As a rental roperty owner, you will likely have to one day evict bad tenants. The process won’t be fun, but you should know how definitely know how it works. Learn more about the San Antonio eviction process in our latest post!
Let’s face it, evictions happen. There is always going to be that one tenant who isn’t holding up their end of the deal, yet they refuse to leave the property. This is when you need to enlist outside help. Keep reading to learn more about how to evict a bad tenant in San Antonio!
Before you consider evicting someone, consider other ways to resolve the issue. Many problems can be solved without the time and cost of an attorney and evicting tenants. You can also think of some ways to convince them to move on their own. One option might be that you could raise the rent if their lease is up or you could to choose to now renew their lease. Another option might be to just offer up some cash in exchange for them leaving. Please just make sure that anything you do falls within the legal bounds of being a landlord. If you have spoken to them, addressed the issues and are still having problems, you should then think about eviction. It should only be done as a last resort as the time and cost aren’t really in your best interest.
The eviction process is by far one of the most frustrating things a landlord deals with. It is crucial that you adhere to Texas law and do things the right way. You definitely don’t want to give your tenant any “outs” when trying to evict them from your home. All proceedings must be done timely and according to the law where your property is located. This might be a good time to contact your real estate attorney for guidance. You can never do things such as changing the locks, turning off the utilities, or harassing them in any manner. While you might want to, doing these kinds of things is against the law, and will only give your tenant more ammo if you end up going to court. Below are the basic steps for filing an eviction notice in San Antonio.
1. Make Sure Your Reason Is Valid
According to the courts, you need to have a good reason for the eviction. If you weren’t doing this before, document everything to show what they have done and your attempts to resolve the issue. Some valid reasons would include damage to the property, not paying rent as scheduled, they are a nuisance to the neighbors, or they have broken the lease in some other way.
2. Give Written Notice
Include the date, planned date you will file an eviction, and the time they will have to correct the problem if applicable. However you deliver the notice, make sure you document. Again, this might be a time to recruit your favorite real estate attorney for assistance.
3. File The Eviction At Your Local Courthouse
You will need to file the necessary paperwork, pay the filing fee and request a court date. It isn’t always a fast process, so be prepared to deal with stubborn tenants for the next few weeks. This would also be a good time to hire a lawyer.
4. Prepare Your Case
Gather all your documentation such as proof of non-payment, repair bills, neighbor statements, any records of communication between you and the tenant. Don’t leave anything out. Come to the courtroom prepared. If your tenant is making the effort to stay in the property, they will be preparing their side of the argument also.
5. The Eviction
Depending on where you live, the tenant will have 2-5 days to vacate the property. If they don’t, this is when you call the Bexar County Sheriff to have them physically removed from the property. Hopefully, you never have to have things go this far.
6. If All Else Fails…
At the end of the day, if all else fails and you are at your wits end with your bad tenant property… You may decide you would rather sell your house to a cash buyer. You can easily shift all of the responsibilty of the eviction process, tenant removal, cleanup and damage repair to the new owner. Who could blame you? At Capstone Homebuyers, we specialize in helping homeowners who face all kinds of situations. We buy houses from landlords who are facing the issues described above on a regular basis. Sometimes the repairs are just too much and the timing is terrible. We pride ourselves on making a fair offer, no matter what the situation. We would love to earn your trust and your business.