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Yolanda
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| Joined: | Wed Mar 1st, 2006 |
| Location: | Texas USA |
| Posts: | 293 |
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Posted: Wed Jun 11th, 2008 09:07 pm |
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| Great that they finally moved out. Make sure you take pictures before clean-up and repair. Good luck to you!
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trey73
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| Joined: | Fri Sep 21st, 2007 |
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| Posts: | 8 |
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Posted: Wed Jun 11th, 2008 01:39 am |
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They moved out over the weekend, but left a huge mound of trash, stole some plants, broke a window (probably forgot the keys on a moving trip), and shot up the fence with paint balls. The water heater started leaking in the last week and they wouldn't let the plumber in to fix it, though I made an appointment. Hopefully we can get things fixed quickly.
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Yolanda
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| Joined: | Wed Mar 1st, 2006 |
| Location: | Texas USA |
| Posts: | 293 |
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Posted: Thu Jun 5th, 2008 02:58 pm |
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I do not call the utility company until after the tenant has officially moved out. You are correct. It does take 2 days to legally put the electricity in your name, but they do not turn off the electricity or water. You have no obligation to pay their electric unless it is a mutual agreement or stated in the lease agreement. Call your designated electric company about this. I have never had any problems. It appears you are still accepting e-mails rather than written correspondence. They have not moved out as of May 31st, and have notified your realtor not until June 10th. Have you sent them any type of notice to be out by May 31st, 2008, by certified mail, rrr? Even though it is not mandatory in certain situations, courts like certified mails. The LL has done what he needs to do and the tenant has received notice. If the tenant chooses not to pick up the mail at the post office or sign receipt, the LL has documentation that he in good faith notified the tenant with his receipted copy from the post office. Regarding subletting, in Texas, subletting is against state statutes unless mutually agreed. Read Texas state statutes and local law as they have changed in the last year.
I am selling my townhouses in Texas, and it is definitely, a slow market. They are all occupied with good income, but I have received no offers...and it is in a good neighborhood at a reasonable price! It is my suggestion you need to decide whether you want to continue leasing the unit or keep it vacant until it sells in this slow market. You can put it on the market now if you choose to lease it. A good idea would be to lease it from month to month so you only need to give the tenants 30 day notice to vacate. If you are concerned because you have to update, you can offer an allowance at closing. According to Texas market, a house that is vacate takes twice as long to sell. Perhaps you can do research and decide what your options are. Good luck to you!
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trey73
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| Joined: | Fri Sep 21st, 2007 |
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| Posts: | 8 |
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Posted: Mon Jun 2nd, 2008 01:41 am |
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On a side note, when we were renting a place a couple of years ago, we sublet the house (with the landlord's approval), but they threatened to sue us if the sublessee did not move out on time and negatively affected their ability to sell the property. Is this a legitimate cause for legal action or were they pulling things out of thin air? I'm wondering because we are in a similar situation where the real estate market may cool down at the end of summer and we need every day we can get to have the house ready and on the market.
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trey73
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| Joined: | Fri Sep 21st, 2007 |
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Posted: Sun Jun 1st, 2008 11:48 pm |
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They told our realtor Friday May 30 that they will not be out until June 10. We had agreed via email conversation that the lease will terminate on May 31 and they said they would be out by then (when we didn't reply in an hour or so they even sent a second email asking if we got the first where they stated they were leaving). We contacted our eviction specialist to deliver a notice to vacate which was delivered on Saturday, May 31. When we were expecting them to be out we set up electircal service in our name to be hooked up on June 2 (becuase it takes a few days in Texas due to deregulation). Now they will possibly be in the house using the electric under our name which I know they will use to the fullest extent without paying us.
Texas property code states that we (the landlord) cannot interrupt electrical service if it's in the tenant's name unless it's for repairs, but does anyone know how it pertains if it's in our name?
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Yolanda
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| Joined: | Wed Mar 1st, 2006 |
| Location: | Texas USA |
| Posts: | 293 |
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Posted: Wed May 21st, 2008 10:16 am |
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| I inherited a very confrontational and hostile tenant like the one you are describing. They can make your life very stressful. I would send them a letter by certified mail, return receipt requested, with a copy mailed by regular mail and one posted to the door stating they must move out by May 31. Read the lease agreement and state statutes to quote in your letter. If the pictures prove they have damaged the house or there are any other damages, state in your letter they will be responsible for any charges incurred and will be deducted from their security deposit. Only state facts. Do not be judgmental as this will escalate the hostility. I would not answer e-mails anymore, but would keep copies since you accepted their notice in that manner. I highly recommend you put everything in writing and send by cm, rrr. This will serve as documentation if you need to pursue it legally. If they choose not to pick up the letter at the post office, your copy will serve as proof. I also would not answer phone calls to avoid arguments. Request a walk-through upon move out, fill out a checklist, and take pictures of any and all damages. If they have not paid rent, you can send them a 5 day notice to pay or quit. If they do not pay, you can start eviction proceedings in JP court. Act immediately as time is of the essence. Good luck to you! Keep us posted!
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trey73
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| Joined: | Fri Sep 21st, 2007 |
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Posted: Tue May 20th, 2008 12:53 am |
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We have a tenant that has been a severe drain on us. They have asked to get out of the lease and we've agreed. They stated in an email that they will be out by May 31, but they have a history of delaying and manipulating the situation to their advantage.
We received a call last night from a neighbor that the tenant's son was shooting paintballs and throwing rocks over the fence into the adjacent yard. They are sending us pictures. The neighbor also told us that the back side of our house and windows were covered with this paint. We called the tenant to tell them to immediately cease this bahavior and they became hostile. They emailed us telling us not to call them again. We responded to this email that their actions were completely out of line and we have the right to protect our property. They responded that they would file a restraining order against us. We replied and they said they were filing tomorrow.
We're skeptical that they will actually leave when they say. Should we file an unconditional quit to ensure they will leave?
Also, we're going to put the house up for sale so having them out at the end of this month is important to having it on the market.
Thanks.
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