Skip to main content

[Landlord US-TX] Tenant appealed eviction and its dragging on. Offer a settlement?

TL;DR My tenant appealed eviction. I think I have a good chance of winning the appeal, but, by the time it's done the award will be so much the tenant will never be able to afford to pay me. Should I try to settle with him for the amount I need to break even before we get to the appeal? The tenant is extremely argumentative and cocky. He thinks he's going to win in court. I definitely don't want to give him anything that will help him do that in trying to convince him to take this settlement.

I'm evicting a tenant for staying past the lease end. He also stopped paying rent almost two months ago, before his lease ended. He also changed the locks on my house and won't change them back.

I won the initial eviction hearing, but now he has appealed. In my state that means the appeal court hears the case anew (trial de novo).

My case is pretty strong. There's a slight crack in the notice I gave to terminate the month-to-month lease. The first judge didn't seem to have a problem with it, but I also don't think my renter did a great job of digging in on it. I think I've got about a 95% chance of winning the appeal. So far, no attorneys involved.

Given that the lease allows me to double the rent after he holds over, he now owes me $6,600, minus his deposit. He'll never be able to pay that.

He's definitely acting in bad faith, telling total lies, and being dishonest.

I'm also pretty sure he's going to take me to small claims court and while I'll win, I'll have to deal with that thorn in my side.

Should I offer to settle with him? Because he's a skilled handyman, I know he's able to leave the house undamaged. Since the eviction is on appeal if we abandon it now it won't go on his record. If he leaves the house undamaged so I can apply his deposit, I could break even if he paid me $2,700 more.

My big worry is if I have to try to convince him that he's going to lose his case, I'll basically hand him a possible defense. Or even if I make this offer and he realizes there's a crack, then he works even harder to find it.

The other thing is that he's a monster. For example, during the lease he decided he didn't like a contractor who'd worked on the house before and he'd send me a dozen pictures at 1:00 a.m. of work he thought was shoddy. Now every conversation devolves into him telling me that I've already shot myself in the foot blah blah blah. Contacting him feels like poking a rabid dragon.

submitted by /u/MooseGoose82
[link] [comments]

source https://www.reddit.com/r/RealEstate/comments/wwj1kd/landlord_ustx_tenant_appealed_eviction_and_its/

Comments

Popular posts from this blog

Aren't comps/CMAs useless with buyer credits at close happening now?

I'm looking into buying a new construction townhouse in my HCOL US city. I'm seeing builders offering interest rate buydowns worth $20k-$60k on $800k homes (rather than just lowering prices) in order to keep their comps high for their other units, now that buyer demand has been declining. I asked my agent about these, and he said these buydowns aren't even the full story: buyers can write all kinds of other credits into an offer, like their closing costs, prepaid sewer fees, etc. Apparently cash buyers can just write in a "buyer credit at close" for any amount in their offer. So a new townhouse that appeared to sell for $800k in the MLS might have actually been a cash offer with a $100k+ buyer credit at close, meaning the buyer only spent $700k or less in total, but to the rest of the world they can only see the $800k! So that made me realize I can't trust comps/CMAs for other new construction townhouses. The sales prices could be way lower than they appear

Fast Rising HOA Fees on NYC Condo, No Budget Provided

My wife and I are first time homeowners and could use some advice on a situation we've been having with our management company and Board. We bought a condo in Brooklyn two years ago, and since then our HOA fees have climbed dramatically. In August of last year, our fees were increased by ~30% and just yesterday we received notice that this new figure would be increased by 16% as of June 1st. The by-laws for our building state that ten days before such a change goes into effect, the Board must provide unit owners with the itemized budget upon which the new numbers were based. This didn't happen last year, and when I asked the management company about it, they just kept vaguely insisting the Board had done due diligence. After I kept pressing, they finally sent a budget that was several years old, so obviously not the one that the new numbers were based on. When I asked the management company for contact information for the Board to get further clarification, I was told that th

How to create fidelity investments current bank statement for lender during escrow

I transferred a certain amount to my bank account to complete the minimum down payment required. The bank wants a current statement of the transaction. Unfortunately, fidelity only does quarterly statements so a December statement is not available and we are due to close next week. I called fidelity and they they can only provide a letter but the bank said that won’t suffice. Any way I can find or make one of my own that has my account number/name along with all the recent month’s activities? submitted by /u/bodaciousbeans [link] [comments] source https://www.reddit.com/r/RealEstate/comments/zmnnqo/how_to_create_fidelity_investments_current_bank/