All Forum Posts by: Robert Melcher

ONEprop does have an office in Austin, or you can look here:

http://www.narpm.org/find/property-managers

new tool:

http://www.narpm.org/find/property-managers

a new tool:

http://www.narpm.org/find/property-managers

Google the local NARPM chapter.

Call me and I'll explain what we do during the "super easy" rest of the time.  We earn our pay. The rates are a bit high. And a good PM will keep your but out of court.

I'm so sorry the rental market across the US has had to deal with amateurs and buffoons that only do it for the steady check.  A real professional PM gives you value for your fees, preserves the value of your asset, and keeps your overal cost of ownership lower.  It's why we're PROFESSIONALS.

@Edita D. I've had one successful partial payback for rent, and have one other still being ignored for $4500 in damages and unpaid rent.  With a judgement in hand and the lease documents/account details, I just hand it over to a collections service (such as RentDebt) and they keep the debt alive.

The one that settled couldn't get a new place until the judgment cleared. The other was a fellow (hah!) Real Estate Agent and (it turns out) deadbeat.

These services do take a chunk when they collect. Maybe 40%.

here's the law:

Sec. 92.019. LATE PAYMENT OF RENT; FEES. (a) A landlord may not charge a tenant a late fee for failing to pay rent unless:

(1) notice of the fee is included in a written lease;

(2) the fee is a reasonable estimate of uncertain damages to the landlord that are incapable of precise calculation and result from late payment of rent; and

(3) the rent has remained unpaid one full day after the date the rent was originally due.

(b) A late fee under this section may include an initial fee and a daily fee for each day the rent continues to remain unpaid.

(c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee charged in violation of this section, and the tenant's reasonable attorney's fees.

(d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void.

(e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 3, eff. January 1, 2008.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1268 (H.B. 1109), Sec. 1, eff. June 19, 2009.

Start with the first day you CAN collect late fees. If rent is due the 1st, you have to wait one full day unpaid before you can charge. So late fees can start as early as the 3rd. First action is to post notice, so the first fee might be a bit higher because action is required to prep for eviction.  After that, maybe a smaller fee because you still have to monitor the situation on a daily basis.

@Andy D. exactly.  I do not, but it is clearly their responsibility in the lease.  I don't care if they use a string trimmer, paper shears, or a pro with a crew of 6. Its on them.

@Penny Clark got it right.

In Texas, we can get an immediate eviction for holdover....and holdover rent is 3 times regular rent in our lease.

The departing resident has put you in a position of failure regarding specific performance and you can be held financially responsible for the incoming tenant's expenses and trauma.

personally, I would thank them for being good tenants, promise a glowing referral, and give them notice. Unless you want to turnkey the property.  Selling with tenants in place limits the opportunities for the sale and you are not doing this as a social worker.  They may be disappointed,but they're not your kids.  You owed only good value for the rent they paid. Not loyalty.