Eviction from a Non-Residential Storage Property

[Travis Shiflett]

My question involves an eviction in the state of: Texas

I own a 4,000 sq.ft barn that I am leasing to an individual that has been late on the rent for at least 3-4 months, he has not yet paid the rest of last months rent nor has he paid anything towards this months rent. He has damaged the side of the barn by running my tractor into while working. He also severely damaged my tractor, so much so that it is now ruined not worth fixing. I was thinking of having him evicted and taking him to small claims court for the damages. Is there anyway I can seize his stuff as payment for the damages? He also has several trailers and diesel tanks located outside of the barn that was never part of the agreement. He has been lying to my father about our property, saying that he will fix it. My father is disabled and confined to a hospital bed so he could not see for himself. I work 50+ hours a week, plus school so I could not watch over the property as well as I wanted to. What is my best course of action? We do not have a written lease either just a handshake agreement.

[Mr. Knowitall]

You chose not to have a written lease agreement, so you have clearly not reserved yourself any special remedies against the property of your tenant. However, an oral lease is sufficient to fall under Texas law governing self-service storage facilities, if your premises otherwise fit the definitions and statutory requirements. See Chapter 59 of the Texas Property Code, and the applicable statutes allow for a lien against stored property. (Read them and see how well they fit the details of your case.)

What does your father have to do with this - if it's your land, not your father's, it's entirely up to you whether or not you would continue the tenancy. If when you say "our property" you mean that your father is co-owner and wants the tenancy to continue, you had best work things out with your co-owner before deciding how to proceed.

[Travis Shiflett]

My dad is the owner but can not leave the house because he is bedridden. He is upportive of getting rid of him. I changed the locks on the building and noticed family to call the police of he goes out there. How can I sell his stuff

[Mr. Knowitall]

If the landlord doesn't care that the tenant isn't paying rent, that's his right. If you believe your father is not legally competent you can petition a court to give you authority to manage his financial affairs, but unless and until he or a court authorizes you to do so you have no right to evict his tenant from his property.

You chose to illegally evict the tenant? Let us know what happens.

You're not the landlord so, even if this fell under the aforementioned statutes, you have no right to keep or sell the tenant's belongings

[jk]

How can I sell his stuff

You planning on starting an account to pay your bail and lawyer from?

As K states, you do not have the right to do anything, on your own accord. If dad asked you to lock the barn, then you can lock the barn (doesn't make it legal though) but when it comes down to it, if court is involved, dad is who is going to have to deal with this (or a lawyer he hires)

[Travis Shiflett]

My dad wants to get rid of the guy, so do I. He has caused a ton of damage to both the barn, my tractor, land and etc...
My dad cannot leave the house he has MS

[jk]

Ok, let's go with that. Is there a lease or is this month to month?

btw: if it is your tractor and not dad's, you can act on that, without your dad's involvement. In fact, just as you cannot fight your dad's battle in court, he couldn't fight yours so you will have to act on your own for that.

[Travis Shiflett]

Month to month, is the law that anal that I will get in trouble for acting for him

[jk]

is the law that anal that I will get in trouble for acting for him

Not sure what you mean. If you mean that you act in place of your father, then it's not that they are anal but that you have no authority to act, in court, for your father and the case would get tossed.


did you ever go to the link Mr. K provided to determine if that applies to you (dad)?

has anybody sent the tenant a demand letter seeking payment of the past due amount? or any other correspondence?

[Travis Shiflett]

I have called him, he refuses to answer his phone, my dad has called him and he does not answer. I called a locksmith to change the locks and that's when I noticed the door had been forced open. We think he may have been living there because he cut holes in the side of the barn to install a washer and dryer. All this damage how do I get absolution? Do I need to send him a notice that he has not paid? Even though he knows he did not pay? I posted a notice on the barn informing him of his unpaid balance and that we would give him a key if he paid the remaining balance on his rent. We are looking to take him to small claims court over the damages to my dad tractor, the barn and the land. I'm trying understand all this. I don't have much time to deal with this as I work 50 plus hours a week and go to college part time. I wish people had some integrity and would not take advantage of man in a wheelchair. But this is the real world, I'm pretty sure chapter 59 applys here, thanks for the help though I'm sorry I don't understand all the legal stuff I'm a gunsmith by trade not a lawyer