When a tenant stops paying rent, as landlord you must take action. The first thing to do is talk to your tenant. It may be that family or life circumstances happened and they simply forgot to pay on time. A one time lapse is forgivable and your rental contract likely tacks on a late fee to help soothe the delay. However, with regularly non-paying tenants stronger measures such as eviction need to take place.
State laws exist to help ensure that both parties’ rights are respected and that the transition from tenant to evictee is amicable as possible for both parties. In the case of belligerent tenants, just talking may not be effective. That’s why the law requires a landlord to provide the tenant with a written Notice to Vacate before eviction proceedings can begin.
In any situation where a landlord seeks to evict a tenant, a clear violation of the lease must be in effect, and failure to pay the rent meets this criteria. Notice to Vacate is the first step in the process of starting an eviction lawsuit. You must give notice to the tenant that you wish them to leave the property and that if they do not then eviction proceedings will begin. In Texas, the tenant must be notified for three days before filing suit. Be sure to check your contract for specifics to your rental.
The Notice to Vacate in Texas can be hand delivered to any individual residing in the rent house who is at least 16 years of age or older. If this is not possible, it may be delivered through display. In this case, you can tack the Notice to Vacate to the inside of the entryway door of the property. In addition, the Notice can be delivered by postal mail. It is advisable to use certified or registered mail so that you have proof of delivery. You also want to keep one copy for your records and one copy for the court proceedings if the tenant does not leave the premises in the specified time.
Sometimes a divorce or another situation causes a tenant to disregard the Notice to Vacate and they remain in the rent house. If this happens, you will need to proceed with an eviction lawsuit. Proof that the tenant has violated the lease agreement and Notice was served must be presented to the Judge. Court approval is required before eviction proceedings can begin and the first step is to petition with an Original Complaint. The complaint must be filed with the court presiding over the location of the leased house and you will incur a filing fee between $100 and $200 to get the proceedings going.
The court will then notify the tenant that they are being sued by means of a Citation that details the reason for eviction proceedings as well as the court date. The Original Complaint and the Citation are delivered by local authorities to the tenant. There must be a window of time of at least six days between delivery of the court documents and the actual trial date. Although going to court may seem to be daunting, having the law on your side and proper documentation and procedure can assist the landlord in regaining possession of their rental property. The sooner the non-paying tenant is evicted, the sooner you can resume leasing the property so it is a good idea to present your tenant with a Notice to Vacate as soon as they show a pattern of failure to pay.
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