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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15935
Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have a tenant that I recently had to serve with an eviction

Resolved Question:

I have a tenant that I recently had to serve with an eviction notice to get the rent paid. I have since decided that I no longer want to rent my house and that I want to move back into it. As stated in our lease agreement, either of us can terminate the lease with a 30 day notice. What is my course of action if the tenant isn't gone in 30 days. I live in Texas.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Was the rent paid after you served them notice or is the case still pending? Also, is the rent paid on the first of the month?
Customer: replied 1 year ago.

After the eviction notice was served, the tenant paid the rent and the eviction was dismissed. The rent is due on the 1st of each month.

Expert:  RealEstateAnswer replied 1 year ago.
Thank you for the additional information. Typically, at least 30 days notice is required, if you are going to terminate the lease agreement, pursuant to your right, stated within the lease. If the rent is paid on the first of the month, notice is normally given on or before that time, about terminating the lease, so the tenant is out and can find a new place to live. In the event that the tenant fails to vacate and requested, then you would have to start over and go through the eviction process again, since the tenant would be holding over and have no legal right to stay. They would be in breach of the lease, since they received the notice and failed to vacate, as instructed. The only thing that the tenant may argue is that notice was not given on her before the first and they need more time. If rent is paid on the first and you gave them notice on the fifth, they would have a legal right to stay until then. Of course, the issue arises about them paying a pro rated rent for those five days since they legally would be able to stay. In a situation like this, if you have concerns, you may want to come to an agreement that they leave July 31, which give them enough time to find a new place to live and you can collect the full rent.
Customer: replied 1 year ago.

The lease termination letter was sent by mail, and we verbally told them that we were moving back on July 5th. If the tenant pays rent on the first can I just refuse it and collect what is due after they have left.

Expert:  RealEstateAnswer replied 1 year ago.
The only rent they should pay is for the 4 or 5 days which they occupy the premises. Of course, if you wanted to make this easier, you could agree with them that you will not charge for those 5 days, as long as they vacate. This way, they can move out and sign a new lease that starts on the 1st of July with a new landlord.
Customer: replied 1 year ago.


One more question and I promise I'm through.


 


In cases like this about how much time is appropriate to give someone to vacate who has violated the 30 day notice.

Expert:  RealEstateAnswer replied 1 year ago.
Below is the statute which controls and stated how much time you need to give PRIOR to starting the eviction process.

§ 24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION
SUIT. (a) If the occupant is a tenant under a written lease or oral
rental agreement, the landlord must give a tenant who defaults or
holds over beyond the end of the rental term or renewal period at
least three days' written notice to vacate the premises before the
landlord files a forcible detainer suit, unless the parties have
contracted for a shorter or longer notice period in a written lease
or agreement. A landlord who files a forcible detainer suit on
grounds that the tenant is holding over beyond the end of the rental
term or renewal period must also comply with the tenancy
termination requirements of Section 91.001.
(b) If the occupant is a tenant at will or by sufferance, the
landlord must give the tenant at least three days' written notice to
vacate before the landlord files a forcible detainer suit unless
the parties have contracted for a shorter or longer notice period in
a written lease or agreement. If a building is purchased at a tax
foreclosure sale or a trustee's foreclosure sale under a lien
superior to the tenant's lease and the tenant timely pays rent and
is not otherwise in default under the tenant's lease after
foreclosure, the purchaser must give a residential tenant of the
building at least 30 days' written notice to vacate if the purchaser
chooses not to continue the lease. The tenant is considered to
timely pay the rent under this subsection if, during the month of
the foreclosure sale, the tenant pays the rent for that month to the
landlord before receiving any notice that a foreclosure sale is
scheduled during the month or pays the rent for that month to the
foreclosing lienholder or the purchaser at foreclosure not later
than the fifth day after the date of receipt of a written notice of
the name and address of the purchaser that requests payment. Before
a foreclosure sale, a foreclosing lienholder may give written
notice to a tenant stating that a foreclosure notice has been given
to the landlord or owner of the property and specifying the date of
the foreclosure.
(c) If the occupant is a tenant of a person who acquired
possession by forcible entry, the landlord must give the person at
least three days' written notice to vacate before the landlord
files a forcible detainer suit.
(d) In all situations in which the entry by the occupant was
a forcible entry under Section 24.001, the person entitled to
possession must give the occupant oral or written notice to vacate
before the landlord files a forcible entry and detainer suit. The
notice to vacate under this subsection may be to vacate immediately
or by a specified deadline.
(e) If the lease or applicable law requires the landlord to
give a tenant an opportunity to respond to a notice of proposed
eviction, a notice to vacate may not be given until the period
provided for the tenant to respond to the eviction notice has
expired.
(f) The notice to vacate shall be given in person or by mail
at the premises in question. Notice in person may be by personal
delivery to the tenant or any person residing at the premises who is
16 years of age or older or personal delivery to the premises and
affixing the notice to the inside of the main entry door. Notice by
mail may be by regular mail, by registered mail, or by certified
mail, return receipt requested, to the premises in question. If the
dwelling has no mailbox and has a keyless bolting device, alarm
system, or dangerous animal that prevents the landlord from
entering the premises to leave the notice to vacate on the inside of
the main entry door, the landlord may securely affix the notice on
the outside of the main entry door.
(g) The notice period is calculated from the day on which
the notice is delivered.
(h) A notice to vacate shall be considered a demand for
possession for purposes of Subsection (b) of Section 24.002.
(i) If before the notice to vacate is given as required by
this section the landlord has given a written notice or reminder to
the tenant that rent is due and unpaid, the landlord may include in
the notice to vacate required by this section a demand that the
tenant pay the delinquent rent or vacate the premises by the date
and time stated in the notice.
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15935
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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