All Forum Posts by: MK Wang

hello Chris, I didnt run into any roadblocks when I was evicting them because 1) it was a lease violation eviction not protected by the non-payment eviction moratorium 2) my property wasn't covered by the CARES act

Hey BP,

I am in the process of evicting my tenant for breaching the lease and the court has granted me the possession of my property.

My question is what do I after the eviction goes through. Do I keep the full security deposit and sue the tenant for the remaining months of rent on her lease (she’s not behind on her rent, but the lease still has 5 more months)

UPDATE: Eviction went through, will evict them on the 4th

Thanks Shiva, luckily I am in a landlord-friendly state (Texas). 

@Mary M.

Thanks Mary! Appreciate the input.

Originally posted by @Steve Smith:
You have some options.
First, if the original tenants are not there, anyone else occupying the property is trespassing, but how that will fly with local laws is iffy. Normally, you would not have to accept the rent from them and could have them arrested for trespass. Now, if the squatters (let's call them squatters) pay your tenant, and your tenant says their guests, the you most likely have to go with eviction, and can charge the tenant whatever is in your lease for this. (my lease is BRUTAL).




Thanks Steve, you are spot-on, tried to call police for trespassing and they didn't budge. And tried to talk to the squatters, they basically asked me to evict them and claiming they are "house-sitting" for their friend (original tenant), yeah right, house-sit for over a month. The lease I have with my tenant has the buyout clause which is a simple one-and-half month rent and you are off the hook, but obviously that didnt work. And also my lease says "any guest staying over 14 days must obtain landlord's written permission", they don't care either.

I feel you, already talked to the occupants but they seem to dead set to stay, left me no choice to play hardball.

That's a solid point, and they are not behind on rent. However, the issue here is I have no idea who is occupying my property and the people who moved in is not vetted which will create even more issues down the road.

Thanks, Andy, great advice! Adding to the post is that the reason she left is that she bought a new home and trying to avoid the one-and-half month early termination fee by sneaking in someone to pay the rent for her. 

Hey BP,

Here is my situation. My original tenant moved out without notifying me while the lease term still active and she moved someone into the unit without my permission. She gave me the bs that she's on some sort of work assignment and these people are just here to do "house-sitting". My lease with her clearly says any guest over 14 days needs the landlord's written permission and they have stayed there for almost a month, so they clearly violated the lease terms. We are going to evict everyone in the house and the original tenant.

Here is my question, since my tenant moved out without providing a forwarding address, how do I proceed with serving her the eviction paper?