Comfy Austin

Just returned from another excellent seminar offered by Austin attorney John Daves on advanced legal strategies landlords may use for addressing problem tenants that need to be evicted.

Handling evictions is a lot like childbirth.  If the delivery is uncomplicated, with a minimum level of know-how, a pregnant woman may well manage it by herself in an emergency.  On the other hand, the slightest complication can lead to very messy results.

With evictions the story is the same.  Tenant does not pay rent.  Landlord delivers a notice to vacate. Shortly after that the landlord goes to the justice precinct where the rental property is located and fills out a simple form and pays some money and shortly after that the tenant receives an invite to go to court for a hearing and may simply decide -- too much trouble --it is time to move on. Boom.  They disappear.  How simple is that?

On the other hand, there are lots of twists and turns to evictions and landlords are held to the highest level of accountability when it comes to their actions. Have a lease that says rent is due on the first, but the landlord has been routinely accepting payments that are two or three weeks late. Could be a problem.  How about a tenant who pretends to be interested in working out a settlement agreement prior to going to court, but is really just stalling.  Or a tenant who requests a jury trial, or continuances, files appeals, or pauper's affidavits, or claims retaliation.  Suddenly on every landlord's mind is how can I speed up the process or get this thing over with. 

Austin area property management companies are typically experienced at routine eviction procedures and know the right paperwork to present to the courts and the time lines for action.  Sometimes an attorney is needed particularly if possession bonds are involved, or specialized lien agreements are being considered, or there will be a jury trial.  Sometimes a simple consultation with an attorney can help chart a correct course for the problem.  Eviction is not always the answer.

Getting the right tenant in the property can avoid many problems. Having proper procedures in place for the collection of rent and handling delinquent rent or non-rent breach of contract is important.  Acting swiftly when a problem arises is crucial and having documentation of all your actions from the lease to rent receipts will help you should you need to pursue an eviction in Travis, Williamson, or Hays Counties.  It take work to make money as a landlord.  If you are considering buying Austin real estate for investment and would like to know what that entails, contact me.