Tenant Removal Advice Requested

[Daniel Calderon]

Hi all,

I recently purchased a duplex with both units occupied close to the university campus and have been planning on moving into one of the units. 

The tenant that I would like to remove (the front tenant) is on a month-to-month lease that renews on the first of every month. I would like to tell him that his lease will not be renewed for the coming month in September.

 Today is Aug 16. I wrote him a letter and sent it certified mail with return receipt on Aug. 8 stating a 30-day notice (basically saying that he has until Sept. 8th to leave the property). Certified letter was not received yet and it is still at the post office waiting to be picked up. I knocked on the door multiple times and nobody was home. I called a few times and left a message to call me back asap earlier in the week. lastly, I sent an email yesterday and have not gotten a reply yet. 

I was just told by another tenant that he is out of town and has been out of town for about 4 weeks. My question: What do I do? I want to have the unit available by September 8th at the latest. Does my 30-day notice take effect from the day that I mailed it (Aug. 8)? He clearly is just not receiving my communications. What if he is on a camping trip without signal (just sayin)?

I want to tell him that I won't be renewing his lease but have been unable to contact him. Is it my problem or his problem that he is not getting my messages?

Since I just purchased the property, I haven't had the chance to meet the tenant, but I hear he is a nice person.

I'll take any advice!  

[Mike M.]

Consult Chapter 24 (99%sure) of Texas Property code. I believe your notice will be effective 8/8.

If you attempt to evict on 9/8 and tenant has had two weeks of "notice" his lease is up, he may get some sympathy from the JP. Could be a tough sell.

If it has to be vacant on 9/8, time is of the essence. A couple things:

1). No phone number for the tenant? Can you review the lease and contact references or someone who may know him?

2). When you get ahold of him, offer cash to be out by 9/8. Amount TBD based on yours and his needs.

If you don't need it by 9/8, give him 4 weeks as soon as you get ahold of him. Hindsight is 20/20, but next time if give the tenant a call first. They'll likely be mad either way but this approach (phone followed by certified letter) worked well for me.