Dallas-Fort Worth Real Estate Investor Club

Eviction

  • 03 Feb 2020 5:14 PM
    Quote
    Message # 8716724
    Deleted user

    Long story short, I screwed up. I went against my gut and now I'm paying for it. The tenant obviously knows how to work the eviction system. Did not show to the first hearing but filed an appeal which kicked it to a higher court. Now the tenant has eight days to state her case in writing before I can do anything one way or another. 

    I am kicking myself on a regular basis, but does anyone have any words of hope at this point? The lease is up the end of April. Would it be less wear and tear on my nerves to just sit and wait? Assuming the court is going to rule in her favor. I know, that is heresy to the investor. Dollars flying out the windows and doors.

    I just need some insight into the various scenarios that can happen from this point.

    I did not go to Rick V because the property manager was supposed to take care of this for me. So much for that.

    I don't know why, but I have not been receiving the digests in quite a while, so I guess I'll have to check back here to read replies.

    Thanks, P Robertson

    aka mud

    Last modified: 03 Feb 2020 5:15 PM | Deleted user
  • 04 Feb 2020 8:01 AM
    Quote
    Reply # 8721080 on 8716724
    Tim Hamilton

    Keep going with the eviction process!  I don't know why you want to wait till April just to start over again?  I would call Richard Vegsund at Texas Eviction  and get him on it.  Yes it will cost money but well worth it because if you miss a step or do one thing wrong you have to start over.  Remember that good renters stay good renters most of the time and bad renters are always bad renters!  If your not using a property manager always pull credit and criminal reports, call current landlord and their past landlord and current employer. 

    Hope that helps, 

    Tim Hamilton

    Richard Vegund

    Cell 281 788-7888

    Office 713 701-1355

    Email rick@texaseviction.com
  • 04 Feb 2020 9:44 AM
    Quote
    Reply # 8722053 on 8716724
    Deleted user
    P Robertson wrote:

    Long story short, I screwed up. I went against my gut and now I'm paying for it. The tenant obviously knows how to work the eviction system. Did not show to the first hearing but filed an appeal which kicked it to a higher court. Now the tenant has eight days to state her case in writing before I can do anything one way or another. 

    I am kicking myself on a regular basis, but does anyone have any words of hope at this point? 


    OWNER FINANCE & AVOID THE GRIEF!
  • 04 Feb 2020 9:46 AM
    Quote
    Reply # 8722085 on 8716724
    Neil Aggarwal

    I have had good luck using SmartMove to screen tenants, you can push the cost of it to the potential tenant. You may want to add that to your process.

    As far as the eviction appeal, the tenant will lose if their only reason for the appeal is they can't afford the rent.

      Neil Aggarwal
      Property Financing, LLC

    Last modified: 04 Feb 2020 9:46 AM | Neil Aggarwal
  • 04 Feb 2020 9:49 AM
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    Reply # 8722115 on 8716724
    Deleted user

    Thank you Neil for a response that is helpful and pertinent to the facts I laid out. 
  • 04 Feb 2020 3:41 PM
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    Reply # 8726894 on 8716724
    Deleted user

    I see that I wasn't clear. I am kicking myself because _after_ doing my due diligence to screen this applicant, I rented to her anyway against my gut. 
  • 04 Feb 2020 9:40 PM
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    Reply # 8727813 on 8716724
    Robby Smith

    I have been representing myself at evictions for 30 years.  The lease is the main thing you will need.  I have also represented myself at the appeals court also.  If they appeal the first decision they must pay 1 months rent to the courts to perfect the appeal.  If they don’t the appeal is rejected then the case gets sent back to the lower court where the judges decision is upheld.  I had to teach the court I went to this lesson because they let the tenant appeal it without paying.  My question is wouldn’t all tenants apppeal so they could live their another month free.  That is why they have to pay their rent to the court to appeal 

    .  I am not an attorney and I am not giving legal advice just what my experience has been with evictions
  • 11 Feb 2020 11:35 AM
    Quote
    Reply # 8740328 on 8716724
    Deleted user

    Thank you, Robby, for sharing your experience. I understand what you're saying. The tenant paid the first month's rent but nothing more nor has she submitted a written claim to the county court within the eight days. I just need to set a court date...
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