Eviction

[catman]

Hello GS,
Has anyone ever gone thru an eviction (failure to pay rent) where the tenant does not sign for the Certified "3 day notice to vacate" notice and does not make an attempt to pick it up at the local post office? Is this a loop hole they can take advantage of claiming they were not home and out of town or something like that? After a certain time the certified letter comes back to the sender.
thanks in advance!
Cat

[MQ32Shooter]

Hello GS,
Has anyone ever gone thru an eviction (failure to pay rent) where the tenant does not sign for the Certified "3 day notice to vacate" notice and does not make an attempt to pick it up at the local post office? Is this a loop hole they can take advantage of claiming they were not home and out of town or something like that? After a certain time the certified letter comes back to the sender.
thanks in advance!
Cat

Yep. If your the property owner, be prepared to be screwed by the system and the people that use it to their advantage. I had to evict one last year and by the time we got it done, the tenant managed to screw me out of another months rent. Just get to the court and get all of the paperwork started.

[RiverRat1]

Find the biggest guy you know and have him move in as their roommate.


I'm no help. This is why I never bought a rental home. I couldn't deal with watching the system let losers screw me over.

[Slew]

45 days seems to be about the most efficient I've heard of getting an eviction completed legally.

[1riot1ranger]

May depend on where you are but Texas has pretty strong landlord laws. You may want to confirm if it has to be signed. Just tacking it to the door may be enough. Around Harris and Galveston counties there are some companies that will handle this for you for a pretty reasonable fee. Don't wait to act. Fastest I ever evicted someone took 2 weeks and the JP sent the constable out to make sure they vacated.

[flywise]

Yep. If your the property owner, be prepared to be screwed by the system and the people that use it to their advantage. I had to evict one last year and by the time we got it done, the tenant managed to screw me out of another months rent. Just get to the court and get all of the paperwork started.

I had the exact thing happen to me years ago when I had rent property.
I believe I was out 3 or 4 months rent ( from back rent and delays ) by the time it was all said and done

[Buff]

I have a MANAGMENT company that handles mine. They get them out pretty fast

[ken]

Hello GS,
Has anyone ever gone thru an eviction (failure to pay rent) where the tenant does not sign for the Certified "3 day notice to vacate" notice and does not make an attempt to pick it up at the local post office? Is this a loop hole they can take advantage of claiming they were not home and out of town or something like that? After a certain time the certified letter comes back to the sender.
thanks in advance!
Cat

Why was the 3 day notice sent certified?

The 3 day notice is supposed to be taped to the inside of the front door or hand delivered to someone at the property over the age of 16 yrs. old. If there are circumstances where you can't get inside like a vicious dog or tenant illegally changed the locks you can tape the notice to the outside. If I have to do that I usually try to take a picture of the dog when posting the notice. After you do that and the 3 days expire without meeting the demands in the notice, you file for eviction.

[batmaninja]

How Landlords Must Serve Eviction Notices in Texas
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Landlords in Texas have four options for serving a Notice to Vacate under Tex. Prop. Code Ann. §24.005(f):

1. The landlord, or an agent of the landlord, can personally give the notice to the tenant or to someone who is 16 years or older who lives in the rental property.

2. The landlord can post the notice on the inside of the front door of the rental unit. The landlord can only use this option if the landlord is able to enter the premises legally, for example, with a key.

3. The landlord can mail a copy of the Notice to Vacate by regular mail, registered mail, or certified mail. If the landlord mails the notice, then the landlord needs to request a return receipt.

4. If the rental property does not have a mailbox to receive mail and the landlord cannot legally enter the rental unit to post the notice inside the front door, then the notice can be posted on the outside of the front door of the property. If the tenant has a dangerous animal, such as a guard dog, or an alarm system, that prohibits the landlord from entering the property, then the notice can be securely posted on the front gate or other visible portion of the main entry to the rental property.

If the landlord does not serve the notice properly, then the landlord must create a new notice and start the process over. The three days' notice will not be in effect until the landlord serves the tenant in one of the ways listed above.

https://www.nolo.com/legal-encyclopedia/eviction-notices-nonpayment-rent-texas.html

[Mexico]

45 days seems to be about the most efficient I've heard of getting an eviction completed legally.

True that. I've had to do it a couple times and this is about the average length. .

[Muddy Bud]

Yep. If your the property owner, be prepared to be screwed by the system and the people that use it to their advantage. I had to evict one last year and by the time we got it done, the tenant managed to screw me out of another months rent. Just get to the court and get all of the paperwork started.

This tight here. I'll never rent again. I'd rather just let the place fall apart than have to go through that hell agsin.

[The Insurance Guy]

Doesn’t sound like fun

[WalkieTalkie]

Yes I just went through this 6 weeks ago. Tenants refused to vacate after we posted 72 hour demand for possession. I filed a formal eviction, court date was set for 2 weeks away. I defaulted in judgement for the amount they owed and the court gave them 7 days to vacate. They did not and so I filed an writ for possession which took an additional 10 days to get them out

[WalkieTalkie]

Piece of cake if you have a TREC contract (lease agreement) However the process takes time, especially if they know the ropes

[MQ32Shooter]

Yes I just went through this 6 weeks ago. Tenants refused to vacate after we posted 72 hour demand for possession. I filed a formal eviction, court date was set for 2 weeks away. I defaulted in judgement for the amount they owed and the court gave them 7 days to vacate. They did not and so I filed an writ for possession which took an additional 10 days to get them out

And then you were “rewarded” with the opportunity to go into your property with contractors and spend $2,000-$5,000 fixing it up for the next group to come in and treat it like a pig sty.