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We have a tenant that has not paid in 3 months. can I give…

Customer Question
We have a tenant...

We have a tenant that has not paid in 3 months. can I give him a 3-day notice or do I have to give him 30 days?

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

TX

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

Yes, usual up keep required

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

He moved in his girlfriend who is NOT on the lease, do I have legal action against her?

Submitted: 3 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
3/28/2018
Lawyer: barristerinky, Attorney replied 3 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.

.

Yes. you can give them a 3 day notice for the total amount of rent due and then when they don't pay, file a formal eviction case in the local court to get a judgment and a writ that the sheriff will execute to force them to leave..

.

And if there is someone not on the lease, make sure any notices are to the tenant and "All Unknown Occupants" so you cover everyone living there..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 3 months ago
I have to give them 3 days to pay and then 30 days to leave?
Lawyer: barristerinky, Attorney replied 3 months ago

Nope, you give them 3 days to pay or vacate (that means leave). If they don't pay everything that is owed in that 3 days, or move out, then you go to the local courthouse and file a formal eviction lawsuit against them. The clerks have the summons and complaint forms you need. Then you go to court a few weeks later, get a judgment, and then later a writ, that the sheriff will serve on the tenant and force them to leave.

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