All Forum Posts by: Joseph West

And this only gets weirder.  Today we filed for the eviction.  Court date is set for December 30th (damnit).  Was notified by tenant they removed their items from the HOUSE, but not from the property.  Tenant will not say when they will remove those items.

Tenant will also not surrender keys.  So, I assume the only thing I can do at this point is wait until the 30th? 

Also, can I show the property to potential renters in the meantime?  All the questions.  

In Houston, Texas and have a tenant who does not have a current lease, and agreed to move out due to not being able to pay rent (a full month late).  We never legally filed any eviction, but the tenant did move out 48 hours ago, but has left several things back in the property.  They have date of when they will be able to afford to hire a mover.  The tenant did surrender their keys to me also.  

Am I legally able to move the property to the street and notify the tenant?  When I stated that we may do this to the tenant so we could rent it promptly, I received an email in writing, "I understand."  We want to make sure we cover our *** for the future.  Thanks!

I've talked to my Lawyer, and he is getting back to me asap.  From the first conversation with him, I am ok regarding entering the property since I did him 2 hours before hand at a "reasonable" hour which was 9AM.  He DID reply and stated he was in another state, and all was ok with me entering.  That only worries me even more since he should know that he has left this stuff out to be seen so blatantly.  He's also given me permission to enter the property "anytime" for repairs via email communication. 

I'm not going to over react; I'm going to handle as my Lawyer instructs.  He mentioned one recourse was to notify him this his lease would be terminated, and give him X days to leave.  I think, under the circumstances, he will oblige; at least I hope so.  I'll keep everyone updated.  

Originally posted by @Account Closed:

Please let us know what your lawyer says. I'm sure the bp community would benefit greatly as this probably happens more often than we care to admit!

Will do Peter.  Great that we have this community to get different experiences from! 

I agree with what a lot of people are sayin here Yes. People do drugs. My instant worry becomes how openly it was out in the open; and the fact that there are 2 other women on the property who are single. There was multiple chairs around in the bedroom and it leads me to believe an all night binger was going on. Just speculation; but I instantly feel like I need to watch out for my property and other tenants. I'm of the belief that if someone will treat their body like this; why would they care about the property I've worked my life to have? I'll be notifying him of what I've found without photos, and giving him ample time to move out and find another place. I think this is a reasonable way to approach this and not involving he police. I will reach out to a lawyer today though.

Bob - Lease States:

14. ACCESS BY LANDLORD. Landlord and Landlord's agents shall have the right at all reasonable times, and by all reasonable means, without notice, during the term of this Texas Lease
Agreement and any renewal thereof to enter the Premises for the following purposes:

A. Inspect the Property for condition;
B. Make repairs;
C. Show the Property to prospective tenants, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents;
D. Exercise a contractual or statutory lien;
E. Leave written notice;
F. Seize nonexempt property after default.
Landlord may prominently display a “For Sale” or “For Lease” or similarly worded sign on the Property during the term of this Lease or any renewal period.

If Tenant fails to permit reasonable access under this Paragraph, Tenant will be in default.

Seems like I would be covered to enter at my own will at a reasonable hour..which I have done.  The idea of my property being seized has my stomach turning.  Thanks for your help guys.  

There was/is paraphernalia around (a mirror, rolled up dollar bills).  Honestly, I looked at it..and with as much residue around I assumed it was not, thinking, "this would be very wasteful assuming as expensive as I've seen it is in movies."  I took a few photos, and sent to a friend who is a 10 year sober recovering addict, and he confirmed it for me.  There also was a bottle of "butane gas" which is used for "whip its".  

No trouble with him before.  He is currently separated from his wife, and has one daughter who both I have met.  I did notice recently he was acting a bit erratic when I contacted him to come over to fix the leak when it started; but my mind was elsewhere obviously.  

Time line:

I texted him at 9:00AM that I would be entering the home to continue the repair.

Entered the home around 10:15AM. 

He has not contacted me back as of yet.  Am I legally able to contact the police, and evict him?  This is my first time dealing with this issue; and obviously I do not want him on the property any longer at this point.  

Thanks for all your help.

Just came into a duplex to fix a leak due to a moldy exhaust pipe for the AC. I did let the tenant know; and found a table with cocaine spread out. I'm in Texas. What are my options; or what CAN I do? I try my best to keep my properties family friendly and this is my first encounter with this.

great story.