Evicting a tenant can be a complex and emotionally charged process, particularly in a state like Texas, where tenant rights are strongly protected.
At Manning & Meyers, we understand the intricacies involved in tenant eviction cases and the potential defenses tenants may use to contest an eviction. Being unprepared for these defenses can leave you in limbo as you try to complete the eviction process and move on to a new renter.
Let’s explore two common defenses tenants might raise and how working with experienced eviction attorneys can help landlords and associations effectively navigate these challenges.
Defense 1: Acceptance of Late Rent Payments
One of the most common defenses tenants use in eviction cases is the argument that the landlord has previously accepted late rent payments.
When a landlord consistently accepts rent payments after the due date without taking immediate action, it may inadvertently establish a precedent that late payments are permissible. This can weaken the landlord’s position in an eviction case based on non-payment of rent.
Fortunately, you can take a few simple steps to steer clear of this defense option from the start.
Clear Lease Agreements
Before handing over a lease agreement to a tenant, ensure that it explicitly states the due date for rent payments and the consequences of late payments.
Your lease agreement should include a clause that states acceptance of late payments does not waive the landlord’s right to enforce the lease terms in the future.
Consistent Enforcement
Be consistent in enforcing lease terms when collecting delinquent assessments or rent. If a tenant pays late, issue a written notice immediately highlighting the breach and any applicable late fees.
Avoid accepting partial payments without clearly agreeing on how and when the remaining balance will be paid.
Document Communication
Keep thorough records of all communications with the tenant regarding late payments and any agreements made. Written communication is preferred over verbal to avoid disputes about what was said.
By implementing these strategies, you can strengthen your case if you need to pursue eviction for non-payment of rent. However, navigating these nuances can be challenging, and an experienced eviction lawyer can provide invaluable guidance.
Defense 2: Uninhabitable Living Conditions
Another significant defense tenants might use is the claim that the rental property is uninhabitable. In Texas, landlords are required to maintain their properties in a condition that is safe and habitable. If a tenant can prove that the landlord failed to address critical repairs or maintenance issues, they may have a valid defense against eviction for non-payment of rent.
Once again, fighting this defense depends on you being proactive as a landlord or association board member.
Regular Property Inspections
Conduct regular inspections of the property to identify and address maintenance issues promptly.
Document all inspections and repairs to demonstrate ongoing maintenance efforts.
Prompt Response to Repair Requests
Respond to tenant repair requests in a timely manner. Texas law requires landlords to address safety and health issues within a reasonable timeframe, typically seven days.
Keep detailed records of all repair requests and actions taken, including dates and communication with contractors.
Clear Communication Channels
Establish clear communication channels for tenants to report maintenance issues. Encourage tenants to report problems in writing to ensure there is a record of the request.
Provide tenants with an emergency contact for urgent repairs outside regular business hours.
Despite taking these precautions, disputes over habitability can still arise. In such cases, having an eviction lawyer who understands Texas landlord-tenant law can help you present a strong defense by showcasing your efforts to maintain the property and comply with legal obligations.
Make Evictions Smoother With Manning & Meyers
Evicting a tenant is never a straightforward process, but with the right legal support, landlords and associations can successfully navigate the complexities involved.
At Manning & Meyers, we help Dallas associations navigate the eviction process and ensure they are always prepared for potential issues down the line. From drafting airtight lease agreements to providing legal advice and representing you in court, our experienced attorneys are ready to help.
Schedule a consultation today and learn how we can assist you with your eviction needs.