Posted by John Merchant on July 15, 2008 at 07:02:32:
…unless you really wanna see your rental mysteriously and suddenly show lots of T caused damages such as holes in walls and ceilings, floor damage, et nauseum.
So resign yourself to having to spend money and make it worth the T’s worthwhile to leave your rental undamaged.
We own a SFR near Austin, Texas. We are currrently living on California but are preparing to move back to Pflugerville. We need to move back into our house in August but the current lease does not end until September 28th. The tenants have paid rent onntime once since they have been leasing the house. They have paid less than helf the rent for July with a promise to pay the rest on July 18th.
What I am thnking about is offering a lease modification. They would not have to pay the rest of the rent for July or August as long as they move out August 12th. I want them to sign the lease modification.
My wife is concerened that the teants will refuse to move out and we would have to go through an eviction where they would stay in the house and not pay rent.
I know Texas has some tenant friendly laws.
Any guidance and advice would be greatly appreciated.
I agree, definitely bribe them. Its only fair because they may not have been planning on moving when their lease is up. Its costs money to move, but if you are up front and make the deal sweet, there is really no reason for them to not move.
TX laws are very LL-friendly, even with some recent tenant-friendly modifications (we’ve been LLs in other states). I wouldn’t want to be a tenant in TX.
It’s easy to evict in TX (we only give 24 hrs’ notice, not even 3 days), BUT we always buy non-paying tenants out instead of going the eviction route.
The offer of money should rely on their already fulfilling their side before any cash is disbursed, otherwise you lose any leverage.
I have houses in San Antonio and after one eviction, I am not aware of the laws being particularly tenant friendly in TX. The PM I use routinely processes evictions in 3 - 4 weeks from the 5 day notice (or is it 3, I forget which, but it does not matter) to possession of the property. AZ, which is known as landlord friendly takes 3 - 4 weeks as well (its actually only a few days from filing to court date, but the entire calendar including the re keying of the property is reliably 4 weeks) so I don’t see any practical difference.
No, do not allow them to pay NO rent for the balance of July or Aug. What I would suggest is to have them pay the rents as they are due, and in fact make the modification subject to timely rent payments and lack thereof would void the modification agreement.
Upon their vacating the property on a timely basis, (specific time, date, etc), and leaving the premises in clean, broom-swept condition, (again, be specific here), then you will pay them in the form of an incentive for early termination and surrender of premises in acceptable condition, $ _______ .00 (Suggest that this number be large enough so that they comply with the agreement without fail; an amount larger than half of July and Aug rents… maybe 3 months rent, which will pay for their 1st mo’s rent, deposit and moving expenses elsewhere. They need to see this as a wind-fall amount, so that they get it in gear w/o fail.