Writing a Notice of Eviction can be quite difficult, especially because eviction laws vary from state to state. Texas state law, for instance, allows a landlord to evict a tenant based on violating the rental or lease agreement. The most common violations include unlawful stay or not moving out of the rental property after termination.
What this article will cover are common mistakes related to the legal process of tenant eviction. These include:
– Not knowing the proper timing when evicting tenants
– Not following the process expected from a property owner
– Not properly dealing with a tenant who violates their lease and rental agreement
Neglecting the importance of proper timing when dealing with a Notice to Vacate the property
Pursuant to Texas landlord and tenant law, terminating a certain tenancy and delivering a Notice to Vacate can be done as soon as a violation of the tenancy agreement is discovered. With a Notice to Vacate, a tenant must move out in three days. This three-day period generally includes holidays and weekends. However, landlords and tenants may have agreed to a longer or shorter notice period, as specified in the lease or rental agreement.
Similarly, tenants and landlords may likewise agree in the rental or lease agreement that the occupant can respond to a notice of proposed eviction action within a certain period of time. If such is the case, you are to wait for a response to the eviction notice and wait for the said period to elapse before a Notice to Vacate can be given. Essentially, you cannot proceed yet with the succeeding eviction procedures. A competent Frisco landlord attorney can provide legal aid and explain this further.
Disregarding tenant eviction laws and preparing an incomplete Notice to Vacate
As stated in relevant landlord-tenant law, the following must be in the written notice:
- The name of the tenant and the address of the rental unit
- The reason why the tenant is being evicted, or specifically how he or she violates or has violated the rental or lease agreement
- A statement of the three days or, if applicable, the agreed number of days in the agreement
- An ultimatum stating that legal action may be pursued (and you may or will bring the case to court) if the said tenant fails to vacate the unit
- The date when the notice was given
- How the notice was given
It is important to remember that an eviction notice is invalid if key information is missing. Commonly overlooked are complete details of non-payment of rent or the violations that led to the landlord-tenant disputes. If this is the case, the three-day period will not commence and a new notice with all the necessary information must be given before the landlord can continue with the eviction process.
Additionally, keep in mind that a Notice to Vacate is generally unconditional. This means that if tenants do not move out within the set period of time, you should seek legal help from a Frisco landlord attorney and an eviction lawsuit can be filed.
Resorting to unlawful actions
If the tenant vacates the rental property in three days, the security deposit may be used to cover repairs for damages, if any. You may opt to sue for the remaining amount and wait for court action if repairs exceed the amount of deposit.
On the other hand, if the tenant fails to move out, you can proceed with an eviction case. In Texas Justice Court, the proceeding is referred to as a ‘forcible detainer suit’, a ‘forcible entry and detainer suit’, or a ‘suit to evict’. Get legal advice from experienced Frisco landlord attorneys to make sure you do everything correctly.
You must first go to court, attend a court hearing, and win the case before the property can be up for possession, usually by a law officer, on your behalf. Make sure to comply with laws on how to evict tenants lawfully and to follow the procedures for a forcible detainer lawsuit filing. Never attempt to resort to self-help options, like changing locks or messing with the personal property of renters. This might lead to penalties associated with illegally evicting tenants.
If a tenant has not paid rent and you are looking into eviction notices for nonpayment (or if you have questions on eviction proceedings in general) give us a call. Landlord-tenant laws are very detailed in terms of how to evict tenants legally, and you are expected to correctly fill out court papers and other paperwork.
Keep in mind that tenant rights exist, and the last thing you want is to get involved with illegal eviction. Contact our reliable Frisco landlord attorney at Girling Law, PLLC for legal assistance.