Rights on your property when you are Renting it out.

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tiger1873
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Rights on your property when you are Renting it out.

#1

Post by tiger1873 » Tue Jan 05, 2010 11:33 am

I have a question? What is the law on a property you own but rent out to someone? I have some tenants who it looks like I may have to evict for non payment. Of course the renters are upset since I am starting eviction proceedings. I have to enter the house to post notices of eviction acording to the law. I have the legal right to be there but it not exactly a welcoming situation.

I am waiting on my chl and I know it would legal if I had it since I would not allow a 30.06 on the house. I know can have it in my car (which I do) while I wait. So Even though I don't live there is it okay for me to carry on the property since I own it.
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Mithras61
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Re: Rights on your property when you are Renting it out.

#2

Post by Mithras61 » Tue Jan 05, 2010 11:44 am

Can you could get a Deputy or other LEO to accompany you while posting the eviction notices?

I know you USED to be able to, but can you still?

I dated an apartment manager several years ago that did this on a pretty regular basis for evictions (of course, it may have just been a volunteer service not one usually provided).


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Re: Rights on your property when you are Renting it out.

#3

Post by Rex B » Tue Jan 05, 2010 11:56 am

I think the Castle doctrine law is worded "..premises you own or control"
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seamusTX
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Re: Rights on your property when you are Renting it out.

#4

Post by seamusTX » Tue Jan 05, 2010 11:57 am

The law (PC 46.02) says that you can carry a handgun "on the person's own premises or premises under the person's control."

However, it's not clear how you can get there legally, unless you can park a vehicle on your property.

IMHO, getting into a gunfight with people with whom you have an ongoing dispute is a recipe for disaster. Using the services of lawyers or law enforcement personnel seems like a better option.

BTW, I once had a tenant threaten to kill me. He was just a drunk with loose lips.

I completely swore off renting property after several incidents of that sort.

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Re: Rights on your property when you are Renting it out.

#5

Post by joe817 » Tue Jan 05, 2010 12:01 pm

Although you DO have to serve written notice to vacate, as part of the eviction process, what I've found is that there is no requirement for you to enter the structure:

"The notice to vacate - If a landlord alleges a tenant is not paying rent, the Landlord is required by law to give the tenant written notice to vacate the premises. This notice can be delivered to the tenant personally with a witness, by certified mail (return receipt requested) or by any other method allowed by law. Unless your lease specifically states otherwise, the law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked. "

For more info: http://www.rentlaw.com/eviction/texaseviction.htm" onclick="window.open(this.href);return false;

Eviction process I've been involved in was done via certified mail, return receipt requested.
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tiger1873
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Re: Rights on your property when you are Renting it out.

#6

Post by tiger1873 » Tue Jan 05, 2010 12:53 pm

I know about the registered mail part. I haven't filed yet and there is hope that they may still pay and if they do I will have to accept the payment as I would have no grounds to evict them. The Notices are way for me to see them so can ask them when they plan on paying rent. So far they haven't threatened me. If they did I would hire a attorney in a heartbeat.

Obviously the situation can be a tense one and you just never know what your going to deal with. I can park on the property so no problem with getting there legally. I also want it concealed well and hopefully they will never know I have it.

My biggest concern even though I own the property I do not control the dwelling since they rent it? Since they are in control of the dwelling theoretically the castle doctrine could be invoked against me even though I have the right to be there.
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Re: Rights on your property when you are Renting it out.

#7

Post by seamusTX » Tue Jan 05, 2010 1:03 pm

The law says own or control.

What the owner of rented or leased property can legally do is a messy area of law, which I know practically nothing about.

Castle Doctrine is a justification for the use of deadly force only when a person is "unlawfully and with force" entering a premises or vehicle. But if a tenant shoots you, the fact that he will be convicted of a felony is cold comfort.

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Re: Rights on your property when you are Renting it out.

#8

Post by glinke » Tue Jan 05, 2010 3:37 pm

We had a couple of rent houses and still have one. The law says that you do not have to post the notice inside the door if you feel that you would be in danger to do so. For example if the tenants have a dog in the house. I would think that the threat of being shot or attacked on entry would qualify as being in danger. I have always securely taped the notices to the outside of the front door. Of course Precinct 1 in Denton is extremely landlord friendly.
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Re: Rights on your property when you are Renting it out.

