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barristerinky
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.

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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..

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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..

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thanks

Barrister

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.