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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33708
Experience:  Attorney for over 15 years, landlord 26 years
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I have a tenant that i have given notice to vacate due non

Customer Question

i have a tenant that i have given notice to vacate due non payment of rent for more than 2 months but i lost the lease contract. So i dont know what to do if i cant present a lease contract. Can i still file an eviction ?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me what state this is in?

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Do you have records of when the tenant has paid rent in the past on time?

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Are they still under a fixed term lease or has it expired and is now month to month?

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thanks

Barrister

Customer: replied 1 year ago.
Lease is in Irving Texas and tenant has been with us ofr over 3years . Lease has expired over 2 years ago and is now on a month to month lease. Monthly rent is $575 a month and past due is $2000 plus. Tenant used to pay on time for the first year and gotten behind the following years. We (landlord) allowed late payment to accomodate request due to some financial problem . Tenant is a handyman so we would ask him to do some work for us to be credited to his rent. Past due is now out of control so we served a "3days noticeto pay rent or quit". The problem is we cant find the original leas. So i dont know if the judge will ask for the lease. Can i evict without the copy of the lease ?
Expert:  barristerinky replied 1 year ago.

Ok, then you don't necessarily have to have the written lease as your allegation is that they haven't paid rent when it was due. The tenant has to actually prove that they did pay when it was due.

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You would just file the complaint and state that it was an oral month to month lease, not a written lease, since it has already expired, and that the tenant was behind $XXX dollars. When the written lease expired, the tenant became a month to month tenant under the same terms and conditions as the original lease.

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You don't need to provide a copy of an expired lease and it is simpler to just state that it was an oral month to month lease contract. The tenant is unlikely to show anyway if they owe you that much and you should just get a default judgment for eviction.

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thanks

Barrister

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