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Updated over 6 years ago,
Texas-Do I have to have an attorney for lease violation eviction?
I purchased a duplex across the street from my parents because the tenants (no lease/subletters) are nasty/high/rude to my parents and all neighbors on the street. Listed tenants moved out.
I worked with the previous owner for 3 months to help him evict them, but half the time he was high and half the time he was passed out. He has no record of leases or payments.
He finally sold me a $54,000 property (negotatied to $15,000 because of so many damages and required repairs/ 3 months later) for $9,000, on the condition I evict.
Because I purchased the property after the 1st of the month and no tenant living in properties have a lease, my attorney advised me to give a 30 day notice, find legal names for current tenants and avoid non-payment of rent eviction (because I can’t prove previous owner didn’t receive it and if he showed up for court... he would be considered unreliable).
It took me over over a week to find out who all tenants are (legal and otherwise) because code enforcement has been involved for months and issued several citations.
Tenants have been cited AGAIN, issued court dates, and were given notice to fix violations and turn on water within 7 days (which they cannot do without a new lease and I refuse to sign one because of damages and violations).
I was given copies of leases and can site all lease violations (minus late rent as I did not own property at the beginning of this month).
However, when I look up the law in Texas, it says I am required to hire an attorney for any eviction that is not for “non-payment of rent”... Is this true?
Do I give a 30 day eviction to non tenants or proceed with a 3 day and hope that they move before code enforcement returns on Thursday and condemns the property for no water and being unsanitary?
Advice y'all? I worked as an apartment manager but only ever had to evict for non-payment. This is my first REI.
Please help and send advice. I really want to move forward as this is taking up time and money and is straining my finances.
Thank YOU ALL!
Jeri