#9

Post by ninemm » Tue Jan 05, 2010 8:02 pm

Maybe the law has changed but the last time I had someone evicted, I just filled out some papers and paid a fee at the courthouse. As I understand it, a constable served the papers. Unfortunately, where my property is located (which determines in which court/precinct you file), the judge is very pro-renter. After I filed, I had to wait 60 days for a hearing. In the meantime, I had to leave the tenant alone. Naturally, she never paid another dime. Finally, at the hearing, she produced copies of money orders she claimed she sent in payment of rent. What she would do was get the money order, make a copy of it and then cash the money orders. All she was out was the fee for the money order. Although it was fairly obvious what she had done, the judge gave her another 60 days to get copies of the cancelled money orders. Just before the next hearing, she moved out. She didn't appear at the hearing and I got a judgement only for the rent not paid up to the time I originally filed for the eviction. The judge basically gave her 4 months free rent. I never collected another dime from her. After that, I required an applicant to pay for a credit check and have credit score of at least 730 and raised the rent by 25%. Best move I ever made.

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Re: Rights on your property when you are Renting it out.

#10

Post by Oldgringo » Tue Jan 05, 2010 8:19 pm

You might want to check with your insurance agent/carrier.

A friend of ours rented their house in Huntsville, AL - through a real estate firm - when they went on assignment out of state. Upon receipt of the eviction notice, the renters trashed/wrecked the place big time and the real estate firm pulled a Pontius Pilate. Only by filing criminal charges against the renters could our friends get their insurance company to come forward with damage coverage.

IANAL, and our friend has since died. Just sayin...
Last edited by Oldgringo on Wed Jan 06, 2010 9:29 am, edited 1 time in total.

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Re: Rights on your property when you are Renting it out.

#11

Post by boomerang » Wed Jan 06, 2010 12:10 am

tiger1873 wrote:I am waiting on my chl and I know it would legal if I had it since I would not allow a 30.06 on the house. I know can have it in my car (which I do) while I wait. So Even though I don't live there is it okay for me to carry on the property since I own it.
I'm going to ignore the eviction issue and other landlord tenant problems for a moment.

Suppose someone owned rental houses and had tenants who pay cash. It looks like they would be completely legal to park in the driveway of their rental house and walk to the front door to collect rent while carrying a handgun. If they're legal under MPA, they could carry in their car too. If you're paid cash rent, it's probably a good idea to carry. Not because of any problems with your tenants, but because of opportunistic criminals.
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Re: Rights on your property when you are Renting it out.

#12

Post by surprise_i'm_armed » Wed Jan 06, 2010 12:36 am

IIRC, there was a landlord shot to death in Fort Worth a few years ago
by kids in the area who knew that it was rent day and he had big
cash on him since he had collected from multiple tenants.

Anyone remember this unfortunate incident?

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tiger1873
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Re: Rights on your property when you are Renting it out.

#13

Post by tiger1873 » Wed Jan 06, 2010 10:28 am

well I was able to post on the door no problem. The property is in Collin County so I am in landlord friendly territory. I don't accept cash for the very reason stated above. I am usually not worried about tenants shooting me since I did a background check on them and I don't rent to anyone with a criminal past.

For me being a landlord is a big reason for me to get a CHL. You jut never know if anyone will crack under stress or worse yet the criminal element may think your a good target. Of course though for me the more I think about the more situations I have found that makes sense for me to want to carry.
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Re: Rights on your property when you are Renting it out.

#14

Post by 13MWZ » Fri Jan 08, 2010 5:03 pm

If your thinking there may be trouble, why risk it? Call your counties sherrif's office and ask to have a deputy or constable present for it. If things go for the worse you will have a profesional there, and hes presence alone will help deture your tenants from doing anything haisty.

I could be wrong, but you might even be able to have a constable deliver the notice, after all part of their job is to serve civil documents.


Sorry, didnt see your last post. Glad all went well!

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