Landlord Question and Answer Forum

I rented a house last month in Fort worth, TX. My rent was due on November 15th. I asked the Tenanat for the rent payment on November 15th night, he told me that he forgot the rent was due and will give me the rent next day. On November 16th tenant paid only 1/2 of the rent saying that he has to break the lease because he lost the job and he pormissed to pay the balance on November 17th. I called Tenanat on November 17th for the remainder payment and his wife picked up the phone (she is on the lease) and told me that we have the security deposit and 1/2 of the rent and she can not afford to pay the rent. As per lease agreement, late payment is 1% of the rent or $15/day. As per lease agreement they cannot break the lease under any circumstances. My question is, can I recover my rent for the rest of the year? What action I should take to recover the partail rent. They told me to contact my lawyer. Also when they moved in they purchase the washer and dryer and suppose to pay for them with the rent. They have not paid anything for it and used the washer and dryer whole month. I asked them to return the washer and dryder but they are not returning it.

Texas generally requires that the landlord make a good faith attempt to reduce damages by arranging to rent the apartment as quickly as possible to a new tenant. However, the tenant will be responsible for the time the apartment remains vacant during the remainder of the lease term. Also, check your lease for any "break clauses" or a requirement of the landlord to sublease.....these can prevent collecting for the balance of the lease term.

Posted by Donna , NC on Monday, November 21, 2011

I would contact the tenants employer for confirmation they lost their job. Then I would work with them to get them out of the property. I don't know the situation but if you think that they have no income then you will not get any more money from them so let them out of the lease and help them to move out. If you force their hand they can sit in the dwelling for months until the sheriffs remove them and you will not get money from them but you will spend money for courts fees and spend time in court. I would pay to get them to leave, hard to believe but its cheaper in the long run. I would tell them I'm sorry for their loss and offer them a deal that benefits us both. I will let them out of the lease explaining how much money this will save them, how it will keep their credit from getting bad which could affect them getting a new job also, I wouldn't have to get a judgement against them further ruining their credit. I would ask that they agree to move out at the soonest date possible, clean the property at move out and I would pay for the rental truck or similar and give them cash for moving expenses {$50?] but ONLY if they meet ALL the terms of the agreement and put it in writing telling them that it protects them as well and forces me to keep my word. Make sure to add that the wash/dryer stay at the unit. Sounds to me like you are being had...they buy their way in then squat on the property and live for free until forcibly evicted. Did you do a background check on them? credit report, job history, bank balances and previous months paychecks?

Posted by Tim J, VA on Sunday, January 8, 2012

I started the eviction procedure. Tenant did not show up so I got the judgement in my favor but he filed the Pauper's Affidavit. I did not contest the case. He did not deposit the rent money in the court as per law. Now Justice of peace move the case to Denton county. Even though I got the judgement in my favor, I still cannot get the writs of possion. It is really sad, how favors the bad tenants in this country. He has no intension of paying the rent, he is living for free. I have a hearing on Dec. 11th. I hired the attorney. So hopefully, if I get the judgement in my favor again, he is not able appeal anymore Can he appeal again?

Posted by VEENA S, TX on Monday, January 9, 2012

I finally got the writs of possession. Constable served 48 hr. notice to the tenant. I want to inspect my property before he leave the property so as per the lease agreement I posted a note on his door that management will come to inspect the property. I have washer and dryer, stove, bed and basket ball set in the house. I am affraid that he might damege the house and would take my stuff with him. In reply to my notice he posted the note on my door thay I cannot come to the property without the court order until his 48 hrs. are over or he would call the police and tell the police that I am harrasing him. I never called him or went on the property. I called the police and asked for their advise. They told me that he can call the police if he feels the threat or feel that he is being harrased. I asked police if they can be with me while I am inspecting the property but they told me that they don't escort. They told me to contact the constable.Constable office is closed. Tenant might damage my property and would leave without telling me. Is there any night court that opens on the weekend so I can get the court order to visit the property?

Posted by VEENA S, TX on Friday, January 27, 2012

I finally got the writs of possession. Constable served 48 hr. notice to the tenant. I want to inspect my property before he leave the property so as per the lease agreement I posted a note on his door that management will come to inspect the property. I have washer and dryer, stove, bed and basket ball set in the house. I am affraid that he might damege the house and would take my stuff with him. In reply to my notice he posted the note on my door thay I cannot come to the property without the court order until his 48 hrs. are over or he would call the police and tell the police that I am harrasing him. I never called him or went on the property. I called the police and asked for their advise. They told me that he can call the police if he feels the threat or feel that he is being harrased. I asked police if they can be with me while I am inspecting the property but they told me that they don't escort. They told me to contact the constable.Constable office is closed. Tenant might damage my property and would leave without telling me. Is there any night court that opens on the weekend so I can get the court order to visit the property?

Posted by VEENA S, TX on Friday, January 27, 2012

I finally got the writs of possession. Constable served 48 hr. notice to the tenant. I want to inspect my property before he leave the property so as per the lease agreement I posted a note on his door that management will come to inspect the property. I have washer and dryer, stove, bed and basket ball set in the house. I am affraid that he might damege the house and would take my stuff with him. In reply to my notice he posted the note on my door thay I cannot come to the property without the court order until his 48 hrs. are over or he would call the police and tell the police that I am harrasing him. I never called him or went on the property. I called the police and asked for their advise. They told me that he can call the police if he feels the threat or feel that he is being harrased. I asked police if they can be with me while I am inspecting the property but they told me that they don't escort. They told me to contact the constable.Constable office is closed. Tenant might damage my property and would leave without telling me. Is there any night court that opens on the weekend so I can get the court order to visit the property?

Posted by VEENA S, TX on Friday, January 27, 2012