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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35387
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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my housemate sign a contract for renting a room of my house

Customer Question

my housemate sign a contract for renting a room of my house in Jan. and Feb., then continue pay month- to month . Last april and may, he have not pay utilities bills as in the contract de, and did not pay rental fee in June. To day, I get his message sent
2 days ago ,order me to fix the ceiling in one vacant room and complain about others happen in last 2 week. since he did not pay rent ( break the contract , should i terminate his contract and kick him out of the house to day ? here is his message "K......We
have not had internet for two weeks,no air conditioning for two weeks and mold in the ceiling... this must be fixed within 48 hours, these are health violations and renters rights have in Texas.... violation of our lease. please have this done by June 14,
2013. regards. T.
Submitted: 3 years ago.
Category: Legal
Expert:  Barrister replied 3 years ago.
Hello and thank you for using Pearl.
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Have you given the tenant any written notice to pay rent or move?
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Are you looking to just evict the person now?
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And this is Texas, correct?
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Thanks
Barrister
Customer: replied 3 years ago.
yes, it 's in Dallas, Texas,
he have signed the contract . I want to send him a notice to move today , 6/14 because he have not pay his bills and rent this month, he is no longer my housemate but I have to consult with the lawyer to avoi any mistake I may do .
So what should I do to let him out of my house ?
Do you want me to fax you the contract he has signed?
thanks
Kim
Expert:  Barrister replied 3 years ago.
Ok, in Texas, if the landlord wants to evict a non-paying tenant, they must first give the tenant a three (3) day notice to vacate which has to be done by certified mail with return receipt requested or hand delivered to the tenant with a witness who could testify on your behalf that the tenant was personally given the notice. The other option is to have a sheriff or constable serve the 3 day notice.
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If the tenant fails to vacate the premises within the time allowed the landlord proceeds to filing the suit. In Texas, eviction suits must be filed in the county and precinct where the rental property is located. The landlord needs to complete the forcible detainer (eviction) FD form for Texas, which needs to be notarized either before the landlord gets to court or the Court Clerks can notarize it when they get there. When the landlord files the FD form, they will need a copy of the notice to vacate letter that they issued to the tenant.
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Filing the suit consists of filing a forcible detainer petition with the Court and paying the court cost, which changes so check with the courts before filing. The court costs pays for the filing of the suit, the court hearing and the Constable fees for serving the FD to the tenant.
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After all the legal filings the Court will issue a court date, the landlord must come to court ready to prove their case.
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If the landlord wins the suit in Court and the mandatory five (5) day appeal period is over and the tenant is still occupying the property then the landlord has to file a Writ of Possession. A writ of possession is a court order given to the Constable to remove all tenants and their property from the rental property. The Constables then posts a notice along with the writ of possession that all occupants of the rental property has 24 hours to vacate voluntarily or be physically evicted.
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The whole eviction process can take about 40 days from start to finish. There is no obligation to have an attorney, but I would opine that if you pay an attorney to do it, it would likely cost $400-600, not including filing fees, which vary from county to county, but are usually around $100.
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Thanks.
Barrister
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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
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Customer: replied 3 years ago.
I just like to respond to his message today so he won't claim on my negligence, and i would like the termination of tenancy so he can move out of the house .
Right now , I am working in other state , South Dakota , till oct. that will be messed if I do any lawsuit again him .
Read and please correct my statement respond to him.Hi Tony ,
The air conditioning ran well before I leave for SD, I do not know why it is not running now , you should tell me 2 weeks ago when it happens, notafter 2 weeks , because if I can not find anyone to fix it , you can move out to other place.
In the contract , you just want to sign up till Febuary , and last 2 months (april, may) you have not pay utilities bills of these 2 months , and did not pay rent on June . therefore you are welcome to move out of my house by June 14 . since you break the contract of not paying your rental fee and utilities bills .
I think we, me and your family , always kind toward to each other eventhought with intention to be partner for life or not . So you welcome to find other place to stay, at the soonest, 48 hours , because I will not responsible or any have any reliable for you in my house any more.
Shelley tell me she is going to rent the house or hotel .
If you keep the house clean , and move in 48 hrs , I will waive the utility bills in April , may and half jun renting fee.
best Regards,
Please let me know if the statement will cause me any trouble later?
Thanks
KimKim
Expert:  Barrister replied 3 years ago.
I don't see anything wrong with it and you are offering an incentive for him to move out without having to formally evict him if he does so quickly.
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However, I doubt he will move because he knows you are out of state and it will be tough to evict him from there unless you hire an attorney. With that said, I would still deliver the 3 day notice via certified mail along with your response. That way he knows that you are beginning to take legal action to evict him.
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Thanks.
Barrister
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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
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