When Do You Kick a Tenant Out?
So you have made a mistake and ended up with a bad tenant. This is something a lot of Texas commercial real estate owners can attest to. So what can be done? As an owner of Texas properties, you might be tempted to just kick that bad tenant out into the streets but just as there are laws that protect you, there are also laws that protect tenants and you need to have a legal reason to kick them out of your Texas properties. Below are some grounds to kick tenants out:
- Tenant does not pay rent. This is perhaps one of the best reasons to kick out a tenant but you can’t just change the locks and board up the doors to the commercial space. You will need to go through the proper legal channels. Now, some cities and counties might allow for a buffer period when it comes to rent payments but if you are suffering from a tenant that makes a habit out of late or non-payments, then you have grounds for eviction. Whenever your tenant is late with the payment, make sure you create a paper trail of Late Rent Notice papers and keep copies for your file. This way, you have proof to show in court.
- Tenant violates rental or lease agreement. When you wrote your tenant rental agreement, it is safe to say that you had taken the necessary steps to ensure that everything was clear and concise. When your tenant signed that agreement, it meant that he agreed to everything you said and everything you wanted as per the agreement. So what happens when your tenants violate your agreements? Then you have every right to go for an eviction. For instance, if you insist that no food shall be cooked in the commercial space yet you find your tenant building a kitchen, then you can start the eviction process. However, you need to make sure that you keep up your end of the agreement as well. As landlord of Texas properties, you need to take note of what you have written on your agreement so you do not open yourself up to small claim cases by neglecting your end of the bargain.
- Tenant causes damage to property. Before you get mad at your tenant for damaging your property you have to make sure you know the difference between “damage” and “wear and tear.” It might hurt your heart to see scuffs on the floor and smudges on the stainless steel fixings but they do not qualify as damage by any means. However, if the tenant tears down a wall or punches holes on the floor, then you definitely have grounds for eviction. If your tenant does repairs on any damages he has done to your commercial space then you may or may not have grounds for eviction.
As a landlord, you have every right to evict tenants if you have grounds to do so. However, you need to have legal grounds and you will also have to keep your end of the deal.
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