Texas Eviction - Posted by Ben (TX)

import · May 20, 2005, 2:00pm

Posted by Ben (TX) on May 23, 2005 at 13:49:43:

Thanks Dealmaker!!!

No, they don’t want to exercise their option. They want their option fee back, of course. The option clause is a separate document, altho it does have a clause that revokes the tenant’s rights in the event of default on the underlying lease.

3 day period is up tomorrow…

Thanks again,
ben

import · May 20, 2005, 2:00pm

Texas Eviction - Posted by Ben (TX)

Posted by Ben (TX) on May 20, 2005 at 14:00:28:

I’m having to evict tenants for non-payment of rent in Texas. They are 7 months into a 12 month lease with a separate option contract.

Do I have to file papers or suit to terminate the lease and the option for default, or is that done by the Forcible Detainer suit???

Thanks!
-Ben

import · May 22, 2005, 9:17pm

Re: Texas Eviction - Posted by dealmaker

Posted by dealmaker on May 22, 2005 at 21:17:56:

Without seeing your paperwork let’s address them as two seperate issues, since IMO if it’s done right they’re two seperate documents.

A forcible detainer is a piece of cake, assuming you’ve done all your work up to this point, 3 day notice etc. In which case, why are you waiting, it’s the 22nd of the month. Evicting them terminates the lease.

Let’s face it, they’ve probably already decided not to exercise their option to purchase, even if they’re telling you otherwise. IMO the “purchase option” will become void (or voidable) upon the eviction.

Get thee to the JP’s office tomorrow.

dealmaker