A Guide for Landlords After Broken Rental Agreements

While the claim everything is bigger in Texas is arguably true, the chances for problem rental tenants is about the same as any other state. No matter where you own rental property, you're going to encounter at least some tenants who openly defies your rental agreement.

  • Sunday, August 14, 2016

  General   Legal   Texas   Eviction Guide   

While the claim everything is bigger in Texas is arguably true, the chances for problem rental tenants is about the same as any other state. No matter where you own rental property, you're going to encounter at least some tenants who openly defies your rental agreement. Whether it's violating pet ownership agreements, or not paying rent, all of these give you grounds for evictions. Here's a quick guide for landlords when it comes to eviction laws in Texas.

The Three-Day Notice

One thing you've likely noticed in all eviction laws is three-day notice uniformity. You can send this notice out when a renter violates the Texas State Property Code. These laws help form the agreement you set up with your tenant in advance. Any violation allows you to send the three-day notice to stop the violations within this time frame, or seek an eviction.

Even if they amend the violation, Texas gives you legal right to still pursue an eviction suit. You may not have a choice if the tenant hasn't paid their rent for a month or two.

Adding Specific Information to a Notice to Vacate

You'll see the three-day notice often designated as a "Notice to Vacate." When you send these to a tenant, it has to include date, name of the tenant, reason for the notice, as well as the exact time when you expect the person to leave. Plus, you need to include an ultimatum, as well as information on how you presented the notice.

If you don't follow any of these procedures correctly, it's not legally valid.

Presenting the Notice

It's preferable to give the notice in person, though you can give it to a family member who's 16 or older. Most of the time, you'll have to leave the document outside their door in a place where the tenant can see it.

Make sure you post it in a safe place, because if it becomes lost, you'll have to start over with a new three-day notice. Many send these registered mail to assure it arrives safely.

Going Forth With an Eviction

As in many states, you can file an eviction when the tenant does nothing. You'll do this through Texas district court. It means filing a summons and complaint requiring the tenant to attend a hearing with a judge. Known as a forcible detainer case, you can still go forth with this regardless of whether the tenant amends their violation at the last second.

Always review what you can legally do, though, so you don't end up losing your eviction case. Texas sticks with most states on not allowing landlords to change locks or turn off utilities to evict someone. Should you violate eviction laws, you'll have to pay a lot in fines, including one month's rent, and $1000.

Keep reading us at VerticalRent as we explore all U.S. eviction laws.

DISCLAIMER:

VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.

Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.

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