Tips for filing against a tenant in small claims court (Houston)
Short Version:
My wife is helping her father manage a rental property in Houston and we need some tips for filing the paperwork in small claims court for damages and unpaid rent. We didn't have to actually go through an eviction because she agreed to move out and clean the house if we would let her make payments for the back rent. We were in contact with her all the way up until an hour before we were supposed to meet her for a final walk through but when the appointment time came she never showed and cut off all communication and on top of that left the house completely trashed and with a bunch of belongings still in it. Any tips you guys have about this process would be greatly appreciated.
Long Version:
The tenant had been leasing the property for almost 2 years without any real issues until November. She usually paid on time and every time we went to the property to check it or repair something everything looked clean and well kept for the most part. We did however have a few suspicions that everything wasn't as it seemed. She told us she was raising her 3 grandchildren for her daughter and usually she was there in person to meet with us but on some occasions we would meet with the "Baby Sitter" instead and we always thought that the "Baby Sitter" was actually the daughter and that she was the one actually living in the house but we couldn't prove it. My wife and I live over an hour from the house so popping in wasn't very convenient and my father in law was not usually interested in checking on it so as long as rent was paid on time and the house kept clean we kind of let it slide.
Then in November she was really late on the rent and it took almost until the end of November to catch up but she did. Also we were there in November and we found a dog (a pit bull no less) and she hadn't informed us or paid the pet deposit and we found evidence of an adult male living there but otherwise the house was still clean. She told us the man was just visiting and she paid the pet deposit for our trouble and agreed to remove the dog since we don't allow pit bulls. Then she missed December rent and told us that she could pay a little each week until she caught up but by the second week she had missed that payment as well. She told us she was really having a hard time keeping up with the weekly payments especially since she really wanted to have a nice Christmas for the kids. We should have evicted her then but we let is slide because she had been a good tenant up until November. When January rolled around she still owed most of December and now January as well. She agreed that the best thing to do would be to move out and we told her that if she moved out by the 1st of February and really cleaned the house we would work with her on the back rent she owed.
On the 1st we were scheduled to meet her at 10:00am and do a walk through and have her sign some paperwork stating the condition the house was left in and the back rent she owed. At 9:00 she rescheduled to 11:00am but otherwise we assumed everything was OK and this would go somewhat smoothly. We arrived at 11:00 and found the front door wide open and the house completely trashed. There was still a lot of their belongings in the house. Most of the walls are really stained with dirt and marked all over with crayons and markers. The carpets weren't great and needed to be replaced but they are now covered in dog poop and paint and marker as well. The garage and backyard are full of dog poop and damaged by the dog chewing on the walls and siding. The kitchen and bathroom cabinets look as bad as the walls do and the stove is missing both of the racks and the bottom drawer. Overall the house is a complete mess and it really looked pretty good in November.
Almost all of our communications with her are through text so we have proof she agreed to move out on the 1st and since she stopped taking our calls or returning our texts we immediately changed the locks and let her know by text that she could arrange to come get the rest of her stuff anytime during the next 30 days. We haven't had anymore communication from her so now we are filing against her in small claims court so if you guys have any advice or suggestions we would greatly appreciate it.
Matt