Investor · Clifton, TX · Member since 2016 · 69 posts · 14 votes
Need help with a unique situation. I bought a property from a tax deed auction on Tuesday and the next day I received a call from the police department asking if I was planning on evicting the current tenants. The original owners of the home past away and the caretaker has been living in the house. The water has been turned off and the meter pulled because they have not paid the bill. Three other "drug dealing" families may be living there as well.
The code enforcer for the town has let them know that it is illegal to live in a house without running water.
My question is, does this give me grounds to evict them sooner. There is no prior lease agreement. The officer said he would even go with me when I make my visit.
Any feedback would be appreciated.
Wholesaler, Rehabber and Landlord · San Antonio, TX · Member since 2014 · 2k+ posts · 2k+ votes
10y
It sounds like you need to go over there with the police and a contractor. Have the police for protection and the contractor to board up the house. Make sure that you get a builders risk insurance policy. Yes there are laws that protect tenants even if they are staying there illegally. In this case, if the police will help, get them out forcibly. They will probably move on if there is too much fuss to stay there.
Evicting them is the easy part. In Baltimore I would be losing sleep. I would become a future lead paint lawsuit target if it were an older house. I would worry the Feds would seize the house due to the drug dealing. I would be worried someone would file something against me for having tenants in a house unfit for habitation.
Look at the bright side. You are in Texas (not Baltimore) and life is good.
Investor · White Haven PA · Member since 2014 · 362 posts · 221 votes
10y
Many cities have laws that prevent people from living in houses unfit for human habitation. I had a similar situation in a property in Miami and didn't need to go through the eviction process. Code enforcement just told me to board up the house while there were not there since it was deemed uninhabitable.
Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
10y
Each area is going to have it's own rules. There may be multiple ways to get an occupant out; no legal lease or right to be in the property (wrongful detainer in MD), House is uninhabitable or other code enforcement, in MD a "writ of possession" is the process for obtaining possession after a tax sale foreclosure, etc.
Almost everywhere there will be some type of legal process you must follow. And as said you may have multiple options of which process you can use give the specific facts. Cash for keys is sometimes the fastest and easiest.
Wholesaler, Rehabber and Landlord · San Antonio, TX · Member since 2014 · 2k+ posts · 2k+ votes
10y
It sounds like you need to go over there with the police and a contractor. Have the police for protection and the contractor to board up the house. Make sure that you get a builders risk insurance policy. Yes there are laws that protect tenants even if they are staying there illegally. In this case, if the police will help, get them out forcibly. They will probably move on if there is too much fuss to stay there.
Canyon Lake, TX · Member since 2016 · 26 posts · 8 votes
10y
Rick Pozos- There is no contract, they have no legal right to be there at all. And most important, the water has been shut off. The state of Texas considers that a huge health issue and they can be evicted in 24 hours for just that. Steven Payne has been way too nice to these people, because DEA or even local police can confiscate the house if drugs are found there.
Investor · Clifton, TX · Member since 2016 · 69 posts · 14 votes
10y
@Candy Marshall I thought I had to wait the 20 days to get a writ of possession. How can I evict them sooner since they have the water turned off? Is there a certain action I can do?
Canyon Lake, TX · Member since 2016 · 26 posts · 8 votes
10y
The first thing you do is to contact the utility department for water and electric and get vertification of the turn off. Next is the department of health. You get a copy of the legal implications of having the water turned off in conjunction with the dates of water/electric being shut off. Next is code compliance, showing them the paperwork from water and health. I don't know if in your area, code compliance can contact the sheriff's department to have them evicted immediately. All of this rests on the dates of water being turned off. Do these people work, or just hang around doing drugs? If so, see if the city police would be willing to park in front of the house. If their "income" is cut off, they may get out of their a lot quicker. All of these things should give you immediate results.
Flipper/Rehabber · Austin, TX · Member since 2016 · 39 posts · 37 votes
10y
@Steven Payne The police called you and offered to help? That's like the golden ticket of evictions. Take them up on their offer before they change their mind!