Serving eviction notices to tenants in Texas can be tricky, and following the legal process and state law are very important when evicting tenants. Disregarding the law (like evicting tenants illegally) can pose more problems for landlords, like losing time and money to bad tenants.
State laws vary in how a landlord can evict tenants for failure to pay rent. A Frisco landlord attorney can provide legal help so you can understand the landlord-tenant law according to the Texas Property Code and give you legal aid when evicting a tenant for nonpayment of rent.
When is Rent Payment Considered Late?
Rent in Texas is generally due on the 1st day of the month unless there are different terms indicated in the rent or lease agreement. If you fail to pay your rent, it is usually considered late the next day. For instance, if a tenant couldn’t pay back the rent, then it is considered past due the next day.
When to Issue a Texas Eviction Notice
Under Texas laws, the number of days landlords need to wait before they can charge a tenant late fees is two days. However, state laws don’t have a similar requirement for giving tenants a “Notice to Vacate” for non-payment of rent.
So in Texas, landlords can issue an eviction order to evict tenants a day after the rent is already due. Once it is issued, the tenant will be given a three-day timeline to pay the unpaid rent (depending on the rental or lease agreement), or the eviction proceedings will start and they’d have to vacate the property.
Things to Include in a Texas Eviction Notice
As a landlord, writing a proper notice of eviction is important if you want your eviction case to go smoothly. It should include the following:
- The date when the notice was issued to the tenants or renters
- The name and details of the property or rental housing
- The reason why an eviction notice is served (lease violations, termination of the lease, non-payment of rent, etc.)
- A three-day notice period before getting evicted (or if the tenant/s have the option to pay the due rent, it must be indicated in the notice)
- A demand indicating that legal action can be pursued, and an eviction lawsuit (also known as unlawful detainer lawsuit) can be filed if the tenant or renter refuse to vacate the premises
How to Serve a Notice of Eviction in Texas
When evicting a tenant, it is important to make sure that it is delivered the right way to the tenant being evicted. Otherwise, the notice of eviction won’t be acknowledged as valid and the tenant eviction lawsuit can be lost, ultimately derailing the eviction proceedings. If the court dismisses the eviction action, then the tenant must go through the eviction process again before they can proceed to evict a tenant. To avoid getting your eviction notice dismissed, it is best to seek legal advice from a Frisco landlord attorney.
Under Texas law, a landlord has four options on how to serve a notice of eviction to tenants:
- An agent or the property owner themself can give the notice personally to the tenant or to anyone who is of legal age who stays in the rental unit.
- If the landlord has legal access to the property, they can post the notice at the door of the rental property.
- The landlord can also opt to mail the notice either by registered mail, regular mail, or certified mail and ask for a return receipt acknowledging their mail.
- If the property being rented doesn’t have a mailbox or the landlord can’t enter the premises legally, the notice can be put outside of the property where it can be easily seen.
If the occupant fails to pay the due rent within the notice period or refuses to leave the property when it’s time to move out, then the landlord can bring it to court and file a complaint at the justice court.
If you’re experiencing problems with your tenant or property in Texas, get the help of a Frisco landlord attorney on how to evict a tenant in the correct legal way.
At Girling Law, PLLC, we landlord attorneys with experience in landlord-tenant laws in Texas. Call us today for a legal consultation.