Tenant breaks lease and trashes house...what do I do???

[vision61]

I have 2 rental homes and everything was fine until my renter in the middle of July picks up and leaves. I have kept his deposit of $900 but he still owes me for July and he left a truck load of trash that I will need to haul away at a minimum of $100. Also he left a hole from a little pond and stones that were surrounding his above ground pool which I aloud on the property.
I did serve him a 3 day demand letter stating that he owed me for July and I wanted the trash removed.

What is my next step to recover my rent and damage to the property?

[Debbie]

Different states have their own landlord/tenant laws.

What state are you located?

[vision61]

I live in Texas. Thanks for any help.

[Debbie]

http://www.oag.state.tx.us/googlesearch.shtml?cx=003173578259175282890%3A9jev g3u5lfs&q=landlord+tenant+law&sa=Search&cof=FORID%3A11#2103

http://mrlandlord.com/html/frametop2.html?state=texas&url=http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm

[vision61]

Thank you so much for the quick response in helping me. I have one other question but it will need a little background info.

Several months ago the renters were short on funds and I agreed to cut the month's rent in half if they were to remove the wallpaper in two rooms and paint the walls with paint and supplies that I furnished. I regrettably did not get it in writing but do have it on tape. They are now moved into their house they purchased but will not tell me their new address. That is the least of my concerns, I"m sure I'll be able to find it.

I dropped the lease off 2 times but they kept "losing it". That was their ploy on not paying the rent but moved out on the 13th of July without paying for July.

With that information I would like to send them a letter explaining why they are at fault and a resolution. Is the following letter correct and an accurate in my interpretation of the law?

Thanks again in advance! Larry


1. As for the Lease being up and you are not bound to the lease

After the initial lease is up a lease goes month to month, the lease itself is not "up" or "expired". You have simply moved into a new phase of the same lease. You have fulfilled ONE clause in the lease (staying for a year), but are still bound by the rest of the contract, including how much notice to give.

You were legally bound to give written thirty day notice, which you did not do according to the Lease Agreement.


I also taped our conversation yesterday where you agreed you were to remove the wallpaper.
Texas Penal Code § 16.02: So long as a wire, oral or electronic communication — including the radio portion of any cordless telephone call — is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents.



§ 92.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.
(a) The tenant may not withhold payment of any portion of the last
month's rent on grounds that the security deposit is security for
unpaid rent.
(b) A tenant who violates this section is presumed to have
acted in bad faith. A tenant who in bad faith violates this section
is liable to the landlord for an amount equal to three times the
rent wrongfully withheld and the landlord's reasonable attorney's
fees in a suit to recover the rent.

Acts 1983, 68th Leg., p. 3641, ch. 576, § 1, eff. Jan. 1, 1984.

§ 92.005. ATTORNEY'S FEES. (a) A party who prevails in
a suit brought under this subchapter or Subchapter B, E, or F may
recover the party's costs of court and reasonable attorney's fees in
relation to work reasonably expended.


§ 92.019. LATE PAYMENT OF RENT; FEES. (a) A landlord
may not charge a tenant a late fee for failing to pay rent unless:
(1) notice of the fee is included in a written lease; (it is)
(2) the rent remains unpaid after the second day after
the date the rent was originally due. (it is)
(b) A late fee under this section may include an initial fee
and a daily fee for each day the rent continues to remain unpaid.

§ 92.058. LANDLORD REMEDY FOR TENANT VIOLATION. (a) If
the tenant withholds rents, causes repairs to be performed, or
makes rent deductions for repairs in violation of this subchapter,
the landlord may recover actual damages from the tenant. If, after
a landlord has notified a tenant in writing of (1) the illegality of
the tenant's rent withholding or the tenant's proposed repair and
(2) the penalties of this subchapter, the tenant withholds rent,
causes repairs to be performed, or makes rent deductions for
repairs in bad faith violation of this subchapter, the landlord may
recover from the tenant a civil penalty of one month's rent plus
$500.


The wallpaper has not been removed as agreed upon. The pool ladder is still in the yard along with white stone that need to be removed and hole in the backyard from the pond is not filled in.

I am not being unreasonable in wanting these fixed because they were agreed upon and/or in the lease.

I have to have the wallpaper removed and kitchen and bathrooms painted at a cost of $900. I also have to remove the wooden structure and have fill dirt to replace the hole in the backyard. That cost is yet to be determined.

I will file for damages and rent on Friday July 18th at the Justice of the Peace in Sugar Land. I want this issue to be resolved and will do so on the payment of $700. If not, then I will see this law suit through to the end.

[mike_mn]

If you want their new address, go to the post office, send them a certified letter with their name to your rental address. Make sure to check the box that states carrier to supply forwarding address. Have the person at the post office highlight this so the carrier doesn't miss it.

When you get the little certified tag back from the post office, you have their new address, provided they forwarded their mail. I once had a tenant that had some huge eyes when I showed up on her doorstep looking for the keys and garage door opener...

[vision61]

OH Did I learn!!!
First, I know they will not go back and do the work because they are to busy moving into their own house. My understanding is they only have 3 days to do the repairs since I gave them a 3 day demand letter. After 3 days I have the right to fix the property and have it rentable and charge them the cost of repair.
Second, I would settle for $700 and take the rest out of my pocket as a penalty of my ignorance and just for the sake of putting this experience behind me.

I just don't feel they should walk away when I provided them with a very nice home for 3 years and they walk away while I have to fix and pay for their damage.

I think the letter would scare them enough to talk to me. The wife feels awful what they are doing and even wrote a letter where she apologizes to me but the husband is another story. I just don't want to put anything in the letter that is not true.

If they don't respond than they might call my bluff and I might not go through with it. It was heartbreaking walking into the property and seeing the damage they did in 3 yrs. It really WAS a nice home.