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Landlords - need help with EVICTION process please....

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  • Landlords - need help with EVICTION process please....

    First of all..... HELLO to all of you, I've not been on the board lately, and I miss the site, the folks, and the car world. I miss my car that had the potential to be loads of fun, and was SO close to being ready to run, but I am working on a few things that are much more important right now.

    I need some guidance on how to get rid of the tenants that are occupying my home in Arlington. I want to make sure and do everything according to law and have all my bases covered. You guys that have been landlords and have experience in these matters please jump right in with your advice and guidance if you don't mind...... I would be eternally grateful!

    Here's the story:

    I own a home in South Arlington, and have had tenants occupying it since April of this year. They signed a 1 year lease. Self employed 28-ish yr. old male, 26-ish yr. old female significant other, 2 kids, 5-9 years old. Man signed lease, listed her as an occupant, and listed his father (45-50 yr. old) as an occupant as well. Paid deposit/first months rent, move-in went smooth, rent paid on time in May, June, and July.

    Late July he informed me he would be a week late on August rent. He paid me partial rent Aug 1st, said the rest in a week or so. Week or so came and went, he informed me the rest was coming in another week or so. Between second and third week of August, all communication slowed down and ceased completely. We went from phone conversations to a text only number he had, then from texts to nothing. Last contact whatsoever with him was mid August. My texts were being received, but not returned.

    In one of my texts I suggested that I planned to show the refrigerator and sell it to someone to obtain money to pay the mortgage. I realized I should have never said that. I went over to the house, knocked and announced my intent to enter, was about to enter with my key, and the DAD answers the door. He was not helpful, said tenant (Let's call him JAKE) was not there, would not let me in, and threatened to call the police since I was threatening to take the refrigerator. He then shut the door on me. I waited outside for police, but apparently he did not call them.

    Next visit, 2 days later.. I went over with a Notice to Vacate the Property. brought a witness with me. I filled out the document such that they had a full week to move, rather than the standard 72 hours that I could have stated. Knocked and announced, no answer. Prepared to enter. My key unlocked the front doorknob, but the DEADBOLT had been changed by them. Knocked and knocked, then Arlington PD showed up. Jake's girlfriend/wife had called them, said she was afraid I was going to break in and take the refrig, hence the lock change and the call to APD. I explained my intent to deliver the Notice to Vacate, and they handed it to her in an UN-official capacity. I stayed back on the lawn, she would not speak to me. APD mentioned the place looked semi-packed up as if they intended to move soon.

    The time came and went for the Vacate Notice, and I returned to see what's up. Iron gate was chained and padlocked. Wooden gate on other side nailed shut. Knocked on front door forever, then Master bedroom window, finally she opened the door in her bathrobe. Acted tired and sick, said no-one there but her, and that "she couldn't deal with this" right now. Would not speak much other than to say they planned to move "soon", and my Notice to Vacate carried no weight since it was not signed by a Judge or notarized. Could care less about me needing to enter, show the house, rent to someone else, etc.

    Very fruitless visit. I now know that they do not plan to pay, allow me entrance, and they plan to stay until they damn well are ready to move out, and are going to work the system and make me evict them through the courts. I have been diplomatic and unforceful throughout, but obviously I am livid that I can be denied access to my own house and they can live in it, and laugh while they shut the door in my face. JAKE will never come to the door or communicate with me in any way.

    I am going to the court in my precinct and file the official paperwork to have them served and forced to move using the court process, and I want to make sure I do it right and they can't stall, appeal, or stay there a minute longer than the law allows. I want them out like YESTERDAY. What steps exactly to I need to follow, what documents do I need to keep in mind, have delivered/signed/notarized, etc.? What happens throughout the process? What timeframe? At want point can someone physically put their shit on the curb and allow me to change the locks, deny them access both physically and / or legally?
    I want to get in there and look around, and can deliver a Notice of Intent to walk the property, but right now I don't even have keys to get in there, and can't enter, short of barreling my way in there once the door is cracked open. I don't want to be arrested or get myself in any kind of trouble throughout the process, or give them any reason to want to destroy my house or have it come to a physical confrontation. I want to keep it diplomatic, professional, and have everyone act like adults, but at the same time have them out ASAP.

