Received Rent Payment right after filing eviction

[Robert Clement]

So after some back and forward trying to get part of Oct and November rents, we decided to evict them on Friday, and just after we filed the eviction we received the rent, but we still have not received late fees ($10/day).
Should we stop/dismiss the eviction?
How should we deal with the late fees?

Thank you

[Cody L.]

Originally posted by @Peter M.:

@Robert Clement see my post above and read Texas property code 92.019. There is no clock in Texas but it will depend on the JP that hears your case. Could go either way. If you win, and they don't move out, you have to go back to court and file for a writ of possession (which costs more money). If you want to keep them and they want to stay, tell them they need to pay back the filing fee as well as late fees. You can work out a payment plan if you want. This is the better route in my opinion because it stays out of court. If you do go to court and lose, they will stop paying and start looking for a new place. Now you are out 2 months rent, plus turnover costs, plus any extra time the unit stays vacant. Always better to avoid court if possible. My version of cash for keys is, "If you are out by xx day and the unit is left clean, I will drop the eviction suit and will not sue you in small claims court or report you to the credit agencies." That right there usually gets them out. Good luck

Peter is right -- and why I love Texas.  In Cali if someone stops paying, you might as well just deed them your house.

But Peter is right about something else.  Evictions are handled by JP court.  The best way to describe JP court is it's like that old show "People's court".  They sort of work by confines of the law but also have HUGE discretion.   I remember the one case I lost I was so mad.  I had all the evidence.  It was a slam dunk.  I raised my voice too many times and the bailiff threw me out. 

I was outside the court (on the sidewalk) on the phone about 30 min later.  The judge walks out (court was over).  I said "Hey, sorry about that.  I just got a bit upset...".  She said "No worries, I've heard much worse".   Oh, and then I had a parking ticket on my truck because I was in court too long.  I took a pic of the ticket, sent it to the tenant with a "  :( "  and she said "lol, add it to my tab".   GRRRRRRRRRRRRRRR.    looking back it's funny.  Wasn't funny then  :)