Breach of Lease Eviction
by Shana Hill
06 Sep 2018
The Texas Association of Realtors Lease Agreement is the gold standard for leases in Texas and is sixteen pages long. Tenants and landlords are each required to initial each page and then sign the last.
It is a binding agreement to pay rent for a set amount of time and maintain a home. Why is this best left to a professional? Because a professional will what to do when things don’t go according to plan in that sixteen page document.
See Section (9)A. of the lease which discusses the rules around pets which states: Tenant may not permit, even temporarily, any pet on the property unless agreed to otherwise in writing.
We have recently begun to do select un-announced exterior inspections of homes and have learned that we can find out a lot more about tenants and homes this way. For instance I had an opportunity to meet these three guys:
Possibly adorable, but with no pet addendum present you can imagine our surprise at not one additional unauthorized pet, but three – and all across the spectrum at that!
A pitbull, a great dane, and a chihuahua. An utter nightmare for most insurance companies, who also like to do un-announced inspections. After proper notification and an attempt to communicate with the existing tenant on the lease violation issues, we had to move to file a breach of lease eviction to get some compliance.
First, an email was sent along with a picture notifying the tenant of the violation. Then a certified letter, providing a reasonable allowance of seven days to remedy the matter (remove the dogs). If no response from the tenant – then we file the eviction and would go to court about the unauthorized pets.
Thankfully, we came to an amicable animal agreement with the tenant and they went to a relatives home.