Legal Question in Landlord & Tenant Law in Texas

2 months rent unpaid, going on third. how to collect?

My tenant has been pretty good for a year in paying on time. In sept. he was unable to pay and kept telling me he would do so soon. Same story in Oct. Its Nov. and he keeps telling me next week, etc. They were building a home, decided to back out, and continue renting. Trouble in selling the contract on the home.He is self-employed and claims problems getting paid himself. The mortgage payments are draining me. Other than that, they are good tenants.

If I evict him (still have 11 months left on new lease signed) I will incur expenses in advertising, cleaning, etc. not to mention the mortgage payment until new tenant is found. Home is large and rent on the high end, so not easy to find tenants in that range. Have asked for at least partial or 1 month payment as good faith effort, but none has been forthcoming, although he claims to be trying hard to get it. Wife and him both employed so I don't understand how they can't pay me, but can pay day to day expenses for last few months. I hesitate to evict because it seems I will lose out more by being the one to break/cancel the lease. Most requests for payment have been in writing and via phone conversations. Please help!


Asked on 11/03/03, 2:16 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: 2 months rent unpaid, going on third. how to collect?

The tenant will be responsible for rent until the property is re-let, any reletting charges and for any damages to the property. I don't see how letting them live there for free is better for you than getting them out but that is a decision you have to make. IF you proceed with eviction, at least somewhere down the road the prospects of a rent-paying tenant are better than they appear to be now. Send a notice to vacate. If they pay up IN FULL, you might consider letting them stay but I would insist on full payment. What you do is your decision, but you have every legal right to evict them - there is not defense to nonpayment of rent.

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Answered on 11/03/03, 10:09 am


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