Ask Experts Questions for FREE Help !
Ask
    dfwrecruiter's Avatar
    dfwrecruiter Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 21, 2009, 08:31 AM
    Can I evict original tenant if person not on lease paying rent?
    In Texas,

    I've had a tenant for almost 2 years and she leased the home because she and husband were separating. I found out later that they decided to reconcile, however she never added him to lease.
    Recently (past 3 months) the rent has been late and in tracking her down ended up finding out he was paying rent because she decided to leave and live with her sister although her furniture is still in house.

    He wants to sign a new lease with me in his name and stay there. She has 1 month left on lease but technically she hasn't been paying. Can I terminate her lease agreement and sign new lease with him?

    Also, need to know if I can keep her security deposit since she broke the occupants on premises, late payment, 2 dogs without permission, and some damage to backyard fence.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #2

    Jan 21, 2009, 09:53 AM

    Send her a certified letter stating that you are not renewing her lease and that she has 30 days to return the keys. After the 30 days have passed, you can sign a new rental agreement with the husband.

    You can only keep the deposit for damages, late rent, etc. If it only costs you $100 to fix the fence, then you would need to return the rest of the deposit. Not sure on your state laws, but most of them have a 21-day rule; you need to either return the deposit in full or send a letter stating why you are not returning it within 21 days of the tenant leaving the property.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jan 21, 2009, 09:59 AM

    Since its only one month, I would do as This8384 advises and inform her you will not be renewing the lease. Then you can prepare a new lease for the husband and have him sign to go in effect after the expiration.

    But I'm wondering why you would want him as a tenant if he's been paying late.

    As also noted Security can only be used to pay for damages and unpaid rent. You need to send the tenant a letter within the legal timeframe explaining what the deposit was used for and a refund of the balance (if any).
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #4

    Jan 21, 2009, 10:12 AM
    Quote Originally Posted by ScottGem View Post
    But I'm wondering why you would want him as a tenant if he's been paying late.
    You never know; he could have been giving his ex the money for the rent and it never made it to the OP. Or maybe the ex told him she was paying it when she wasn't.

    That or this poor OP is going to get screwed again.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jan 21, 2009, 10:27 AM
    Quote Originally Posted by this8384 View Post
    You never know; he could have been giving his ex the money for the rent and it never made it to the OP. Or maybe the ex told him she was paying it when she wasn't.

    That or this poor OP is going to get screwed again.
    I thought of those possibilities, they certainly may be the situation.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Tenant paying rent tax [ 3 Answers ]

I just moved from Tucson to Phoenix and am renting an apartment. On my lease, I am being assessed a 2% tax every month on top of my rent. Can I itemize this monthly assessment and claim it on my taxes as I do with my mortgage interest?

Non-tenant paying rent [ 1 Answers ]

Is there a specific law in California that prohibits landlords from accepting rent from a non-tenant? Converseley: "Jim," who's not on a lease, moves in with "Jane," and pays rent (through a check in "Jim's" name). The landlord accepts this rent for 8 + years. Does "Jim" have the same legal...

How do I evict a child not paying rent [ 3 Answers ]

I have an18 year old daughter who is not paying rent, suppose to be doing Butler Tech Online for high school, has no drivers licence, no job, has been very disrespectful (swearing and such) at me. She does nothing to help around the house and lives like a pig in her room. She is hard of hearing...

How to evict a rent paying son, daughter-in-law and grandchildren? [ 4 Answers ]

I hate that it has come to this but I have my oldest son and daughter-in-law and two grandchildren that have lived in our second home for 3 years. They have paid rent without a contract. Their rent has fallen behind but mostly has been caught up. They barely pay the payment on the home and I pay...


View more questions Search