Texas Eviction for a New Purchase

7 Replies

Before I waste my time going down to the court to file...

We are purchasing a home next week from a worn out landlord.  It comes with an existing, problem, tenant who has not paid rent for a year. 

Can we file with the court for eviction immediately upon closing ?  Or do we have to give her 30 days notice first?  I know that, before filing with the court, we have to give her a pay or quit notice...

She either has no written lease at all - or a month to month lease.  I suspect that there is no written lease; I am going to find out in a few minutes.

Thanks,

Jim

Hi James,

I'm not sure of the Texas eviction laws, but sending a demand for rent is always a good start. At least when you get to court you can argue that there was an attempt to communicate and collect rent.

Since they are behind on their rent after closing you can give a 3 day notice of termination and then file for eviction 

I would gather information from the seller to back up the claim that they are behind.  I would want a signed and notarized statement from the seller stating that they are behind 

From the day you take over the rent is yours,, they would not have any prior debt,, to you,, and old owner would have no cause,, so you would give them a notice your new owner, where to pay rent, and that you are giving them notice to vacate in 1 month and notice would have to be given before the last day of the Oct for them to be out Nov 30th.. if they don't pay rent in Oct.. then you give pay or quit,,if still not payment then you can file for eviction action. 

down load  your state landlord tenant laws to find out proper procedure for your state. 


Ok...  So, here is the deal.  No written lease.  The "tenant" moved into the property in 2008.  She paid $300 per month for 3 or 4 months and has not paid since.  The current owner says that he has told her several times to leave but does not have the knowledge, energy, etc., to fight her legally.

Closing next week...  I think I am going to just give her a 3 day notice to move and then file with the JP court for eviction.  Sound OK @Greg H. ?

This is going to be an interesting ride.  We have always worked with upper middle class rentals.  This is a $10K sale of a home in an unincorporated rural community.  The "tenant" has a string of drug convictions, DWIs, etc...

I got the guts to go out and visit her this morning.  The occupants of the home were the female "tenant" and a pimp.  I caught them when neither was high, drunk, or hung over.  They were shocked and so scared that they were highly cooperative.  They would not let me into the house.  But, they showed me the fact that raw sewage was pumped to the outside (no septic.)  And how the roof was built with 2x4's as rafters and joists.  They told me that the ceiling in the bathroom at fallen in and that the sky was visible from the toilet.  And... and...  It really is not economically feasible to salvage the home.  The pimp told me that, at most, the property was worth $2000.   The trusted contractor who accompanied me discussed the situation with me for about an hour and we both came to the same conclusion.

As I pulled away, the tenant came over to me in tears and told me that she would love to work with me to purchase the home from me or rent it.  She told me that the present owner had given it to her in return for on-going prostitution services and that he had never transferred it officially to her name after he got mad at her.


The county will end up taking the home at some point for unpaid taxes.  But, I bet she stays in there quite a while.  I certainly will not be buying the home even if it means losing the earnest money.  (I have one possible out - non inspection related - as well as concern about squatters rights since it turns out that she has lived in the home for 30 years rent free...)

@James H.

30 years is quite a career ! 

Did her pimp use the income approach for his valuation ?

Sorry I had to say it

On the squatter's rights.  Being a tenant for 30 years does not give anyone ownership rights.  Any adverse possession claim would include the paying of property taxes as well

Obviously we have no idea of the terms of your deal but maybe you could wholesale it to the pimp for a few $$

He would not take it!  LOL!

Originally posted by @Greg H.:

@James H.

30 years is quite a career ! 

Did her pimp use the income approach for his valuation ?

Sorry I had to say it

On the squatter's rights.  Being a tenant for 30 years does not give anyone ownership rights.  Any adverse possession claim would include the paying of property taxes as well

Obviously we have no idea of the terms of your deal but maybe you could wholesale it to the pimp for a few $$

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