If your tenant has violated their lease in any way, then they may be due for eviction. To do so, you’ll need to serve a notice to evict your tenant, but this should be legally valid and must comply with landlord-tenant law. Following the legal process for evicting a tenant not only shows respect for the rights of tenants but will also protect your rights as a landlord and allow you to file a lawsuit should your tenants fail to comply with the notice to quit. This article will help you learn how to write an eviction notice that complies with Texas housing laws.
Texas Eviction Notice Components
Before you start working on the notice to evict tenants, you should first know the components of a Texas eviction notice. The following information should be included in the notice that you’re drafting:
- The name of the eviction notice.
- The date when the notice was created.
- The rental property’s address.
- The names of the tenants that signed the lease.
- The reason for eviction.
- The date by which tenants must comply or vacate the premises.
- You or your agent’s name and contact information.
- Your signature as the landlord, or the signature of an authorized agent.
It’s important to have all of these on the eviction notice that you’re serving to your tenant to avoid landlord-tenant disputes in the future. You can draft the notice of eviction yourself, or seek legal-aid from a reliable landlord attorney well-versed in eviction laws.
Types of Eviction Notices
There are three types of eviction notices that can be issued by a landlord or property manager in Texas based on the reason for evicting an occupant.
1. Three Days Notice to Pay or Quit
One of the main reasons for tenant eviction is the failure to pay the rent on time. Texas property law gives tenants three days to either catch up on the past-due payments or move-out of the property. In addition to the date when payments should be made, landlords also have to include the amount owed for back rent payment and acceptable payment methods in the eviction notice.
2. Three-Day Notice to Cure or Quit
Before they occupy a rental property, a landlord and tenant agree on a set of terms to follow throughout the tenancy. If your tenant violates the terms of the lease (aside from unpaid rent), then you can issue a notice to vacate the property or have the tenants correct the lease violation within three days.
3. 30-Day Notice to Terminate a Month-to-Month Tenancy
If the lease agreement between the renters and tenants is on a month-to-month basis, then the landlord may issue a notice to terminate even without the tenant violating the lease, since it is a part of the agreement. This isn’t a traditional type of eviction notice, but it’s still a legal reason for terminating a tenancy under certain circumstances.
Serving the Eviction Notice
The next step in eviction proceedings is to serve the notice to your tenant. In Texas, a notice to evict a tenant should be served through one of these methods:
- Serving the eviction notice form in person.
- Attaching the eviction notice to the front door of the rented property.
- Sending the notice through certified mail with return receipt requested.
You’re also advised to document the process of service through a Certificate of Service. This document will include details about when the notice was served, to whom it was served, how the service took place, and the signature of the process-server.
Do you need legal help in preparing a notice of eviction? Consult with a Real Estate Attorney.
If you believe that your tenant should be evicted because they violated their rental agreement or failed to pay rent, it’s best to consult with an experienced landlord eviction attorney to ensure that you are taking the right actions during the proceeding for evicting tenants. Contact us today at Girling Law, PLLC, and get the legal representation you need to protect your rights as a rental property owner throughout the eviction process.