My question involves an eviction in the state of: Texas
I have a tenant who is not paying rent starting the month of Nov., nor he is leaving. The tenant informed me about the situation that he is not going to pay and that he has nowhere to go at the end of October. I offered him $300 to move out by the end of first weekend (Nov 6), but he did not. I then offered him $200 to move out by the end of second weekend (Nov 12), but he did not. He kept on insisting to give him $200 before he moves out so that he can rent the truck, but I am not comfortable giving him the money in advance before he moves out. Long story short he is still in the house.
In the meantime I have started the eviction process. I waited out the initial 4 days to make the rent late, then applied for the notice to vacate which was delivered by constable on Nov 7. Waited out 3 more days, and now I have got the date for hearing which is the end of Nov. But if he moves out sooner it is better for me.
Anyway I plan on sending him a letter, to put pressure on him, stating that he now needs to move out by so and so date, or else I may proceed with the charges (in addition to eviction) including but not limited to the back rent (which is November's rent), late fee ($25 per day) etc. And I was looking at the lease (it is a standard lease) and in the DEFAULT section it says:
"All unpaid rent which are payable during the remainder of the lease or any renewal period will be accelerated without notice or demand"
I am thinking that "rent ... will be accelerated" means that the rent of all the remaining months which is up to Dec. 2012 (13 months) is due immediately upon default. If this is the case, the amount comes out to be over $20,000. He would surely be worried to see such an amount.
My question is, is my understanding correct? Can I send him a letter that includes this kind of amount? I can refer to that section in the lease. Is there any consequence to mentioning this amount in the letter?
Last thing I want is him bringing that letter into the court and somehow make it go against me on the hearing date for eviction case.
It would be great if I can find an attorney to write that letter for me and send it out. That should scare him. Would an attorney do that? I am willing to pay $100 or so for that letter.
Do you guys have any other suggestion that I can do at this point? Can I change the locks when he is not present?
Please advice. I will really appreciate it.