How to evict in Houston... expired tenant and expired lease

Question

BP friends

My rental ppty is in Houston, TX ... lease expired 12/31/2020. The tenant requested to stay on due to Covid ... all the time not paying rent since 1/1/21.

Tenant passed away in February and the wife ( who’s name was never on the lease) continues to live in the house. Hasn’t paid a dime and refuses to leave. Her name was never on the lease and the lease was never renewed. So, technically she is trespassing, right??

I have gotten an attorney services engaged... to start the eviction but nothing can be done until court date. Court date has been postponed 2 times already and is now set for 4/7/21.

Question... I have is if the court doesn’t decide in my favor( for whatever mad reason) what is my recourse?? What can I do to get my house back? I have not been paid in 4 months and all this time is costing me and my family hardship.

Getting a forbearance on mortgage loan or EIDL is not a solution... why should I hurt my credit or get a loan and let this deadbeat live in my house???

Please advise.

Steve Cunningham · Answer

Sometimes "cash for keys" is the best and actually, cheapest way to get someone out. Explain the pox that will follow them by having an eviction on her record and that "no more legal suits will be brought against them" if they're out in a week or two. Often works well.

Lee Hampton · Answer

There is a CDC eviction moratorium thru June 30th, which the Texas Supreme Court has issued an order of support.    Additionally,  Harris County, which is where Houston is located has heavily leaned in favor of tenants during this pandemic.  I would not be surprised if your court date is delayed once again.    And even if court date is not delayed, all the tenant has to do is present a declaration to halt eviction due to Covid via a standard CDC form.   You should press your lawyer to understand if there is anything they can actually do before June 30th.   I hope you are paying your lawyer a fixed price for his/her services, not an hourly fee.    I'm on the ground in Houston w/ several rentals,  be wary of any advice you get that is not Texas / Harris County specific.    Good luck.

Sakib J. · Answer

@Lee Hampton

UPDATE!!! I won!! She is ordered to vacate by 4/15.

Lee: Your comments are not correct. The moratorium doesNOT apply to holdover case, that is what the judge said specifically.

Lee Hampton · Answer

@Sakib J.  Fort Bend and/or Harris County;  same comments apply.   You have what is referred to as a holdover tenant.  The eviction moratorium applies to holdover tenants as well.  Thus, the lease expiring on 12/31/2020 is irrelevant. The wife is not on lease argument is not likely to fly either, she now has authority over his estate and thus speaks for him.  Did rent or deposit come from an account with her name on it?  If so, you took her money, but now you say she has not rights.   See, It's a rabbit hole that may take longer to navigate and will be more expensive  than waiting for moratorium to expire on June 30th.  Your lawyer should know all of this.

Also, to Matthew's point, 2/3 of all loans are conventional.

Jerel Ehlert · Answer

Congrats.  Moratorium applies to evictions FOR UNPAID RENT.  It does not apply for lease violations or holdover.  If you are suing for possession only, it can still go through in Texas.  I can't tell you how other states are handling these.

Jim Cummings · Answer

@Sakib J. If you are working with an Attorney, they will know how to file for a Lien against the tenant. Pretty simple process and not expensive to do, but As I said earlier DO NOT have any expectations of collecting on the Judgement.

Probably the only way to collect anything on the Judgement is if tenant wants to establish credit on something and lender will require them to satisfy the judgement as a condition of getting the credit.

Sakib J. · Answer

@Matthew Jordan

House is on convention loan

Sakib J. · Answer

@Jim Cummings

How do I go about getting a judgement lien?

Hopefully not more cost out of my pocket??

Sakib J. · Answer

@Lee Hampton

House is in Ft Bend county.

Covid moratorium is valid IF there is a legit lease agreement; in my case the lease expired 12/31/2020; and the tenant never left and now passed away. Wife was never on the lease and there was no lease extension.

Matthew Jordan · Answer

@Sakib J. I'm not sure a lot of people know this but I just wanted to throw out there that eviction moratoriums only apply to federally insured mortgages (ie conventional) and not private mortgages.

How to evict in Houston... expired tenant and expired lease

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