Eviction. Tenants requested a Jury Trial. Jurors found for the Landlord and awarded him $867 in prorated Rent Court Costs.

Asked by Richard Kolton, Austin, TX Wed Jun 20, 2012

So today, the 20th of the month, The Landlord was owed $867 in ProRated Rent and $575 in Late Fees. Well after notice was served, time expired and filing they they dropped off a $1300 Money Order for rent but no late fees. In the proceeding we were not allowed to ask for Late Fees even though it is on a Standard Residential Lease. How does the Rent Roll run from here? Does he adjust off rent and uncollected Late Fees against the amount of the Judgement and start prorating rent beginning tomorrow while we wait through the Appeal Process? We do not THINK they have the needed $1300 to post with a Paupers Affidavit but assuming they do and this gets to County Court, is he able to request the late fees? Realistically, How long can a tenant simply drag out the process? Anything I might not have thought to ask that you can offer would be appreciated.

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irene.stump, Home Buyer, Vail, AZ
Thu Oct 31, 2013
This is not a good email address for Bryan White
0 votes
Bruce Lynn, Agent, Coppell, TX
Wed Jun 20, 2012
Well you have a lot of issues here. You need to speak to an attorney for legal matters.

We're lay people. I can't figure out all the details from your post, but a couple of ideas would be that anything they pay goes to late fees first and then rent, so they still haven't paid rent.

Some JP don't like late fees and especially if they consider them unreasonable.

So who appealed...landlord or tenant?

If they're late this month, they'll be late next month, so you can probably file a new suit then.
They'll get the message.

Also see if you can move the venue to a court far away from the unit.
0 votes
John Crowe, Agent, Austin, TX
Wed Jun 20, 2012
If the jury found for the landlord, the tenants have five days to appeal. After that, the landlord should obtain a writ of execution - meaning the constable will visit and remove the tenants. The court doesn't recognize late fees, even though they are included in a lease agreement. That the tenants paid any amount is a good thing. In my experience, tenants fail to pay rent because they don't have the money.

Find a good real estate attorney to answer all of your questions.

Good luck.
0 votes
Cynthia Bell, Agent, Cedar Park, TX
Wed Jun 20, 2012
I highly suggest speaking with a real estate attorney that specializes in landlord/tenant law.
0 votes
Richard Kolt…, Agent, Austin, TX
Wed Jun 20, 2012
I'm sorry. I thought I was pretty clear. We filed for Eviction and today was the Jury Trial. The Jury awarded the Landlord Possession and prorated rent through today plus court costs.

They are not volunteering to leave and no settlement could be reached so we went to trial and they requested a jury trial.

He won.

The question is in regards to rents from here forward.

On his books, as of today the 20th or the month they owed $1875 and they had tendered a $1300 Money Order. The Eviction process did not deal in Late Fees. Simply the Rent.

So today he is still owed $575 in Late Fees and has been awarded rent through today.

If they get out before they have to be put out he is OK as he has Security Deposit to cover unpaid Late Fees as well as potential damages. But if they wait out the process, do we stop the clock on the late fees today? Another question I need to ask is what can be recovered from the Security Deposit? After Damages to the Property are repaired, the unit is cleaned is he allowed to deduct the costs of re-letting the unit as well?
0 votes
Mia Sanchez,…, Agent, Austin, TX
Wed Jun 20, 2012
Were they evicted by the Judge/Jury? In order to end the process request eviction and even if they do move out be sure to still ask for the eviction. It is the only way to end the process. In my little experience with Travis County you can get an eviction with late fees, back rent and court costs. Bryan White at bryanwhite.inc@gmail was very helpful with me on my case. Good luck.
0 votes
This is not a good email for Bryan White
Flag Thu Oct 31, 2013
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