Collecting Past Due Rent And Other Dues

Collecting Past Due Rent And Other Dues

Collecting past due rent is not the only concern a landlord has once eviction is underway. During the process of evicting a tenant in Texas, other expenses that are not covered by rent can accumulate such as; late fees, returned check fees, compensation for damages to the property, and even attorney's fees. Unfortunately, the overwhelming majority of these debts are not recoverable in an eviction or forcible entry and detainer case because of the specific language in the Texas Rules of Civil Procedure. To pursue compensation for these items, they must be brought as a completely separate suit.

How to Collect Rent From an Evicted Tenant

Unfortunately, actually collecting past due rent after an eviction judgment is not always an easy and straightforward process. Generally, you may pay the court clerk to issue a document called an "execution". This document is then delivered to the constable's office, allowing the constable to go and seize the eligible property of your evicted tenant. These items can be auctioned, wherein the proceeds will be delivered to you minus the fees involved. However, Texas law states that certain property cannot be subject to this process. These items are known as "exempt". Exempt items generally include a person's homestead, current wages, a personal vehicle, etc.

Additionally, the Justice of the Peace courts also has a limited jurisdiction and cannot award the landlord more than $10,000.00 in damages or unpaid rent. This limits your ability as a landlord to collect on a judgment against your evicted tenant.

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