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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116812
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My ex wife made a contract with an individual on her paid

Customer Question

My ex wife made a contract with an individual on her paid off house.
The person has not provided insurance for the house as stated in the contract, and has not paid the agreed monthly payment for the past four months. How can she get them to pay or get them evicted?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

She was not quite told the truth. What she has to do is first give a 3 day notice to evict to the person she made the contract with. The notice states that they are in breach of the lease for non-payment and they have 3 days to pay up everything due or vacate the premises. Here is a sample notice: http://rentallease.net/texas/texas-three-3-day-notice-to-quit-nonpayment-of-rent/

Once she does that, then she can indeed file a suit for eviction and unlawful detainer against the woman in court and the court will indeed order an eviction, children or not. Just because someone has children does not give them the right to live rent free in someone else's property and whoever told your wife that is incorrect. She just has to follow the steps in the legal process to get the court to evict the woman.