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Our tenant has been asked multiple times to clean the junk…

Customer Question
Our tenant has been...

Our tenant has been asked multiple times to clean the junk from around the property she was renting from us. Ours was a verbal agreement, rather than a written contract. We told her on 11/28/2017 that she did not have to pay rent for the remainder of the year, but she had to move by the end of the year. She still has not moved,but apparently is moving things out, which she has been doing since we advised to her move out. Today, we put a notice of eviction between her screen door and her door. No one would come to the door, even though her vehicle and another were there. This is the document we leftfor her:

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

"
State of Texas
NOTICE TO QUIT
(Eviction Notice)
To: ***** *****
Located at:*****2137, Marshall, Texas 75672You are hereby put on notice of the following details pertaining to the premises listed above:
The tenant has been asked repeatedly over the past year to clean up the junk and trash around the outside of the house and on the rest of the property.
The tenant was informed, in person, on 11/28/2017, that she must vacate the premises by the end of this year. The tenant was advised that she did not have to pay rent for the month of December, 2017. As of 1/3/2018, tenant continues to reside on this property.Pursuant to state law, YOU MUST COMPLETELY VACATE THE PREMISES BY 5:00 PM TODAY, 1/3/2018.
If you do not vacate the premises by this time, you are
hereby notified that your landlords, Tommy and Charlcie Haltom, will take legal action to recover any debt owed, possession of the premises, and damages, including attorney's fees and other costs. Communications regarding this matter may be sent to your landlord's address listed below.THIS NOTICE IS BEING ISSUED PURSUANT TO TEXAS LAW. NOTHING IN THIS
NOTICE SHALL BE CONSTRUED TO WAIVE ANY OF LANDLORD'S RIGHTS OR
REMEDIES UNDER STATE OR FEDERAL LAW.
Should your landlord file a court action to evict, you will be able to state reasons why you think you should not be evicted. You have the right to consult a lawyer and should do so promptly if you believe you have a valid defense. Your landlord may not take unilateral steps to prevent your access to the premises or to shut off utilities until a court order is issued and the sheriff has arrived to remove you. You will have a legal remedy if your landlord unlawfully attempts to evict you.Served on January 3, 2018Sign: ___________________________________ Date: ________________
(Landlord or Landlord's authorized agent)

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There were no terms. She just begged us to rent the place to her a couple of years ago, so we let her. She would leave from time to time for several weeks,and her father would try to keep her rent paid up while she was gone.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She let the place become a "junk yard" with stuff strewn around the yard, and would not clean it up, even after we told her to do so repeatedly. I think that pretty well covers it. I just want to know what we can do to remove her ASAP.

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
1/4/2018
Lawyer: barristerinky, Attorney replied 6 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,576
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Have you given her any written notice to terminate her tenancy prior to now that gives her at least 30 days to vacate?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
No, only verbal.
Lawyer: barristerinky, Attorney replied 6 months ago

Ok, then unfortunately it doesn't count... you have to do everything in writing in TX by law or you can't terminate and then evict, even if you don't have a written lease. Nothing verbal is considered legal notice..

.

So under TX law, (TX Prop Code Sec. 91.001) you have to give the tenant a written 30 day notice to terminate the tenancy. Then if she doesn't move out, after that notice expires, you have to file a formal eviction action in the local court to get a judgment and a writ of possession that the sheriff will execute to force her to physically leave if she doesn't leave voluntarily.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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Customer reply replied 6 months ago
Okay, thank you very much.
Lawyer: barristerinky, Attorney replied 6 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Have a great evening!

Barrister

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