Landlord options for past due tentant rent in Texas?

Question

We own a 3 bed/3 bath home in a college town in Texas, my fiance and I live in one of the rooms and bathrooms, and rent the other two out each with its own lease contract. A tenant who has moved out unexpectedly will owe August rent of $350 and utilities as outlined in his lease. He has told me repeatedly over the past month he will be unable to pay this.

Once it becomes past due, what are my options for recovering the rent, or taking legal action to report past due rent on his credit report (I have his social security number)?

Also, it's pointless to evict, as he has already left the premises. A landlord's lein is also pointless as none of the property he left behind qualifies for seizure under a landlord's lein in the state of Texas.

What do I do???

Answer 1

Nice to meet you.  I own and rent out 10 single family homes in South Texas.  If the deadbeat has already left then I'd just let it go.  As much as you want to stick the screws to the guy as a business owner (which you are) it won't help you out.

If there were damages that you could prove (search the net for pics of destroyed property) and get a handy man to give you phoney estimate (the max amount for small claims is $5000) I might mess with it just so I could claim the loss revenue against my taxs.

And for the record, the cost to file a claim is $27 but the service fee (constable dropping it off) is $60.

Now, the guy isn't showing up for court so as long as you have your lease with him signed and "proof" of your damages you'll win.  

You'll get a piece of paper stating that he owes you $$$.  Then you pay a couple more bucks to the workers there to prepare an abstract judgement and then you can file the judgement with the County Clerks Office for about $20, maybe more.

If all this sounded like a hassle, it's because it is.  You'll be better served by letting it go and being being happy the b*****d left on his own.  

As a side note:  I'd never let a tenant live in my house.  Just too close for comfort.  An informed and determined tenant could really make you and your fiances life h**l.

Answer 2

Unfortunately for you the only thing you can do is take him to small claims court. You can look into reporting on his credit, but I don't think you can. The only way to get it on his record would be to file the eviction notice, but as you say it will be useless and cost you even more money.

Answer 3

Small Claims court - the filing fee is usually fairly cheap = $30-75 and the losing party pays the court costs. So, if you won the judge would order the court fees to be added to the judgment.

Rent and utilities is an easily won case. I would definetly file.

Once you get the judgment, you can garnish bank accounts, wages, etc.

Plus the judgment can be renewed for up 20 years and will accrue interest. Once there is a judgment, you have it recorded and the credit bureaus should pick it up.

You can report resident debt here:

https://www.aoausa.com/SECURE/mrLdebtrep...

For $13.00 it's worth the chance that you just may get paid.

Answer 4

for $350 you might not want to bother.  Release the dude and find a new tenant.