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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27682
Experience:  JA Mentor
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I have sent a certified eviction letter to my tenant that is

Customer Question

I have sent a certified eviction letter to my tenant that is 3 months late in rent, I gave him 3 days in the eviction letter and let him know that I am putting the house on the market ASAP.He has not left, nor has he answered calls. I am not located in that same city, but we are all located in Texas. What is my next move to get him out of my house?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 2 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If the tenant does not pay rent within three days after you served the notice (not counting the day he gets it), you can go to the landlord/tenant court and evict him. The lawsuit must be filed in the county where the property is located. Many courthouses have forms you can use - check their website, and if you don't see anything, call to ask. You may be able to have them mail you the forms and return them by mail. It will take longer, but it's also cheaper than hiring a lawyer. You can also hire a lawyer to file the lawsuit for you.

If the tenant pays, then he is legally allowed to stay until the end of his lease, even if the property is sold. The new owner accepts the property subject to the lease, with the same terms.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 2 months ago.
What happens if he does pay within those 3 days yet there is no lease in place?
Expert:  Lucy, Esq. replied 2 months ago.

Then you have serve him a 30 day notice to vacate. Anyone who is going to buy the property will probably include a clause stating that you're responsible for ensuring the tenant leaves before the closing.

Customer: replied 2 months ago.
Do I have to do this through the courts still? Or is this something I need to do before filing legally?
Expert:  Lucy, Esq. replied 2 months ago.

The 30 day notice lets him know that you're terminating the lease at the end of the next month. That just goes to him. If he doesn't leave, then you have to go to court to evict him.

Expert:  Lucy, Esq. replied 2 months ago.

Please rate my answer positively to ensure I get paid for the time I spend answering your questions. If you are on a mobile device, you may need to scroll to the right. Thank you.

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