WE DO stick to our policy! We send the eviction letter on the 4th and file the eviction shortly thereafter. We put the pressure on the tenants to stick to the binding lease agreement they signed. Do not create stress in your life.

WE ALWAYS send them to the credit bureau for debt collection. Chances are you might not get the money owed but we do it on your behalf as part of our service and you may get some money one day.



Comments (4)

  1. Kyle, file for eviction today.  You will not see your money.  


    1. Kyle, you will want to check your local/state laws.  In some states, you won't be granted an eviction if you've accept partial rent.


  2. I accpted half a months rent with the promise of the other half In a few days. Well here we are the 20th and not a word. Shall I wait until the first of February to send Notice to Quit? Or wait until the 5th which rent would be late thereafter ?


  3. Steve I could not agree with your thoughts more! Tenants will use your emotions to play you like a fiddle if you let them. When they can not pay the rent a person will use every tactic to delay paying. Yes they may have small children and it may be the dead of winter but it is a business first and foremost. Failing to file timely will make you and your business look less than professional in the tenant's eye and leave them thinking you are able to be manipulated. Stick to your plan.