All Forum Posts by: Wayne Smith

@Mindy Jensen

Where did you take a mold class?  I would be interested in learning more about it.  

Update

I went to court this morning, tenants didn't dispute the eviction.  Judge gave them until May 27th to get out.   Thanks for the advice from everyone!  I have already received lots of tips on how to better screen tenants from BP!

I have been told if the heat is life threatening then it is an emergency to fix the ac.  My lease states "In most cases, an a/c repair is not considered an emergency."  I actually went to court with this tenant and she brought up the fact that I did not fix the a/c in a timely manner.  My response was that she did not provide me with written notice about the a/c repair and she owed me rent, and according to the lease (which was written up by her real estate agent), I didn't have to repair it until she paid rent.  Judge looked at my lease and told her I wasn't responsible to fix a/c until.

@Joseph West

As others have said, make sure you had good reason to be there, and proper notice was given.  Also be ready and willing to go the distance if you start to evict, or things could get bad real fast. 

@Joseph West

I had a similar situation when I entered a property to repair the a/c.  This was my 4th attempt to gain access to the unit with a repairman, and the tenant again didn't show up.  I gained access to the property and I saw drugs laying openly on a table in one bedroom along with small baggies.  It was apparent they were dealing drugs.   The repair man made a quick fix and left, and I locked the place up and left.  I immediately drove to the DPS office (which is only 1/2 mile away) and spoke with an officer and explained what I had found.  He contacted the District attorney, and again explained what I had found.  They told me since I had left the property, there was nothing they could do.  If I had called them immediately, they would have come over and I could have invited them in and they could have searched the place.  I informed them I had to go back to check that the a/c was cooling, so they sent an  officer from the sheriff's office and  officer from the DPS office with me.  I opened the door and invited them in.  They  searched the property, made the seizure, and I provided all the information to them about the tenants living there.  I then called the tenant and told her I had repaired her a/c.  She got angry and started threatening to have her attorney sue me, etc.  When I told her that the cops had been there and confiscated her property, and if she would like to return to get the rest of her stuff, the police would be happy to speak to her, I never heard from her again.  She didn't have much stuff there, the cops thought she was dealing drugs and possibly prostituting out of the property.  My former business partner put her in the property, and I had nothing but headaches from her : changing locks every week, confrontational with me, complaining about neighbors, etc.  I was happy to get rid of her.   This happened in Baytown, just outside of Houston, and It was the Harris County DA I spoke with.

Not giving legal advice, but hoping my past experience helps.

I was 35, and living in the first house I ever bought when life happened.  I got a divorce and got my girlfriend pregnant.  Rather than go to the bars and drink away my problems I decided to start remodeling the house.  After I was done I had to move into my parents and take care of my dad so I rented that house out.  Around the time I was finishing the remodel the neighbor asked if I would be interested in buying their house, which I did for a good price.  Since then, I have bought 18 properties on conventional loans, wrap arounds, and owner financed.  I sold some and currently have 11 with 1 for sale.   Best thing I have done.  I am looking to pay off everything I own in the next 2 years and retire early from my job and invest full time.

@Jake Recz

Thanks for your advice Jake, that is what I was thinking as well.

@Account Closed

Yes it does have that clause, unfortunately from what I have found out, in JP court (which is where you have to evict in Texas) you can only sue for the past due rent and court costs.  Anything else like late fees, damage etc is handled by a small claims case.

@Ian Ian

I got a really good deal on my third house I purchased and was rushed by the seller to close.  I didn't understand why until my agent told me that the seller was being sued by a previous tenant for not disclosing the Lead Based Paint Addendum.   I  closed on Friday and his court date was the following Monday.   I found out later that he lost the court case and lost all the remaining properties he owned.   I agree with the others you need to get it signed ASAP and don't let anyone else move in without signing first.  I make them initial next to the Lead Based Paint Addendum, just to make sure they did get a copy!

@Greg H.

I have a pretty solid lease I have changed over the last 12 years, I was before a judge outside Dallas and he stated I had a really good lease.   My lease states that he has to requests all repairs in writing, then I have 10 days to repair most issues.  I have been to court to evict before and I know my lease and my rights and know that I am right on this one, and he doesn't have a leg to stand on, I was just curious about doing the walk thru, but I think it may be best to wait until he is gone.  Thanks for the advice

@Rob Beland

Thanks for the advice and I will keep it updated.   They normally give the tenants 5 days to move out after court so hopefully he will be gone by the end of the month.

@Ralph Pena

Yes I have been educated on the eviction process the last few years, and since getting on BP, I have gotten a lot better screening process now and will be using it for the next tenant.  Thanks for the advice everyone

@Rob Beland

   He is late on rent in May and owes for part of last month.   He is on a month to month since the 1 year lease ran out in Jan 2015