Legal Question in Real Estate Law in Texas
Evicting for non-payment and expired lease
My wife and I have a home in south Texas that we have had a tenant in for 14 months. The problem we are facing is we live in the Dallas area. The lease that we had signed with the tenant has expired, it ended the end of April. The tenant has not paid rent since April and is refusing to move from the property. We are wanting to sell the home and she has refused to allow a realtor to show the property, she has also removed the for sale sign from the yard.
Can we start eviction process by mail, since we live so far away or do we need to be there in person ?
Do we have to go through the eviction process since there is no lease ?
Can we have utilities cut off ( the water is still in our name )with out the possibility of getting sued by the tenant ?
What options or avenues do we have to pursue.
1 Answer from Attorneys
Re: Evicting for non-payment and expired lease
There are no easy answers.
1. You must file and pursue eviction proceedings in court to effect a peaceful re-taking of your property. These are called Forcible Entry and Detainer actions, and are designed to get the back rent, any damages, and the tenant out by court order. With such an order a law enforcement officer will physically move the tenant out if necessary.
2. These cannot be done easily from long distance, as you will have to appear in court to present your case. A lawyer can do all the paperwork and filings for you, but at some point you will have to come.
3. Usually you can get your costs and expenses in addition to damages and rent.
4. Your tenant is called a "hold-over" tenant and is there under the same terms and conditions as in the old lease. Of course she owes rent with or without such a lease, and she is scamming you now.
5. You cannot shut the water off or lock her out without getting in trouble yourself. Follow the legal road. Although more cumbersome, it is inveitable.
Good luck.
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