EVICTION: VACATING YOUR HEART-SPACE TO MAKE ROOM FOR THE RIGHT OCCUPANT

Choosing the right occupant

When it comes to landlord friendly states, Texas, ranks at the top of the list. Unlike most states, a Texas landlord can quickly exercise their rights as the property owner, when their tenant has committed an offense that breaches the terms of their lease agreement. Though the state laws that govern the landlord/tenant agreements may differ, landlords across the globe share the same universal expectation of their tenants, they simply want their rent paid on time and the occupant to take care of their property. Failing to do either, can be considered a violation of the tenant’s lease terms and be the cause for eviction. No landlord, after carefully sifting through rental applicants and selecting who they feel is the best one, expects to be blindsided by the ill intentions of their new occupant. Therefore, a realtor who represents the landlord has the duty of scrutinizing each applicant’s rental “w.o.r.t.h.n.i.n.e.s.s” through a vetting process which consists of background & credit checks, along with income verification and prior rental history, in an effort to lessen their client’s concern. It is the hope and (I’m not ashamed to admit it) p.r.a.y.e.r of the realtor, that after they’ve performed ALL the necessary checks and balances, stopping short of collecting hair follicle samples, that the chosen applicant DOES NOT disappoint their client.  Unfortunately, a person’s character can not be fully determined by high FICO scores, steady employment history and their ability to stay under the radar of law enforcement. Though a reasonable indicator of their sanity, it is, however, my experience, that even batsh*t c.r.a.z.y @ss individuals look good on paper.

Why your heart-space is your property

Being a landlord is no easy job. Whether you lease out one property or twenty-five, despite the income earned, allowing the w.r.o.n.g tenant to occupy your habitable space does not come without costs. Juxtapose that to relationships, allowing the wrong person to occupy your h.e.a.r.t-space is just as costly. And when you have the wrong occupant in either space and you’re ready for them to pack their sh*t & GO, then it’s time to file an Eviction.  To EVICT is to force out, in order to recover property from a tenant by legal process.  The Texas legal term for eviction is “Forcible Detainer”. A landlord who has tried to NO AVAIL, to rectify repeated violation issues with their tenant, will, if necessary, proceed with an e.v.i.c.t.i.o.n process, in order to regain control of their space by vacating the premises of an entitled, arrogant, disrespectful, unruly occupant, so that one WORTHY of residing there can move in. There are several offenses that can lead to an eviction in Texas & although non-payment of rent is the TOP offense, negligently causing damage to the property aside from normal wear & tear can be just as upsetting. YOUR heart-s.p.a.c.e is akin to property.  How so? I’ll explain. A property, such as real estate, is something owned or possessed. And whoever owns ‘it’ has the exclusive right to enjoy or d.i.s.p.o.s.e of it as they see fit. When the owner of a property leases it out to someone else for their temporary habitation & enjoyment, that owner expects a level of care & respect shown to their property.  As the landlord of our OWN b.e.a.t.i.ng HEART, we too, have the right to expect a level of care and respect from ANYONE we allow to reside there. But how many of us fail to scrutinize and perform the necessary checks & balances on an applicant (potential mate) trying to occupy our heart-space, ignoring the warning signs and obvious character flaws:

Egotistical. Cheater. Liar. Incorrigible Flirt. Unhealthy Attachment to His Momma. Baby Mama Drama. Selfish. Controlling. An Alcoholic. Lazy. Possessive. Irresponsible. Insecure.

But rather deny their application and wait patiently for a more w.o.r.t.h.y occupant, we instead allow riffraff tenants, out of our desperate thirst search for LOVE, to move their (No Intention of E.V.E.R Loving, Committing To, Respecting or Marrying You) trifling @ss into the vacant spaces of our heart, with NO regard to the damage their OCCUPANCY is causing us while being there.

