My question involves an eviction in the state of: TEXAS
I own a rental property in the State of Texas. My tenant moved in June 1, 2012. It was suppose to be her, and her children. No one else and no animals.
She paid June and the deposit on time and no problems.
Beginning in July, she paid $500 on the first and nothing after. (She stilled owed $650)
I sent the late notice, then the notice to vacate. Once she received that, she finally returned my calls. She stated she had had a stroke in July and was unable to work and was awaiting a short term disability. I then informed her I'd come see her in person. (The house is in Lubbock, I live in Austin) So I drove there, she did PROVE to me she had a stroke.
I felt bad for her, agreed to accept the $650 by the 30th of July and I would waive late fees. She paid July and now comes August.
(I'm aware my compassion was a stupid move.)
She has NOT paid August. So once again, late notices sent, notice to vacate sent. She ignores me all month.
So I send her a notice that I'll be coming for a property inspection on August 26th. She receives this notice and stated she plans on moving out September 1, 2012. (she tells me this in text messages that I've saved. I use google voice) She also tells me she won't be home the 26th when I plan on arriving. No big deal. I arrive at the house, pull out my video camera and record my entire process.
I rang the door bell three times and knocked twice. I then entered the property and yelled Land Lord three times. (All of this is on film)
I searched the entire house, no one home, looked around, checked appliances etc. I found a dog in the back yard and evidence of an adult male living there. Filmed all of this and left.
15 minutes after I leave my tenant calls me screaming and cussing about how I scared her minor son and he hid under the bed when I arrived. I told her I announced myself and no one replied. She hung up.
She then calls back and says "get your ass back over here".
So I turn around and head back. When I arrive, she is there with all her children and the adult male. (Adult male stays in vehicle)
She begins to tell me when I step out of my vehicle that she's called the police on me for "Criminal Trespassing".
I try to show her the notice I'd sent telling her I would be there that day. (I sent it certified)
She ignores it so we wait on police.
Officer arrives within 20 minutes, speaks to her, she makes up some horror story on how I didn't announce myself and scared her child because I carry a gun.
Officer tells her to take 15 steps back then calls me over.
Asks me if I am the owner and if I gave notice. I said yes to both. Then asks what happens. I show him the video. He says "good job" and informs me of who is in that car behind me. (The adult male, is a notorious felon in Lubbock and he's been living there without my knowledge)
I then tell the officer my tenant claims to have a firearm and if he truly lives there as an ex felon that is illegal. The officer tells me to get my things and I can go. So I have no idea what was said after I left.
She text me and stated that if I ever arrive again she will leave dog in house to "handle me".
The next morning I go down to Lubbock County and file eviction. My court date is Monday.
She text me yesterday and said "see you in court I didn't move out Saturday."
I didn't reply. I did however call Lubbock to get a copy of the police report. It states what was said and what happened. The officer DID note on their that the tenant states she was moving out the 1st.
My questions:
- I have EVERY email and text message ever exchanged between her and I. I recorded the conversation we had in person via calling my Google voice line. I recorded me entering the home. I have all letters I ever mailed her and their certified receipt stapled to them. I have my account statements showing she never paid and a signed lease agreement.
Does she have a defense? Or is she just someone looking for a free ride as long as possible?
I am evicting her on the grounds of an authorized pet, an authorized adult male and unpaid rent.
She has threatened me with the dog. When I arrive Sunday before my court date, I plan on going by the house to film it again encase something has been destroyed since. If that dog is in the home, what are my rights? Can I call animal control? If it bites, I am legally allowed to defend myself yes ? I'm a Texas CHL holder and that's my property.
I have a friend who works as LEO in Lubbock. I'll ask him to accompany me to the house Sunday. If he can't, I still need to go.
Is there anything I need to be aware of for court? I feel I have prepared well, but I am no lawyer, just very OCD and I save everything.

