Eviction and CARES Act

[Mark Buskuhl]

Trying to get a deadbeat tenant out and not sure if I have to give 30 days notice to vacate or if 3 day rule still applies.

TAR lease expired April 30, 2020 and I let continue MTM.

August 4, 2020 I give 30 day notice to terminate per lease effective September 3, 2020. Tenant was having problems with timely payment but I don't need a reason. 

A month goes by and the tenant says he can't move out and pays rent for September. Same thing happens for October. It's now November, he hasn't paid rent and is ignoring me. His mom says he's unemployed again (wife left him for his brother and he's on drugs now).

November 6, 2020 I post the 3 day notice.

Wanting to file the eviction petition for holdover.  Denton County requires a verification of compliance with CARES act form. 

This SFR does have a Freddie Mac mortgage so is a covered property. The eviction is for holdover though, not non payment of rent. It looks like I have to give a 30 day notice to vacate?

Alternatively, I am thinking of just having the water turned off. This property is in a "town" of 1700 homes that requires a CO inspection for every tenant change, landlord to setup water/sewer and maintain financial responsibility with alternate billing, etc. It's far from normal.