Eviction help--Gave 10 Day notice to Cure and now they would qualify for non-renewal


#1

Small park in Texas–long term resident did not pay rent on time this month (Oct 2018). He has caused problems in the past and been given warnings. I posted a 10 day notice to cure yesterday as the first part of the eviction process required in Texas.

here is the question: my manager just called me and told me that his son is now back visiting him today when he has had several written warnings that the son is not allowed because his causes trouble in park. With this phone call today, my regular action would be to non renew his lease because he was on the last warning.

what do I do? continue with the eviction or non renew ? Suggestions please? I am not even sure which is faster because this is my first park and I have only had it a few months.

Thank you

Pat


#2

I would pursue the eviction. If you non-renew, who is to say that he won’t continue to reside there after the rental period expires? Likely he will continue to stay, in which case you have to pursue the eviction anyway, but you wasted another 30 days. Having a problem tenant miss a payment is a blessing in disguise. It gives you a clear case to victory in court. I have had many problem tenants that I wanted to evict, but I waited patiently until they paid late, then I filed eviction. Make sure not to cash the payment though until you actually win the case and are granted the eviction.