Now compare your tenant’s reaction when she finds the same notice from an eviction attorney, AND the letter includes some “legalese” on it. “Uh-oh…” she thinks to herself. “My landlord hired a lawyer!?! That’s an entirely different ballgame!”
Compliance. The Notice to Vacate presents numerous opportunities for a Judge to dismiss your eviction lawsuit. Girling Law’s Notice to Vacate generator produces a Notice to Vacate that meets all of the content requirements under Texas law, protects you from unwittingly violating various other laws, and provides instructions on properly delivering your Notice to Vacate.
Wording on your Notice to Vacate is crucial. Your Notice to Vacate can create problems during an eviction trial if it is not worded correctly. On the other hand, if your Notice to Vacate contains too much information, you could restrict your options later on in the eviction process.
Ensuring compliance with various collection laws can be another issue. A Notice to Vacate is a debt collection activity under Texas consumer protection laws. You should always include something lawyers refer to as the “mini-Miranda” language in the notice. What happens if your tenant files bankruptcy between the time you send your Notice to Vacate and when your tenant receives it? Your Notice to Vacate should include language that ensures you do not violate an automatic bankruptcy stay. If your tenant is a member of the armed services, your Notice to Vacate needs to have particular language. This is true even if your tenant recently joined the military and neglected to tell you!
And then there is the delivery process. Texas law is particular about how a Notice to Vacate is delivered to your tenant. Giving the Notice to Vacate incorrectly can result in your case being dismissed. Failing to deliver the Notice to Vacate correctly is the most frequent reason Texas Justices of the Peace dismiss landlords’ eviction lawsuits. The delivery instructions included with your Notice to Vacate, if followed, will significantly reduce or eliminate the risk associated with delivering your Notice to Vacate.