Landlord Question - Evictions

Yep, good for another 6 months.

Well it depends, sometimes leases hold up in court and they can place a judgment lien on the defendant until they pay you the backed rent

in other cases, if you go through formal eviction proceedings you may be able to have the sheriff remove the tenant for non-payment but you may not be able to recover the lost rents

that's why as part of your NOI on investment property each year it is always prudent (and obviously necessary) to account a 5% or so piece of your budget for vacancy or collection losses

:notalawyer: FWIW

Well usually allowing them two months is too long anway if you have any plans on collecting income from that unit...

If they failed to pay rent, all you have to do is post a notice that gives them 5 days to GTFO

If they don't, file an eviction suit and the courts will provide a notice to GTFO within 3 days

If they don't do that, the sheriff will kick 'em out and you can place new tenants in the unit

new tenants = rent

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There's always the concern of vandalism from evicted tenants

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that's what jail is for....and insurance

Can't get blood out of a turnip. Evictions that the court grants that I have seen, usually have 24-48 hour notices.

You're entitled to damages incurred by the tenant's breach (either the rent he owes you or the rent you missed out on by not being able to rent to someone else).

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You can sue for the back due rent but if you evict, you can't get the future rent that would have been due under the lease. Also, the eviction is a separate suit from the suit for unpaid rent. Unpaid rent is ususlly not worth chasing. Cost money to sue, and hard to collect. Evict him, get a better tenant.

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So I guess I cant roll any expenses I'd incur as the result of having to sue, into the lawsuit, no?

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So I guess I cant roll any expenses I'd incur as the result of having to sue, into the lawsuit, no?

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In Louisiana you'd have a privilege on the non-exempt contents of the premises (and those removed less than 15 days prior to his eviction).
Maybe there's something similar to that in Texas and you can have some executory process counterpart that lets you sell it quick

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Evictions that the court grants that I have seen, usually have 24-48 hour notices.
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The courts here require a 24-hour "move out" period, but the landlord can grant more time to the person being evicted. I usually give 48 hours. I've had a few instances where the renter bad mouthed me so badly in court, that I gave them only the mandatory 24 hours. If you evict, prepare for the renter to tell the judge what a bad landlord you are.

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That is determined by local law. You may very well have a thiry day period from the date of the eviction notice. If that is statutory, your lease cannot override it.