Ask Me Help Desk - How does a landlord in Texas collect on a judgement against a tenant

How does a landlord in Texas collect on a judgement against a tenant? I am in the process of trying to evict a tenant who gave notice to move out but failed to pay the last month's rent. I understand that to hold back one's rent in lieu of the security deposit can incur a 3x the amount of rent owed as punitative damages. I already know of damages to the property that I am already going to have to deal with and the security deposit is less than the rent. She works for the IRS so can I inform her employer of her defaulting on her lease? I know that would motivate her to pay the rent. Thank you, K

First, where did you get the idea you cannot withhold the deposit to pay for unpaid rent? The security deposit can be used towards any amounts owed by a departing tenant. That includes unpaid rent and repairs. You DO need to present an itemized account of how the security was used in a timely fashion, otherwise be subject to penalty.

If the deposit does not cover the amount owed, you then take the tenant to court for the balance. If you win a judgment, you can attach bank accounts. You MAY be able to garnish her salary in this case. Texas law does not permit garnishment for unsecured debts, but this would not be considered an unsecured debt.

According to the Texas Property Code, a renter cannot hold back their rent in lieu of their security deposity or face a penalty of 3x the amount of rent owed. I even have the statute wriiten in the lease. So how are you involved in Texas realty?

Quote:

Originally Posted by ScottGem

First, where did you get the idea you cannot withhold the deposit to pay for unpaid rent?

Kvmunoz (the OP) didn't say that.

Quote:

Originally Posted by kvmunoz

According to the Texas Property Code, a renter cannot hold back their rent in lieu of their security deposity or face a penalty of 3x the amount of rent owed.. .

It would have been helpful if you had cited the specific section:

Quote:

Sec. 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.

PROPERTY CODE CHAPTER 92. RESIDENTIAL TENANCIES

The reason I say this is that the way you phrase it, "in lieu of their security deposit" doesn't make sense. To not pay the final month's rent in substitute for (= in lieu of) the deposit would suggest that the deposit was never made (which of course would be absurd). I suggest that you change your lease language to the language used in the statute. At least you should say something like "in lieu of being refunded their security deposit".

So do they even have any unpaid rent, if they were to give notice of the move and just moved, then they will still owe the next month rent. If there is a lease ( sounds like it) they will still owe till you rent it out, so you keep billing them for rent, and use the last month rent payment to pay the continued rent.

Just because they move out and break the lease does not meann they just get back their last month rent check, it only goes back if they move out with proper notice and do not break a lease.

I may have misunderstood you. I thought you were saying that YOU as the landlord couldn't apply unpaid rent towards the security deposit. Which is not correct. The statute that I think you refer to (if it's the same one that AK posted) prohibits the TENANT from not paying the final month and telling the landlord to apply the security. And that is also pretty universal. The TENANT can never decide to apply the deposit towards unpaid rental, only the landlord can do that.

The problem with that statute is how do you know that's the tenant's intention. If the tenant is already in default on the rent, I don't think that statute can be applied. It would only be applied if the tenant vacates and does not pay the last month's rental.

Also, since you are evicting them, you are forcing the vacate so it would not apply then as well. You are entitled to recover and damages and unpaid rent. But I doubt if a court would award you triple damages under that statute.

Well, I apparently have a pretty stupid tenant because on the last deposit slip to the bank She wrote "August rent = $200 + $1200 security deposit." She works for the IRS so I am interested how this is going to play out when they serve her at work with the suit papers.

I'm confused. Is the Monthly rent $1400? What deposit slip? Is she allowed to deposit directly into your account? Did her lease expire at the end of August? Was she delinquent prior to that?

I am really sorry that I am not clear. This is my first experience renting to someone. She seemed very nice and I considered her a good tenant up until now. The lease was going to be up at the end of August and she was going to go a month to month. Instead she gave me a notice to move out on th 31st of August on the 4th of August. I offered to renegotiate the lease as I thought she was a good tenant. I could never talk to her as her son always talked on her behalf. I still haven't actually seen her but feel her son is leading her in the wrong direction with some very bad advice. Anyway, apparently on August 4 she made a $200 deposit into the rental account (I keep all monies separate from my account so it is easier to keep track of things) On the deposit slip she wrote that the $200 plus the security deposit made her last month's rent. I tried to tell her via her son, and even pointed into the contract where the statute is quoted, that she can not hold back any part of the rent thinking that the security deposit would make-up the missing part. I told her via him that before 30 days were up I would send the security deposit minus anything that came up in the "after renting" inspection. He needed to give me a forwarding address and that would be that. I informed her via him that they were in default of their lease agreement by not paying. I also told him about the penalties of holding back that last month's rent. I have begun the eviction process and will be filing the claim that you file after having given them a notice. At each step I have said if you just pay the rest of the rent, then it stops there but they haven't. What bothers me is that the tenant on the lease won't talk to me. Everything is done via her grown son. She has always been very nice and I thought dependable. I think her son is just messing her up. None the less, I have my own family's security to consider and I already know of problems that were created by the son's negligence in flooding the upstairs bathroom. They were not going to get their entire deposit back and they were going to get it until AFTER the work to fix the ceiling was done. I guess I am asking all this so I know if it is even worth pursuing a claim. It is such a head-ache and I don't like to sue anybody. But I do have to provide for my family and I can't afford to fix the negligent damage of someone else, especially if I have to hold off in renting to someone while it is getting done. Hopefully, that is enough information that I gain some wisdom from someone who is being in this Landlord system longer than I have. Thanks

Ok, now I follow. I assume you sent her a pay or quit notice. But frankly that will probably be moot. I doubt if you will get the eviction process complete before the end of the month.

I would send her and her son a certified letter citing the clause in the lease and the law. I would inform them that you will pursue enforcement of your rights to the fullest extent.

That's really all you can do. If they are going to be stupid, then there is little you can do about it.