Put a lean on renter - partial payment

4 Replies

So, I went through the eviction process and the judge put a $3000. lean on one of my tenants.  We had to put a writ of possession on the home (judge signed it) and we are waiting for the sheriff to call. My wife ran into her today.  The tenant said she can pay $900. on Monday.  I am still going to kick her out, but can I also take her $900 because she owes it?   

I cannot stress enough that you will get responses from people in other states with statements that do not apply in Texas.  

Absolutely and positively you CAN accept the money.  The judge has already granted you a judgement and more importantly possession of the property.  The tenants right to appeal has also passed if you have filed the Writ of Possession.  My guess is that the tenant believes this will stop the forced move and when push comes to shove they will not pay but you absolutely can accept the money and still enforce the writ

Originally posted by @Eddie Memphis :

Nope. 

She will think by paying you the eviction will go away. Make her pay the way the court decides otherwise it may mess up the decision. 

Have zero contact with her.

 As stated in my other post.  In Texas you are absolutely incorrect and any contact with her makes no difference at this point

Cool.  Thanks guys for the reply's.  I was planning on taking her money and kicking her to the curb.  If she wants to take me to court, so be it.  I love a good fight. Lol.