My (currently ongoing) first eviction suit as landlords, in Austin Texas =_=" (apartment, lease agreement)

[bitter.chocolate]

Hi everyone, kind of new to being landlord here. My current tenant is only the second I've been dealing with and also the first of whom I have to evict for non-payment. I have some questions and would greatly appreciate if someone can help me out.
Ok, this guy has been late on paying rent ever since the very first month of the lease and I have had it since June. In late June, I sent him a rent reminder (certified mail, RRR) that stated rent would be due on the the 5th of every month (as written in the original lease) starting in July, no partial, nor late, payment accepted ever again for the rest of the lease term.

I tracked it several days later and found that a delivery notice was left at the house but he had not claimed it yet. On the 6th, I sent him another "3 day Pay or Quit" by both certified mail, RRR and by express mail. This time, I got the receipt with his signature indicating he got the mail by the 7th (on Thursday). I went ahead and file an eviction suit on the 11th and so, currently awating the for the court day toward the end of the month.

Since he received the notice on a Thursday, does the "3 day" period in Texas count Saturday or Sunday? Is there possibility it may set me back during court hearing?

If he does pay up the rent during the 6-day period after the constable serve him the court notice but I still want to evict him, what's legally needed to be done regarding the payment? Do I refuse and send it back?

Can I ask the judge for money judgement for damage in case I'll find my house destroyed after re-possession, in addition to rent owed? I'm pretty sure the house would not be remotely near to be sightable after I get them out


Oh... before I rented the house to him, my dad did some construction on the property without obtaining proper permission from the city (I know :<). It got discovered after half way through the lease term. He then applied for permission but was denied and given a year to take the construction off. The tenant knows about this. Will this be a problem?

Thanks in advance, guys

[ShaneSA]

The 3 day notice should have a certification that it was posted in a prominent place on the property. You do not have to hand it to the tenant. You already have a court date with a JP.
You can also refuse to accept the rent and get the court eviction. The JP may try to negotiate that he can pay the rent and all late fees and stay. You can choose to accept it or not.
The court will give the tenant a 5 day period to move. the tenant will proably stay until the elenth hour and leave. If not, you will have to go back to court and get a writ of possession. Then the sheriff will go with you to allow you to remove all the contents(in a peaceable manner). that means you can take everything and put it on the street.
You can ask for damages to the apartment, but it's eviction court. You only get eviction. You need to go to small claims court for damages. But why bother, he can't pay the rent, do you think he can and will pay a judgement?
As a landlord, move on, fix the place up and rent it out again.
I would also reccomend learning the Texas LL/tenant laws. There are several web sites with the laws and how to intupret those laws. Get friendly with someone who has been a LL for a while and learn from them. it gets easy when you know the rules.

[bitter.chocolate]

just return from the court hearing. The judge gave the tenant 1 day to pay the rent and, if he'd pay, he could continue to stay. I told the judge I didn't agree to that and that I wanted him out immediately but the judge forced decision on me. Is this even legal and right? Urrggg...
what should I do?

[STT Resident]

Sounds like a rough break and a highly unusually lenient decision from the judge. Does the tenant also have to pay late fees, court costs, as well as the rent? How much longer is the lease in effect? Obviously you won't be renewing it. In the meantime, slap on late fees as outlined in your lease agreement and if he continues to default I guess just keep taking him to court.

[bitter.chocolate]

Thanks for replying.
The judge actually gave a similar decision to another eviction case before ours.
Maybe becuase I was stuttering and nervous a little bit but, I mean, it's my first time in a legal courtroom, even though it's informal. *sighed*
My phone rang during the hearing (ARRRGGGG... I know). I swore I turned it off before I enter the room but gosh, I didn't know the wake-up alarm could get past that. I don't even know how...
Anyway, the lease did specify the late fee. It'll end in November; 4 more possible months to deal with this bs!!!
If he pays the rent and not the late fee, can I still evict him? The judge said the rent, but didn't said it must be all or partial.

[okaydorothy]

Here in nY, if the tenant offers you even one dime, you must take it. I have seen cases thrown out as the landlord refused to take the tenants payment even though it was not for the whole amount. The judge said that they offered you a payment, even though it wasnt the full amount, you refused. So now you have to refile in full again.

[CptnRn]

For Texas, this website is very useful: Austin Tenants’ Council/Tenant-Landlord Fact Sheets

In my opinion you can evict for an unpaid late fee. Make sure it is within the limits the law allows.

[bitter.chocolate]

time's up... and they're so going to feel the effect coming next week, irresponsible tenants... MUAAHHHHHHH.....AAAHHHHHHHH