Can't speak to Texas, but...

Posted by Keith(CA) on December 01, 2004 at 15:18:27:

In Reply to: Eviction after foreclosure in Texas posted by Katie on November 26, 2004 at 20:20:53:

Katie,

I can tell you how it works in California (which is most likely irrelevant to you in Texas). For us, there are essentially three possibilities...

(a) The former owner is in the house
(b) The former owner's tenant is in the house (less than 12 month lease)
(c) The former owner's tenant is in the house (greater than 12 month lease)

In the case of (a), a simple 3-day notice to quit is sufficient to begin the eviction process.

In the case of (b), a 30-day notice is required to terminate this lease. If the tenant refuses to move at the end (regardless of whether or not they pay), a 3-day notice to quit will start the eviction process.

In the case of (c), a 60-day notice is required to terminate this lease. If the tenant refuses to move at the end (regardless of whether or not they pay), a 3-day notice to quit will start the eviction process.

With that said, the best advice is to not take the advice of anyone in such a forum as this. You are best to seek out official landlord/tenant rights for your state and jurisdiction from the source (try your library or call an attorney).

Unless you follow precisely the exact remedies as given by law, your unwanted "tenant" will remain a thorn in your side. And even if you do everything right and a judge agrees with you and orders her out, she may still stonewall you and force you to have the sheriff move her belongings. Worse yet, she could file for bankruptcy which gives her protection under federal courts, and this will further delay everything. This is often why some investors prefer honey over vinegar...they offer cash to the vagrant party as incentive to vacate.

Needless to say, to anyone wishing to purchase at an auction, do your homework first so that you reduce your risk to problems such as these. Ward Hanigan has an excellent article he published on how he gets these people out without much of a fight. A link to that article can be found at the bottom of this post. I'm sure that the process can be adapted to fit your state's timeline and procedures.

: I purchased a condo in Texas at a non-judicial sale. There isn't a right to redemption if purchased by a third party. The wife of the former owner still lives there, and refuses to pay rent or the assessments. The first assessments were due over a week ago and she didn't pay. This month's assessment is due soon and her electric bill, instead of going down went up by 60 dollars. It leads me to believe that she doesn't care about paying anything. I want to evict her. I was told that since she's a hold over tenant, I only had to give her 3 days. I will give her 2 weeks. Can anyone please confirm the 3 day limit and whether I can just give her the notice to vacate in person and what do I include in the notice. I was thinking : on such a date I acquired the property at.....Please vacate by....x date. Any suggestions appreciated. Thank you in advance. Katie.

• How to Evict After Foreclusre in 8 Simple Steps

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Comments:
: Katie,

: I can tell you how it works in California (which is most likely irrelevant to you in Texas).  For us, there are essentially three possibilities...

: (a) The former owner is in the house
: (b) The former owner's tenant is in the house (less than 12 month lease)
: (c) The former owner's tenant is in the house (greater than 12 month lease)

: In the case of (a), a simple 3-day notice to quit is sufficient to begin the eviction process.

: In the case of (b), a 30-day notice is required to terminate this lease.  If the tenant refuses to move at the end (regardless of whether or not they pay), a 3-day notice to quit will start the eviction process.

: In the case of (c), a 60-day notice is required to terminate this lease.  If the tenant refuses to move at the end (regardless of whether or not they pay), a 3-day notice to quit will start the eviction process.

: With that said, the best advice is to not take the advice of anyone in such a forum as this.  You are best to seek out official landlord/tenant rights for your state and jurisdiction from the source (try your library or call an attorney).

: Unless you follow precisely the exact remedies as given by law, your unwanted "tenant" will remain a thorn in your side.  And even if you do everything right and a judge agrees with you and orders her out, she may still stonewall you and force you to have the sheriff move her belongings.  Worse yet, she could file for bankruptcy which gives her protection under federal courts, and this will further delay everything.  This is often why some investors prefer honey over vinegar...they offer cash to the vagrant party as incentive to vacate.

: Needless to say, to anyone wishing to purchase at an auction, do your homework first so that you reduce your risk to problems such as these.  Ward Hanigan has an excellent article he published on how he gets these people out without much of a fight.  A link to that article can be found at the bottom of this post.  I'm sure that the process can be adapted to fit your state's timeline and procedures.


: : I purchased a condo in Texas at a non-judicial sale. There isn't a right to redemption if purchased by a third party. The wife of the former owner still lives there, and refuses to pay rent or the assessments. The first assessments were due over a week ago and she didn't pay. This month's assessment is due soon and her electric bill, instead of going down went up by 60 dollars. It leads me to believe that she doesn't care about paying anything. I want to evict her. I was told that since she's a hold over tenant, I only had to give her 3 days. I will give her 2 weeks. Can anyone please confirm the 3 day limit and whether I can just give her the notice to vacate in person and what do I include in the notice. I was thinking : on such a date I acquired the property at.....Please vacate by....x date. Any suggestions appreciated.  Thank you in advance. Katie.


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