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Updated over 7 years ago, 08/15/2017

User Stats

27
Posts
6
Votes
James M.
  • Investor
  • San Antonio, TX
6
Votes |
27
Posts

Help With Order of Operations: Texas Landlord

James M.
  • Investor
  • San Antonio, TX
Posted

Hello!

I acquired my first home that I will be renting out in San Antonio, hopefully as soon as possible. I was hoping someone could assist me with the order of operations and tips on late rent and eviction process.

I have done my own work, down even to the state level, but I'm hoping I can get someone with experience the verify my thought process. I've read several guides and even looked at my own state laws, both in legal speak and normal terms.

The way I understand it, is I should handle late rent and eviction as follows:

1) Rent is due on the 1st and is considered "late" on the 5th. From what I understand this is known as a grace period which is dictated by my lease if I choose to have it. I don't think I'm even legally required to have one, but for the sake of this argument lets say its there. During this time, if I don't see the money roll in on the 2nd, should I send a letter/attach a letter/send an email with a friendly reminder to pay by the 5th to avoid late charges? And, assuming this is a grace period the tenant doesn't pay for late fees during this time, correct?

2) On the 5th, its considered late and on this day I can send my "Pay or Quit" notice, which in Texas I can give them 3 days and then file for eviction. During this time I lay out how much in late fees are on that 5th day and how much will accrue for the three following days. This same letter will tell them I'll be filing for eviction. Lets say my lease states its 3 days to pay or quit or doesn't specify, thus defaulting to the law. Should I extend that time (probably a bad idea) or leave it to 3 days? Is there an industry standard?

3) On the 8th or possibly the 9th I'd file for eviction and quite frankly hand it over to an attorney.

Does this all make sense? And hopefully someone can answer my questions within. To be clear, this is if the strategy "cash for keys" fails of course. In each case where I have to give them notice, from the letter of the law it sounds like I have to physically give them the letter by mail or attaching to their door. But also by the law it says I have to mail the letter anyway if I attach it to the door. So heck, I might as well just do certified mail and not hassle with the door deal.

Any clarity or confirmation would be appreciated!

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