The Frustration every landlord will face eventually, at least once is tenants who don’t pay rent. Especially, during a Pandemic when you know many are out of work and are struggling to just get by. You were careful in screening and they have never been late before. What are you going to do?
So what are your options? Here’s how Corpus Christi landlords are dealing with tenants who don’t pay rent.
Of course, the best defense is a good offense – meaning that if you are careful about doing a background check on your tenants, and if you have a contract, then those things will help you. But here are your other options…
#1. Ignore the situation
You could ignore the situation and hope they pay. This is definitely not the best option but it is an option that many landlords take. You can just ignore it and hope they’ll pay on time next month and maybe even catch up. Frankly, it may not happen (it rarely does) but it could happen so we’re including it here as a possibility. When dealing with tenants who don’t pay rent, we don’t recommend this strategy because it opens the doors to the possibility that your tenant will take advantage of you. What’s that expression, ‘Give them an inch and they’ll take a mile.”
In the meantime, you still have to pay your mortgage. That’s not fair!
#2. Open a line of communication with your tenant
You could negotiate with them because maybe they just need a different payment schedule. Not everyone can pay easily each month; some renters can pay better by the week because it’s a smaller payment. Or maybe you can get them to do some work around the property in exchange for a discount on the rent. If you choose to negotiate with your tenant, make sure you get an agreement in writing that works for both of you, otherwise, you’ll just feel even more frustrated!
You can evict your tenant, although be aware that there are certain protocol that must be followed to win your eviction. The eviction in Texas is spelled out in Texas Property Code, Sec. 24.005
Here’s are the steps:
The process starts with a 3 day notice [ a notice to vacate] served to your tenant – with the reason for eviction. It’s important to fill these out completely and keep a copy for yourself.
After the 3 day time period you can present to your local Nueces County Justice of the Peace to file your paperwork and receive your day in court. This must be filed in the Justice Court precinct in which the property is located. If unsure call the county and ask.
You will be awarded a court date to appear before the judge, and a citation will be issued to your tenant asking them to appear before the Justice of the Peace on that same court date and time. Before your court date collect all your paperwork that you might need to present your case. A copy of their lease, a copy of the notice to vacate and any supporting documents you might have to present to the judge. Know your dates.
When appearing before the judge, dress appropriately, direct all comments directly to the judge- not opposing party, and be organized and prepared. Do not argue with the Justice.
The judge will make a decision on the judgement and each party receives a copy. If the tenant is found with a judgement against them, they can appeal (most never will) and have 5 days to either vacate the property or initiate their appeal.
If the tenant remains at the property on the 6th day you can then file a Writ of Possession and the sheriff will come to the house and oversee your tenants move out.
Another option is to sell. If this is just one of many frustrations you’re facing with your rental property then it could be your best option! Just imagine selling the property and getting on with your life – and not having to deal with tenants their annoying troubles any longer. Many landlords love the new-found freedom they get when they sell.
At HAPPY HEART HOMES we buy rental properties from landlords like you who are burned out, worn out, frustrated, and who just want to get their lives back. We will evict your tenant.