You will be the plaintiff in your eviction lawsuit. This means YOU have the burden of proof. If your tenant lies about having received your notice to vacate, the burden is on YOU to prove to the Judge that your tenant is lying. Under most circumstances, you CANNOT meet this burden if you hand the notice to vacate to your tenant or if you leave the notice to vacate on the unit’s door.
Texas law permits only eight different methods of delivery for notices to vacate. Several of these delivery methods will likely not apply to your case. You will not want to use some of the other delivery methods because they will not enable you to meet your burden of proof if your tenant lies about having received the notice.
With Girling Law’s ConfirmedTM Notice to Vacate you get the following:
A Notice to Vacate with wording guaranteed to comply with Texas Law 1
A Notice to Vacate authored by a Texas Eviction Attorney
A Notice to Vacate delivered on our eviction law firm’s letterhead
Certified mail delivery
First class mail delivery
Up to two issuances, in the event the first issuance does not deliver 2
Proof of delivery
Attorney issuance and delivery affidavit (to be filed with your eviction lawsuit)
One 30-minute consultation 3
1Girling Law will refund your full payment if your case is dismissed because the content of our notice to vacate failed to comply with Texas law. To qualify for the refund, the dismissal entered on your eviction must state that the content on the notice to vacate was the basis for the eviction.
2 We will also re-issue your notice to vacate if delivery occurred, but the Postal Carrier failed to update the Post Office’s tracking system to reflect that delivery occurred. This happens quite regularly.
3 All consultations must occur within 10 days of receiving your notices to vacate and proof of delivery.