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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 44537
Experience:  Attorney over 17 years, landlord 26 years
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We have a tenant that has not paid in 3 months. can I give

Customer Question

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?
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: TX
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: yes, usual up keep required
JA: Anything else you want the lawyer to know before I connect you?
Customer: he moved in his girlfriend who is NOT on the lease, do I have legal action against her?
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 7 months ago.

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..





Customer: replied 7 months ago.
I have to give them 3 days to pay and then 30 days to leave?
Expert:  barristerinky replied 7 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.