Once someone signs your lease, you as landlord are legally bound to follow the rules and regulations as much as your new tenant.  You should also know that state and federal laws further govern how and under what circumstances you may terminate that lease.

Generally speaking, though, most states including Texas allow a landlord to terminate a lease or rental agreement if the tenant:

• fails to pay rent
• violates a clause in the lease or rental agreement, such as a no-pet or subleasing without permission clause
• violates a responsibility imposed by law, such as causing serious damage to appliances or the property, participating in illegal activity, or interfering with other tenants’ peaceful enjoyment of the property

If you find you must terminate a lease or rental agreement, you must send the tenant a notice of termination.  If the tenant continues to remain in the rental unit after receiving a termination notice, only then can you file an eviction lawsuit.

Eviction itself involves the court-ordered physical removal of the tenant and his or her property with the assistance of the police.  To begin the actual process, you must first must file a complaint with the court and wait for the tenant’s answer.  If the court rules in your favor, then you will be legally entitled to repossess the property.  If the tenant refuses to leave after receiving the notice of eviction, then you have the right to ask that a law enforcement officer forcibly remove the tenant.

By contrast, if a tenant illegally breaks your lease without a legally protected reason, then you have the right to sue for damages.  But you must mitigate damages by making a reasonable attempt to re-rent the unit.  If you find that you incur damages beyond what remains from the tenant’s security deposit, then you may sue the tenant for:

• the time the unit remained vacant
• the cost to find a new tenant
• attorney fees, if provided for in the lease agreement

The legalities of being a landlord are complex.  Often, they require more time than busy landlords like you can afford to invest in understanding them.  That’s where Herman Boswell can help.  Our property management professionals are schooled in every aspect of landlording, including the legal ins and outs associated with it.  For the real estate savvy more North Texans trust, contact us today!

The post THE ABCs OF LEASE TERMINATION appeared first on Herman Boswell Property Management.

Most tenants will maintain your rental property to a reasonable degree, follow the rules outlined in their lease and pay their rent on time each month.  Deadbeats, though, won’t.  When faced with uncooperative renters, eviction may be your best, and only, option.

Gather evidence

If your tenant is responsible for any property damage, take photos.  Also save paper copies of all written and electronic correspondence with your tenant regarding any other infractions, including noisiness and late and/or unpaid rent.

Go over the lease

Note any sections that the tenant has violated.  Be sure you are able to document your findings.

Send a notice of eviction

State the reasons for the eviction and what date the tenant must vacate the property.  Consult all local eviction laws, which vary from state to state.

File the eviction at your local courthouse

To make the eviction official, you’ll need to file the appropriate legal paperwork.  Your tenant will receive written notice that you have filed a case against him.

Take all evidence to court

The tenant might leave the property after you file the eviction notice.  But he or she may still take the case to court and argue against the eviction.  In that case, use your evidence to convince the judge that you have a renter who deserves to be evicted.

Dealing with tenants, even good ones, is hard work.  So having even one bad tenant could make your life hell.  But Herman Boswell can help.  Our experts know exactly how to handle difficult tenants in a way that will minimize damage to you and your property.  For the peace of mind you deserve, contact us today!

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