3 day notice to vacate

[Pedro Marquez]

Hello everyone, can I give a three day notice for not paying rent to tenant ? . Even if the contract is between the previous owner not with me? . I have send by certify mail an addendum to the contract istructing where and how to pay but he has not pay.

[Jim Cummings]

@Pedro Marquez. @Mylan J.. Consult your lease as the TRUE Arbiter of what you can and cannot do. If you inherited the tenants, you should have also received a copy of the lease. 

If the lease was prepared by a Licensed Texas Real Estate Agent it most likely is a Texas Association of REALTORS lease, and should state the Notification requirements for tenants to Notify You they will not be continuing the lease beyond the End Date of The Lease. This Notification Period also pertains to you giving them Notice to Vacate under NORMAL End Of Lease procedures. 

If the Lease is being Terminated for Non-Payment of Rent or other Lease Violations prior to the end Of Lease Term, you'll need to follow Eviction Procedures established in the Texas Rental Code. You can start the process by Sending the Tenant(s) a Notice Terminating Right Of Occupancy. (TAR Form 2208). This states their Right to Occupy The Property is Terminated Effective X Date. I would suggest a minimum of 3-5 Days after you send the Notice is appropriate. Although the TAR Form says don't use a date earlier than 1 day after the Notice is delivered. 

You should deliver this Notice several Ways (In My Opinion). I always send a copy through Normal USPS mail, Send a Copy Via CERTIFIED Mail, Return Receipt Requested, and email a copy if you have their email address, I would also Text or call - if Tenants have those methods of Communication. Make a written note of the date & Time of each of your attempts to Notify. 

The Certified Mail Return Receipt Requested, satisfies the Legal Notice Requirement, regardless of whether the Tenant received the Notice or opened the Notice. 

Once you have completed those steps, you can proceed to the JP Court, and file an Eviction Request. The JP Court will typically give the Constable a 10-Day period of time to Serve The Eviction Notice. Afterwards, the JP will set a Hearing Date. This is typically another 10+ Days out. With other delays, as a minimum you are looking at 30 days before you can typically get the Eviction Hearing. At the hearing - If you prevail, and you should if you have all your documentation in order, the JP will give tenants a date to be out of the property. 

Afterwards, if the Tenants want to appeal, you'll have more delays, until a higher court date can be scheduled. The good part about the Tenants appealing is tenants would have to post bond equal to one Month's rent to Appeal. 

If Tenants do not Vacate by date given by JP Court, you would need to go back to JP Court to get a Writ Of Possession (forced eviction) in which the Constable would appear  at the property to "Keep The Peace" while you and your work crew move the tenants furniture and other property to the street curb. 

Even in a Landlord Friendly state like Texas, you are much better off if you can get the Tenants to do a "Cash For Keys" or something similar to vacate the property. 

@Mylan J. If you have tenants paying on-time and you are happy with them, they, in turn, must be satisfied with the condition of the property. Why ask them to leave so you can do repairs or fixup. Wait until the Lease is up and they Leave voluntarily.