Newbie Landlord looking for options to get a problem tenant out

Newbie Landlord looking for options to get a problem tenant out

Rental Property Investor · Plano, TX · Member since 2015 · 80 posts · 14 votes

I have a few rental properties but I always inherited tenants and the ones I got have all worked out until I found this one and learnt a lot of lessons. This is in Fort Worth Texas. I have a half-duplex where I had to evict the tenants. Once I did, I listed the property and found a new tenant that I met and we signed the lease. I have the only copy. She gave me a sob story and asked not to run her credit and I believed her (mistake #1). She gave me a check for the deposit and first month's prorated rent (mistake #2, not asking for a cashiers check). I gave the tenant the house keys (mistake #3). As you can guess where this is going, the check then bounced and I got charged an extra fee. I contacted the tenant and got more stories. As a result, I did not send the tenant a copy of the lease. She was communicative and assured me she would pay as soon as her account was unfrozen by the bank and I believed her, hoping not to have to go through another eviction. Then, after about 10 days, I just asked her to either pay or move out since she hasnt paid a single cent to date. She replied saying she would move out on March 16th. I texted her again on March 15th and called and texted numerous times but no response. I went there last night and she was sitting by the front porch with no intention of ever moving out or paying. She knows the Tarrant county civil courts are closed due to COVID-19 so an eviction process is going to be a long drawn out process. I was hoping to see if there is another way to get her out of the house quicker or do I have to wait for courts to open and follow the regular eviction process? She has no paperwork other than text messages, bounced check and eviction notice I handed her yesterday. She has not made a single cent in payment and is living there practically for free. 

I know I made a lot of mistakes in this whole transaction but what can I do now to get her out? Just wait for the courts to open in April and then file for eviction? Since there has been no money exchange and no lease exchanged, is there a shorter route I can take? Any help or advice is greatly appreciated.

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Real Estate Broker · Temecula, CA · Member since 2014 · 992 posts · 782 votes
6y

I dont think there is anything you can do at this point since the courts are closed. 

No need to lecture you on should haves..  sorry about this, but you are going to have to wait it out and evict her once the courts open up.

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  • Real Estate Broker · Temecula, CA · Member since 2014 · 992 posts · 782 votes
    6y

    I dont think there is anything you can do at this point since the courts are closed. 

    No need to lecture you on should haves..  sorry about this, but you are going to have to wait it out and evict her once the courts open up.

  • Real Estate Agent · Los Angeles, CA · Member since 2018 · 2k+ posts · 1k+ votes
    6y

    This is a tough one because you really need to speak with an attorney.

    What some have done is a cash for keys situation.  However, once you start this process, it can open up another can of worms with negotiations.  

    Speak with an attorney and at least get the process started.

  • Cincinnati, OH · Member since 2020 · 4k+ posts · 3k+ votes
    6y

    @Lallu Tappu if there is not a countersigned lease, then she could be considered trespassing/squatting and therefore may be able to get her arrested instead of evicted.  Obviously, you provided keys and if you and she both signed lease, this likely will be viewed as an eviction case at this point.

    Beyond that, maybe offering to pay her to move will get her out.  Let her know you will reimburse her new security deposit or something along those lines when she moves.

  • Investor · Cleveland, OH · Member since 2017 · 319 posts · 330 votes
    6y

    I wonder if she could be charged with check fraud?

    An eviction lawyer is probably your best bet at this point.

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    6y
    At this time its likely that your only options are to offer cash for keys to get her out quickly. Or get a lawyer and figure out how to be in the best possible situation once courts reopen. You can still deliver notices to pay or quit and get the process started without courts being open (assuming your state has not halted evictions). If she never signed the lease copy you have, you are under month to month agreement, so you could also deliver 30 days notice to vacate. She is definitely not going to be considered a squatter as you have canceled rent checks (even though they bounced) and you gave them keys to the property.
  • Investor · Cleveland, OH · Member since 2017 · 319 posts · 330 votes
    6y

    Of course I'm sure you already understand this now.. but this is a shining example of why you should never ever believe someone's sob story - in fact, the second an explanation starts for why you shouldn't check someone's credit, that should be an instant rejection.

    Personally, I'd be tempted to tell her you're filing a complaint for check fraud tomorrow if she's still there... or just go make one. This is probably far from the first time this person has written a bogus check.

  • Rental Property Investor · Plano, TX · Member since 2015 · 80 posts · 14 votes
    6y

    Thank you all for the replies. Looks like 2 actionable items:

    1. Check fraud

    2. Cash for keys

    Also a real estate attorney maybe my best bet. Does anyone have a contact for a good RE Attorney?

  • Flipper/Rehabber · Arlington, TX · Member since 2014 · 78 posts · 58 votes
    6y

    I hate to hear this... Clearly you're a kind sole but remember, this is business. I'm with the others; cash for keys to stop the bleeding but nothing, until you have verified she is out. Then make sure you change the locks ASAP. 

    Let us know how it goes.

  • Rental Property Investor · Waco, TX · Member since 2017 · 28 posts · 21 votes
    6y

    @Lallu Tappu Call the police, immediately. Then, take off the front and rear door. (I’ve literally seen this in action and while it’s not necessarily illegal, it is however, extremely effective.) This is Texas and you can’t put up with that feces. Get yourself the best property manager you can find. Someone who will be your partner and get down to business. ( I’m trying to be nice in this post without sounding rude.) But, these kinds of people are bad for business. GYST

    Respectfully,

    Derek A. Smith

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    6y

    @Lallu Tappu

    I will give you the answer for Texas:

    1. Your one and only option is to evict the tenant....your only option

    2. The tenant is not trespassing as you gave them access. You cannot file for check fraud as they will only prosecute checks to a business(No an LLC does not qualify)

    3.  The police will not intervene.  This is a civil dispute 

    4. The government stopping evictions does not apply in your case.  If or when Tarrant county is open you can file.  Give the notice to vacate now

  • Rental Property Investor · Plano, TX · Member since 2015 · 80 posts · 14 votes
    6y

    @Greg H. Thank you for the pinpoint response! I will file for eviction ASAP.

  • Kyle MccawBusiness Member
    Property Manager · Keller, TX · Member since 2011 · 1k+ posts · 1k+ votes
    6y

    @Lallu Tappu Some of the advice I read here is very dangerous. Use eviction service or an attorney for the eviction. It sounds like you have learned some hard lessons that will certainly will apply going forward. 

    @Lallu Tappu

    McCaw Property Management4.4905 Reviews
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