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Legal question-Property management vs tenant

dallaswareagle

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Legal question-Property management vs tenant
« on: May 10, 2013, 11:41:32 AM »
I have a tenant (commercial) whose lease expires at the end of this month, he is one of those difficult folks (always late with rent-etc) my questions is what rights do I have once the lease expires? On June 1st can I lock his ass out because he won’t have all his stuff out of there? The place is trashed so I am sure he knows he won’t get his security deposit back, but I am afraid he plans on pretty much trashing the place fully.   

Never had this problem before.

I know someone one on here cares.
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A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.' That is Honor, and there are way too many people in this country who no longer understand it.'

AWK

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Re: Legal question-Property management vs tenant
« Reply #1 on: May 10, 2013, 11:50:10 AM »
It all depends on the state.  Generally speaking though, most states have Landlord-Tenant Acts that lay out the law in situations like this.   Specifically, there is an Alabama Landlord-Tenant Act.  My non-educated opinion is that if the lease expires on May 31, 2013, and it is not renewed by either party, then the tenant has to be out with all of his stuff by the end of the day on May 31.  However, I don't know Texas law...so.

This should help though:

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&sqi=2&ved=0CD8QFjAD&url=http%3A%2F%2Frecenter.tamu.edu%2Fpdf%2F866.pdf&ei=9xaNUc2-FIas8ASZ7ID4Ag&usg=AFQjCNEcC9wvHdvIwvxQHY8LEPQeRHTRxQ&sig2=xw66ECtc-fl2Jyy3qascfQ&bvm=bv.46340616,d.eWU&cad=rja
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Snaggletiger

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Re: Legal question-Property management vs tenant
« Reply #2 on: May 10, 2013, 11:53:18 AM »
The lease agreement itself may lay out the terms of notice of renewal/non-renewal.  Make sure that they are or are not in there.  If they are....abide by them.  Don't let the term run and just lock him out without proper notice of your intent not to renew. You may be required to give a month's notice so I'd advise him immediately. 
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dallaswareagle

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Re: Legal question-Property management vs tenant
« Reply #3 on: May 10, 2013, 12:16:43 PM »
It all depends on the state.  Generally speaking though, most states have Landlord-Tenant Acts that lay out the law in situations like this.   Specifically, there is an Alabama Landlord-Tenant Act.  My non-educated opinion is that if the lease expires on May 31, 2013, and it is not renewed by either party, then the tenant has to be out with all of his stuff by the end of the day on May 31.  However, I don't know Texas law...so.

This should help though:

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&sqi=2&ved=0CD8QFjAD&url=http%3A%2F%2Frecenter.tamu.edu%2Fpdf%2F866.pdf&ei=9xaNUc2-FIas8ASZ7ID4Ag&usg=AFQjCNEcC9wvHdvIwvxQHY8LEPQeRHTRxQ&sig2=xw66ECtc-fl2Jyy3qascfQ&bvm=bv.46340616,d.eWU&cad=rja



Thanks-Why do people have to be such dickheads? 
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A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.' That is Honor, and there are way too many people in this country who no longer understand it.'

AWK

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Re: Legal question-Property management vs tenant
« Reply #4 on: May 10, 2013, 12:38:26 PM »


Thanks-Why do people have to be such dickheads?
No clue...but there are a lot of them out there.  Also, read Snaggle's post.
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Redskins cornerback DeAngelo Hall said, "Guys don't mind hitting Michael Vick in the open field, but when you see Cam, you have to think about how you're going to tackle him. He's like a big tight end coming at you."

WiregrassTiger

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Re: Legal question-Property management vs tenant
« Reply #5 on: May 10, 2013, 12:53:15 PM »


Thanks-Why do people have to be such richardheads?
I sympathize with you. I've experienced it a few times myself. My only advice is to do what you have to do to get them out of there and be careful doing it. Things usually only get worse with bad tenants. There are people out there trying to set you up and then sue.
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