House Hacking & Evicting Tenants from your main residence
I saw on a recent BP youtube video where David Greene mentions that many tenant laws do not apply when they are living in the landlord's main residence with them. I'm having trouble finding details through the internet and local law statutes regarding eviction of a non-paying tenant in this house hacking situation. Does anyone know more about this type of situation? Specifically in Texas?
@David DeLeon if you have a lease with them that will be what matters. If cash for keys doesn't work just go lawyer up and get the problem resolved. Sometimes a letter from a lawyer might take care of everything, but you might have to go the whole way.
Haven't seen the video, but tenant screening laws don't apply to non real estate professionals renting out their own house. Eviction laws are likely going to apply especially if you have a lease.
Quote from @Chris Davidson:
@David DeLeon if you have a lease with them that will be what matters. If cash for keys doesn't work just go lawyer up and get the problem resolved. Sometimes a letter from a lawyer might take care of everything, but you might have to go the whole way.
Haven't seen the video, but tenant screening laws don't apply to non real estate professionals renting out their own house. Eviction laws are likely going to apply especially if you have a lease.
@Chris Davidson there's only a spoken agreement for rent month to month until February when he said he would be moved out. But that came and went and now he isn't paying...
Quote from @David DeLeon:
Quote from @Chris Davidson:
@David DeLeon if you have a lease with them that will be what matters. If cash for keys doesn't work just go lawyer up and get the problem resolved. Sometimes a letter from a lawyer might take care of everything, but you might have to go the whole way.
Haven't seen the video, but tenant screening laws don't apply to non real estate professionals renting out their own house. Eviction laws are likely going to apply especially if you have a lease.
@Chris Davidson there's only a spoken agreement for rent month to month until February when he said he would be moved out. But that came and went and now he isn't paying...
That could make it easier for you or harder depending on your state/ city laws. I would see if he will move out for a couple hundred, and if not let him know you are going to evict him, and that will make it near impossible to get a place to rent again.
Whatever you do, start with a written notice. Below are TX rules. Sometimes that alone is enough of a reality check for people, but at least it begins your clock today.
In terms of owner-occ, like Chris said there's provisions that allow you to screen differently - eg. you can deny an applicant with children. Tenants still have a right to live somewhere and until you give notice, you can't make someone homeless at the drop of a hat.
Honestly, tenant evictions need to be handled carefully. If the letter of the law isn't followed and your tenant knows more about the law than you do, then they can play the system. I would honestly recommend getting an attorney involved. Perhaps a letter from an attorney will be enough to get out. If it's not, you'll know you have an attorney that can handle it should more be required. AND you'll know it's being done the right way.
And don't let this stop you from house hacking. It's a great investment strategy. Just make sure you have a written lease in place from the beginning, before anyone moves in.