First eviction. Texas

6 Replies

Well, I guess it was bound to happen.  2 1/2 years into our rental business, 10 houses, we were due for an eviction I guess. 

Tenant notifies us about 2 weeks ago that she is moving out October 1st.  Her lease is not up until November.    Her rent was due on September 13th.   We were out of town for the last few days so today I delivered to her personally a 3 day pay or quit notice.  I also mailed one.   She stated she had no intention of paying this months rent or next months and didnt care that she was breaking her lease.  She tried to claim that repairs have not been done.

  I have fixed every thing she ever reported, except about 10 days ago, she notified me the floor had buckled.  

When she reported it, I asked her how long ago it started and she said over a month. I was very busy on another house at the time, plus I work 15 hour days 3 or 4 days a week and we have been out of town since last Wednesday, so today was the first chance I have had to look at it.  Yeah, it's buckled, and pretty badly, but it's not endangering anyones health.   I will probably have the whole house levelled once she is gone.  She also threw out the old standby of mold, but never once has she said she had a mold issue. 

In fact, I have text message going back several months where on multiple occassions she stated there were no issues of any kind.  Once was when I notified her I was going to do some basic maintenance, furnace filters, smoke alarm batteries, etc.   I asked if there was anything else that needed attention and she stated "No".   She also sent a message once about how good we have been to her.

Monday morning I will be filing the papers at the local JP.   She said she already talked to him and that she will be moved out before the eviction will take place. I told her I would proceeed with the eviction and get a judgement and that that would stay on her record.   She didnt care at all.

I happen to know the owner of the aprtments that she is moving into, so I gave him a call and let him know I was filing eviction for non payment of rent.

She also owes me 270 bucks for plumbing repairs, after her son flushed a toy down the toilet that required me to replace it, after trying to auger out the lines for a couple of hours.  I will see if I can get that added to the judgement.

Any advice?  

If she is a pain in the *** and is leaving, why file for eviction? It's going to cost you time and money that could be better spent fixing the place up. The likelihood of collecting is slim.

You are out one month's rent and $270. I'm sure you would love to punish her for annoying you, but take it as a lesson on managing relationships and move on.

My main reason is as an aid to future landlords.   We have denied applications because of an eviction.   Wouldn't you want to know about it if she were applying for one of your units?


Do't expect to receive financial reimbursements from any judgement! Once you receive a "Judgement" you will have to file separately to collect. Remember the old parody about blood from a turnip. 

I filed the eviction today, the clerk at JP court was very helpful.  She told me to go to a website and verify that the tenant is not active duty military and to bring that form to court.   She scheduled the court date to be convenient for me.

I doubt the tenant will even show, she should be moved out by then, but once I get the eviction, I will go back to court for a judgement for 2 months rent and repairs, minus the deposit.

Cost to file today was $126.