Investor · Dallas, TX · Member since 2016 · 12 posts · 0 votes
Hi all, I have a tenant that he is possibly not moving after 30 days of notice. The date is not there yet but I am pretty sure he won't move. He has been paying the rent on time. But since it's month to month lease now, I would like to replace the tenant. The tenant now is acting really strange. So, I wonder if he is not willing to move, what should I do? I live in Texas and can not find any UD eviction ways. Thanks for answer in advance.
Just had to evict someone that ended badly a week ago unfortunately. There are creative and cost efficient ways of evicting tenants which is a whole other topic. However, if an uncooperative tenant refuses to abide by the legal eviction notice, it will be in your best interest to consult with a Real Estate Attorney. They will guide you through what can be a very stressful mess. They will make sure you filed the eviction notice correctly (eg. 30 or 60 days, that it was properly served and when to legally start the count down of days to vacate.) I say that cause Calif has some very strict landlord laws itself. Each state varies but only the details may differ. If your tenant leaves by the legal date then no other action is needed but if not, make sure you do NOT accept rent for the new month after the 30 days is up otherwise you'll have to start the eviction process all over again. At that point if they haven't voluntarily vacated, your Attorney will file an "Unlawful Detainer". That will start the eviction process. Legal papers have to be filed with the courts which your attorney can handle. Your job as an investor is to market that unit and pre-rent it. Not sure about specifics in Texas but in Calif most of the tenants we've had to evict who made threats to NOT move, we've made them aware that this will get expensive for them if we are forced to take it to legal and they will incur all the legal fees. Which we've had to do unfortunately but most people hear that and cooperate. Make sure you document everything and you keep it all together in that resident's file. Most important! BE organized! Be Organized! Be Organized! Let me know if you have other questions!
if you did give proper notice, you should be able to file for holdover. The judge should immediately grant the forcible entry and detainee. This is normally much faster that eviction for unpaid rent.
Then you can immediately file a writ of possession and the constable will schedule a set-out with you. He give's the tenant notice and shows up with you. Bring a locksmith and moving crew, the Constable will stand there hand on pistol until everything is out in the curb.