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

Question

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?

Jonathan Leung · Answer

Just to follow up with my problem. I went to the property yesterday and found out the tenant moved out without giving me any notice. She left the keys and the garage remote on the kitchen countertop. The trash is full. At least she cleaned up the trash inside the house. I called her office and the manager told me she left the company last Thursday. I talked to the neighbors and they told me there was a UHaul truck moving stuffs last weekend, and no activities and no lights was turned on since then.

I hope that's the end of it. I am going to send her a lease termination notice and apply her deposit for this month rent. She could have just let me know she's "relocating" and that would end up so much better.

Tsipora Smith · Answer

My first question would be what does the lease say? This will dictate how long you have to wait before making next moves. After the you have waited the amount of time stated in the lease you can provide the tenant with notice to evict. The form for Texas can be found online depending on your county. Then just follow your county guidelines.

Ronald Rohde · Answer

You need to follow TX law and your lease. How did you deliver notice? was it a 3 day notice in compliance? File the petition for eviction in your local JP court. Serve the defendant(s).

Bruce Lynn · Answer

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.

Jerel Ehlert · Answer

The first step you should have done, before you put out the "for rent" sign, was read your state's property code on landlord/tenant law. It is online in all 50 states. Also look for the requirements to evict (a/k/a, forcible entry and detainer suits). These will tell you what your next step is in your state (different in every state).

Wale Lawal · Answer

Always, Always check your lease first. Your lease is a great indication of what to do in these situations.

Jonathan Leung · Answer

Thanks for all the responses.

I knocked on the door but no one is answering. I sent a Notice To Quit via certificated mail with signature confirmation via USPS. The problem is I don't know when the mail is actually delivered and signed. The tenant is avoiding answering my call, my email, my text. Could I call up the tenant's workplace?

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

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

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