Tim Nguyen, listing agent sharing buyer report w/others (None)

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Jerry Newman
Brown Realty, 210-789-4216,www.JeremiahNewman.com - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

It has always been my understanding that locks could not be changed until you have the courts permission after you filed an eviction noticed to the court house, and judge rules in your favor. But, again you should seek legal advice, since property management is very complex. 

In Texas, when a tenant fails to pay on time, most landlords and property manager file forcible detainer to gain access to property. 

In Texas, a landlord must legally terminate the tenancy before evicting a tenant. ... If the tenant does not move out after receiving this notice, then the landlord can file aneviction lawsuit (also called a forcible entry and detainer suit).

Jul 07, 2019 01:36 PM
Rainmaker
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Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

You are asking for legal advice.  Google the landlord laws in your State for information or better yet, consult with a real estate attorney well versed in landlord/tenant issues. 

Jul 07, 2019 01:17 PM
Rainmaker
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Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Tim you better check landlord tenant law for Texas. This is not something you want to mess with without statute and an attorney. A bad eviction could be the gift that keeps on giving you grief. Do it by the book.

Jul 07, 2019 04:53 PM
Rainmaker
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Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

you'd be wise to call a real estate attorney for that answer....all states are different.... 

you'd never get away with that in MA....

years ago, we did a lot of things, including take the front door off... no more!!!!

Jul 07, 2019 02:45 PM
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

I would check with a real estate attorney - I'm in NC and wouldn't give advice, even in NC, about that.

Jul 07, 2019 02:04 PM
Rainmaker
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Taking the law into your own hands penalizes the one who does this.....

Jul 07, 2019 01:21 PM
Rainmaker
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Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I would advise to contact a real estate attorney.  The last thing you want to do is to do something illegal accidently.

Jul 07, 2019 05:10 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Every state is different, but a "constructive eviction" is generally illegal everywhere.

However if they abandon the home it may be possible, check with your local laws and an attny.

Jul 07, 2019 05:03 PM
Rainmaker
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Corinne Guest
Corinne Guest, REALTOR® | Barrington Realty Company - Barrington, IL
Barrington Lifestyles

No can do in Illinois. Ask a lawyer in TX for advice.

Jul 07, 2019 04:00 PM
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Tim,

Kathleen Daniels gave you sound advice.  Each state has different laws.  A

Jul 07, 2019 02:24 PM
Rainmaker
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Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

A question for your local real estate attorney.

Jul 07, 2019 02:14 PM
Rainmaker
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Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

See what Jerry Newman and Richard Weeks said, as they are in Texas. But keep in mind various municipalities and counties could also have their own laws and restrictions. I would check with an attorney who specializes in landlord related law.

Jul 08, 2019 04:26 AM
Rainmaker
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John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Since I am in California and I do not manage properties, you would not want my advice.

Jul 07, 2019 07:22 PM
Rainmaker
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Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

Good question for the legal department. As a former landlord and property manager I can tell you Tim Nguyen that a good attorney is well worth it.

Jul 07, 2019 07:09 PM
Rainmaker
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Richard Weeks
Dallas, TX
REALTOR®, Broker

You need to become familiar with chapter 92 of The Texas Property Code, before you take that type action.  Might be a good idea to consult with a real estate attorney.  Here is a link to the code:

http://texaspropertycode.org/chapter-92-texas-property-code.html

Jul 08, 2019 04:19 AM
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Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty

No, you may not change the lock. 

Unless it is a motel.

Jul 07, 2019 10:06 PM
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Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

That's a legal matter. I would check with a Texas real estate attorney who knows the landlord/tenant laws.

Jul 07, 2019 05:36 PM
Rainmaker
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Debra Leisek
Bay Realty,Inc Homer Alaska - Homer, AK

call an attorney 

Jul 08, 2019 12:26 AM
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Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

You got all answers, Tim. 

And you may not change the lock...

Jul 07, 2019 11:09 PM
Rainmaker
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Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

Best to ask an attorney since I could be wrong

Jul 08, 2019 08:23 AM
Rainmaker
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Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

I am not an attorney.

However, if such a provision sounds 'too good to be true' it most likely is.

I wish it were true that a late payment means putting their stuff on the curb, but I have a feeling that is too good to be true.

Don't do it!

Follow the established process or, as others have suggested, call your attorney.

Hmm, if someone moves into the AirBnB property and overstays, how is that addressed? Talk to your attorney about that scenerio.

Jul 08, 2019 06:07 AM
Rainmaker
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Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

Most likely NO unless you get court approval or the place is vacant/abandoned. The steps in NH are file the NTQ, then file with the court if they do not move out. Get the hearig and be awarded a writ of possession. contact sherriff for a lock out

Jul 08, 2019 05:21 AM
Rainmaker
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Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

As Jerry Newman wrote, otherwise it is a Forced Eviction and you could end up the loser

Jul 09, 2019 07:15 AM
Rainer
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Caroline Gerardo
CMG Financial - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

No you can't just change the locks

Jul 08, 2019 10:26 AM
Rainmaker
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Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

We have to go through the courts here. I'd verify your information with an attorney. 

Jul 08, 2019 08:47 AM