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Updated about 3 years ago on . Most recent reply

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Jonathan Leung
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Tenant late on rent. What's the proper step to evict in Texas?

Jonathan Leung
Posted

My tenant only paid partial amount of the rent last month and haven't paid the rent this month. Tenant is not very responsive but we had email conversation 2 weeks ago. I sent the tenant late rent notice via email last week and gave the tenant a last chance to pay the rent. 

What's my next step in order to evict the tenant?

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Bruce Lynn#1 Real Estate Agent Contributor
  • Real Estate Broker
  • Coppell, TX
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Bruce Lynn#1 Real Estate Agent Contributor
  • Real Estate Broker
  • Coppell, TX
Replied

Check with your local JP.  They may have the rules and regulations and forms for you.

Typically you want to give them notice to vacate....some people call this the 3 day letter.....you want to mail, certify mail, and hand deliver or if they are not home post on the back of the door inside residence...and I would take pictures and/or video of all that, mail and pay at the post office and get a receipt.

Once you have done all that and given them a couple of days to get the notice then you can file at JP court.

Take your evidence....lease, bank statements, documented conversations, the pictures and video of you mailing, receipts from post office, copy of the vacate letter you sent.

Go to JP court on an eviction day and spend a couple of hours or more listening to the cases so you know in general what the judge will want you to provide and good responses from owners.  90% of the time it's only you and your evidence or your sworn statement, tenant never shows, but you want to be ready just in case.

For example law as I read it above only requires one type of notice, but if the judge doesn't know the law, which is possible than you are prepared to cover all the bases.  You want to guarantee a win, not just a chance at winning.

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