The eviction process can be quite difficult to understand. On their own, landlord-tenant laws can be confusing, but even more so because they may vary greatly from state to state. As such, if you are a landlord having difficulties with your renters, it is highly advisable to consult with an experienced Frisco landlord attorney as early as possible.
What this article will focus on is terminating without cause. Specifically, it will briefly cover:
– How one can comply with the relevant landlord-tenant law
– The basics of terminating a tenancy
– What to watch out for when evicting a tenant
How one can comply with the relevant landlord-tenant law
In Texas, state law enables a landlord or property owner to exercise the right to evict a particular tenant. Tenants violating the lease or rental agreement, for instance, may be evicted from their personal property. On top of certain violations to the agreement, common grounds for evicting would be non-payment of rent, unlawful stay, or refusal to move out or vacate the premises of the rental property. The latter is especially true after the required time has elapsed after issuing a notice of termination.
It is important to always keep in mind that tenant eviction is a legal process. While it may seem obvious that a landlord may evict a tenant who is unable to pay rent or who violates the rental or lease agreement, one cannot rush things or simply skip certain steps in the process. To make sure you do things legally and correctly, get expert legal aid and ask a trusted attorney the process and amount of notice for termination without cause.
The basics of terminating a tenancy
Under pertinent rules, a termination notice may be grounded for different reasons. Whether a tenancy is a month-to-month or fixed term, it may generally be terminated without cause as long as the landlord puts the notice in writing. However, before you can evict a tenant, you must first legally terminate his or her tenancy through a proper notice of termination. A trusted Frisco landlord attorney can explain the differences between a termination with and without cause, provide legal assistance, and help you prepare appropriate notices.
When evicting a tenant with a month-to-month agreement, the actual payment of rent will be a crucial factor. For tenants who pay the rent once every month, the tenancy will likely end thirty days after the landlord was able to deliver the notice of termination. For tenants paying rent every 15 days or more than once every month, the tenancy will likely end once the same number of days have elapsed, counting after the notice is served. While the mode of rent payment is a common determiner of the amount of notice, the actual end of tenancy must be specified in the written notice, regardless of the number of days involved. The date when renters must move out of the rental unit must also be specified.
What to watch out for when evicting a tenant
A tenant who got evicted and claims that his or her tenant rights were violated may decide to sue you and bring matters to court. A court hearing for an illegal eviction case is something you would want to avoid at all costs. However, even if you would rather have peaceful eviction proceedings, this may not always be the case.
Holdover tenants, or those who refuse to move out after rental or lease termination, are often given a three-day notice to vacate. If the person renting the property will still refuse to vacate the property after three days, going to court might be inevitable. Some landlords still try to negotiate at this point, but if the tenant has no plans of vacating, get legal advice from an expert on how to push through with court proceedings. Go to court to file an eviction lawsuit, which is sometimes referred to as a forcible entry and detainer suit.
When dealing with holdover tenants, never attempt to change the locks, shut off utilities, bring out belongings of the former renter, or let in a new tenant. Eviction laws are specifying how to evict tenants legally, without impinging on their rights. If your self-help, the tenant you wanted to get evicted may sue you for illegally evicting him or her. This is the last thing you would want.
Get a lawyer from a trusted law firm to help you fill out paperwork for your eviction case. Contact us at Girling Law, PLLC and consult with an experienced Frisco landlord attorney for legal assistance.