Why we lease out our heart-space

There are two main goals a landlord has for owning and leasing out property:

• Building Wealth
• Earning Income/Profit

Allowing a tenant to lease out their property, gives the owner the opportunity to HOLD ON to it, in hopes that it will GAIN V.A.L.U.E over time. However, the average landlord makes a mortgage (commitment) payment on the property they lease out. When a tenant falls behind on their rent, REGARDLESS THE REASON, the landlord assesses late fees as a penalty. The tenant’s failure to pay their rent on time comes at the financial e.x.p.e.n.s.e and burden of the owner, who now MUST restructure their own finances to make their payment by a certain date to avoid similar assessed fees and p.e.n.a.l.t.i.e.s. This chain of events adversely affects the owner’s goals of leasing out the property. Similarly, when we lease out our heart-space, we do so, with the same G.O.A.L.S in mind:

• Building Wealth (Having a LIFE of Abundance with our significant other)
• Earning Income/Profit (Getting a VALUABLE return on the investment of our love and sacrifice)

And we ALSO hold on, all in the hopes that we will over time GAIN VALUE in the eyes of our Occupant. But when a tenant, the selfish-ass individual occupying your heart-space fails to pay their rent (a proverbial currency of Respect. Protection. Commitment. Love. Trust) in exchange for the temporary possession and enjoyment of it, it also comes at the EXPENSE (loss of self-esteem) & burden of the landlord who now must find a way to SETTLE the debt within themselves, to Avoid the assessed penalty – the forfeiting of tHEiR self-worth.

So what are the qualities of an ideal tenant? The IDEAL tenant is not only one that will pay their rent on time, but one that will treat the property as their own.  An occupant who treats the landlord’s property (heart-space) as their own, WILL:

• Keep it clean – free from Offensive. Foul. Disrespectful. Degrading treatment & behavior
• Keep it neat & tidy – free from dirty situations, LIES, Deceit, D.R.A.M.A & Disorder
• Avoid violations – domestic disturbances, interruption of peace of mind, Improper-WRONGFUL Actions
• Not cause damage – Loss of self-esteem, loss of trust, hurt & harm from physical, mental, sexual, verbal, emotional abuse
• Maintain it – provide proper upkeep, emotional, spiritual, financial support, along with security, love, care & protection throughout the term of the lease

And if the tenant refuses to abide by these terms, then as the owner, you have the right to Evict!    

How to evict the wrong occupant

Before a Texas landlord can file an eviction suit, they must first give their tenant a written notice to vacate the premises using 1 of 3 acceptable methods. One of the methods commonly used is taping an Eviction Notice to the main door of the property. After this first step has been taken, the landlord can file an eviction suit with the court in the precinct where the property is located. Provided the landlord has followed all the necessary steps to prepare for the eviction, along with producing strong evidence that supports their claim against the tenant, there is a good possibility the judge can rule in the landlord’s favor and give the tenant 5 days to either vacate the premises or appeal the ruling. If the evidence the landlord has provided against the tenant is so compelling, that disputing it would prove difficult, the tenant from –way down South- HELL may forgo filing an appeal, but instead, refuse to move. If the occupant, with no regard to the ruling ordering them to VACATE, takes the stance that they will not leave and continue to reside in the property, then the landlord can request a court order to have a constable remove them by force. And a forceful removal is humiliating!

As the landlord of your heart-space, you’ve done all that you could do to make it habitable for your occupant:

• You provided s.a.f.e living conditions (Respect. Love. Honor. Trust. Loyalty)
• You addressed maintenance issues (Breakdown of Communication. Loss of Intimacy. Loss of Attraction)
• You made repairs (reduced nagging; being more supportive; accepting him for who he is and what he now looks like (even though it pains you to do so.)

 And though you may not have been the perfect landlord, you were no slumlord either.

How to vacate your heart-space finally

So how do you evict an occupant you No Longer want to live in your heart-space? You follow the same steps:

1. Bind an Eviction Notice to the main door of your heart, canceling their access to it (This is having the courage to end a relationship that has not served you well.)
2. You must file that notice with your internal court (The official assembly of your heart & your mind, so that both agree with your decision.)
3. Provide evidence supporting your claim against your tenant (i.e. Internal bank statements showing Zero deposits of Trust &Commitment being made into your account, along with other proof (admission) of damage – to your self-worth – caused by your occupant)
4. Wait for the Judge’s ruling (This is when YOU, after considering all the evidence & admitting some disappointing truths, i.e. No matter how good you’ve been to him, he will NEVER marry me you, make the final decision to let him go.)

And once you have ruled in YOUR favor and your occupant has been ordered to vacate the premises of your heart, then in the uncensored words of Angela Bassett in “Waiting to Exhale” you can BOLDLY, UNAPOLOGETICALLY  & FINALLY shout…

 “GET YOUR SHIT! GET YOUR SHIT! And GET OUT!”

lights cigarette. sets his sh*t on fire. FIERCELY…Walks Away! ?