Seeking advice - potential eviction

[Cristin Andrews]

I have renters that have been a great for 1 1/2 years. They took good care of the property and always paid rent a few days early. A few weeks ago, he told me his wife left him and took their child and now he would like to end his lease early as he said the place is too big for just him (4 bedroom house) and it now has sad memories. He offered to pay extra rent and give long notice for us to come to an arrangement. I agreed to let him move out with 90 days notice as it’s actually better for me to rent the place out in summer vs fall due to school enrollment and that I wouldn’t charge him for the remainder of the lease or additional rent but would keep the security deposit. He agreed. I went and did a walkthrough with my handyman and there is some damage that I advised him needs to be repaired (French doors to be replaced and repainting of rooms he painted black without permission) He agreed to do the repairs.  The repairs will exceed the cost of the security deposit even if he wasn’t already losing that for leaving early. A few days after the walkthrough he asked me if I would reconsider giving him his security deposit back or let him use it for his last month of rent. I explained it was there to help offset costs when unexpected things like this happened and I was advised not to return it but if he wanted to continue his lease to term that was ok as well and for him to let me know what he decided. He politely said ok and wished me a nice day. I sent my handyman over the following day to make some minor repairs from the walkthrough and that all went well. The following week he missed his rent payment for the first time ever (he was qualified independently for the rent and the wife was stay at home mom so that should not be a factor) I waited until the 4th and sent him a text that I hadn’t yet received rent and per his lease there would be a 50 dollar late charge on the 5th if it still hadn’t been received and then a 20$ late charge per day after. As of today he still has not paid the rent or responded to my message. I only have two properties and have never had to deal with non payment before. What should my next move be?

[Mitch Messer]

@Cristin Andrews The very next step is to engage an experienced local attorney who handles evictions and immediately begin the eviction process.

I urge you NOT to delay. 

You'll likely start with a demand letter to the tenant, letting them know exactly how much they owe and instructing them to either pay or move out.

Ask other landlords or your local real estate investors association (REIA) for referrals to find a great attorney who will help you through the exact process.

Fortunately, Texas is relatively fast in evictions. But, YOU have to start!

Good luck!