Methods for lease non-renewal?

[Cody Martin]

First post and need some advice. I have a tenant who has NEVER answered her phone, nor the door when I go to the residence to deal with the HOA complaints for her mismanagement of the grounds. Her only means of communication up to this point (6 months later) has been via text. I am located in Texas, is text sufficient to advise her that I'm going to non-renew her lease?

[Daniel A.]

Hello Cody,

While texts aren't legally binding documents, they can still hold up in court under certain circumstances. If you're looking to cover your a**, then having as many different, documented forms of communication only goes to help your side were you to ever take it to court. The judge will look at you, see that you've sent X amount of texts and that you've provided her X amounts of notices, that you've followed the law, so on and so forth, whereas she is going to have one heck of a hard time having anyone side with her.

What you really want to do is what the law says to do, and that is to provide the notices within the appropriate time frame. (I believe it's 60 days in Texas.) You can't control whether she dodges you or the notices, but the law will side with you so long as you can prove that you did what the law said. Document when you place the notices on her door. Document when you send the notices through the mail. You do this by having it sent via certified mail. Have your texts printed. The law also outlines legally acceptable forms of service.

Is she a month-to-month tenant? Or on a longer lease term? So long as you provide her the notices within the legally permissible time frame, you're good. A tenant can't live somewhere forever because they can artfully dodge the landlord.

Also, how does she pay rent? In person? Online? By mail? Once her lease term is up, make sure you do not accept any payment.

(A side note: If you don't have a clause in your lease agreement about how the tenant must abide by all the HOA rules, then make sure you add one.)