    I have done some research and kinda have an idea of what the process is, but want to know what the events and timeline are once I go down there and file. Also what paperwork I might need to cover my ass, if any. Right now, all I have is my lease, which they have not adhered to, and a duplicate of the Notice to Vacate, which was thankfully put right in the wife's hand via APD.
    I feel they know what they're doing and have done this before, and plan to ride the system til the last minute. They want me to spend MY money and time forcing them to leave, while they snicker about it and take their damn time. Right now they owe me half of August rent, and have paid nothing for September. They owe me $2000.00.

    Oh, and I hope they are not in any way entitled to their deposit back.......? Looks like the laws are set up to accommodate the Tennant in all kinds of ways, I don't want to get screwed out of my rent owed plus be forced by the courts to pay back the deposit for some reason.

    Thanks Much for any help you can offer....I want to make sure everything goes my way and I don't leave any way for them to find a loophole to keep squatting in my house for free!

    Chris

  • #2
    Make sure when they do leave, you take pics and document any and all damage to everything.

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    • #3
      Wow. Every time I post lately it just HAS to be a damn book! Apologies...............

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      • #4
        Originally posted by 93LXHORSE View Post
        Wow. Every time I post lately it just HAS to be a damn book! Apologies...............
        Next time a thread from you is this long, there had better be a boat involved.

        I have nothing worthwhile to add, I get people into houses, not out.

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        • #5
          from what i understand, i may be wrong though, but as long as you are the titled owner of the house you can enter. Any attempts to block that you need to get the constable and JP involved

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          • #6
            Give them a couple ambien and maybe they will lose your house somewhere and you can pick it up.

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            • #7
              Sorry about your shitty situation, don't have any advice to offer but may be interested in renting the house once these asshats are out...
              "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson, 1776

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              • #8
                Originally posted by Back N Black View Post
                from what i understand, i may be wrong though, but as long as you are the titled owner of the house you can enter. Any attempts to block that you need to get the constable and JP involved
                Sure I can enter, but I don't have a key since they changed the deadbolt lock. I could force my way in there once the wife opens the door, but I can only see the situation going south really quick. Anything from assault charges one way or the other to my house being completely trashed while they're on the way out.

                I want to know when, if ever, the Constable / Sherriff's Dept., myself, or any other party has the legal right and power to physically move them out, or when they would be in contempt for not following a direct court order to move out.

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                • #9
                  Originally posted by Shorty View Post
                  Give them a couple ambien and maybe they will lose your house somewhere and you can pick it up.
                  If only I could be so lucky !

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                  • #10
                    I know you're not in Dallas County, but this may be helpful:

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                    • #11
                      i know youve been cordial and professional with them, but people are scumbags.

                      consider your house not returned to you in the condition in which you turned it over to them.

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                      • #12
                        I'm not sure if the police or constables do this kind of thing, but you should try to take a constable/police officer with you next time you go. You have the legal right to enter the house, as long as it's announced, and they cannot deny you entry. If they have changed the locks, try to get them to open the door. If they do not open the door, kick it in. The police/constable is to make sure that:

                        1) They don't shoot you, and
                        2) They don't try to press charges on you for doing something you have the legal right to do.

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                        • #13
                          She mentioned your "Notice to Vacate" wasn't signed by a judge or notarized? This isn't her first rodeo. More than likely they know the drill, especially when they chain gates and swap deadbolts. Be careful and good luck.

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                          • #14
                            I'm fingida pull akickdoe! (ugggggggghhhhhh!)
                            Lay down on the flo' (flo')
                            Want the cheese and the money or everybody gotta go (gotta go)
                            "PSH!!!"

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                            • #15
                              I know when we had to do that drill, the wife went to the subcourthouse in Mansfield and got the order and had the constable deliver it. They got thirty days so then we were another month behind.it is a long drawn out project. I would have all their info and do one of those Dan Johnson of ge or whatever his name was so when some one googlea them your story of non payment pops up.

                              A large fellow that sits in their driveway to collect when they show up works pretty good, especially if he has a buddy or two. Removing the front door for repairs works pretty good. Hard to live there without a door.
                              Pays to have a management co to screen renters and handle the collections/evictions. Worth their weight in gold.
                              Rich

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