In Texas I need to know when I can evict for late payment.?
Its a one year lease. Rent is due on the 1st, late charges begin on the 5th. The second month into the lease she pays on the 6th and is completely unconcerned about timely payment. Her emails sound unhinged. I got her through Gary Green realty who charged a fee for the vetting process- i didn’t just get her off the street! Can I start eviction proceedings on the 6th or do I have to wait 30 days after the due date. My anticipation is that here shortly she won’t pay at all and I want to be ready. Thank you for taking the time to read.
You cannot start the eviction process on the 6th.
First, you have to serve this person with a notice…a 3-day notice to cure or quit. This gives them the option to leave without penalty within the 3 day time period…or not.
If they do not leave, then you can pass that person onto your attorneys and begin the eviction process. Please keep all documentation in writting from this point on so that you can back yourself up in court.
Also, if you have sent lease violation notices as well, keep all of those documents.
Another option is to just hangout and wait through the lease (if you feel that you can) and then serve her with a 60-day notice to vacate. That way she has to be out in 60 days.
Please keep in mind that I am located in California and laws in real estate/property management vary from state to state. I suggest speaking with an attorney because these laws can be tricky and you dont want to end up oweing her anything.
Good luck!
January 30th, 2010 at 8:29 am
one day late is 2 soon to evict even if her attitude is that she doesn’t care.u can warn her about being late and its too late now since leases are already signed but u should have a late fee policy.this encourages timely payments.
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January 30th, 2010 at 9:02 am
You cannot start the eviction process on the 6th.
First, you have to serve this person with a notice…a 3-day notice to cure or quit. This gives them the option to leave without penalty within the 3 day time period…or not.
If they do not leave, then you can pass that person onto your attorneys and begin the eviction process. Please keep all documentation in writting from this point on so that you can back yourself up in court.
Also, if you have sent lease violation notices as well, keep all of those documents.
Another option is to just hangout and wait through the lease (if you feel that you can) and then serve her with a 60-day notice to vacate. That way she has to be out in 60 days.
Please keep in mind that I am located in California and laws in real estate/property management vary from state to state. I suggest speaking with an attorney because these laws can be tricky and you dont want to end up oweing her anything.
Good luck!
References :
Personal Experience
January 30th, 2010 at 9:13 am
You can (and should) start eviction on the 6th of the month. I know plenty of landlords and investors who routinely begin the process on either the 3rd or 5th of the month (assuming rent is due on the first).
However, if she’s now current on the rent, then that isn’t cause for eviction. You say "Her emails sound unhinged." Check your lease for grounds for eviction. And your lease should give you the right to inspect the property on reasonable notice. You should inspect the property; from what you’re describing, all may not be well there.
Have the realty company recommend a lawyer to assist with the process.
Hope that helps.
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January 30th, 2010 at 9:35 am
I own lease homes in North Texas. My lease says the rent is due on 5th and late charges start on 6th. I don’t accept rent after 5th unless there are late fees attached.
If I have not received rent by the eighth of month I call and ask what is up (and listen because I would hate to yell and then find something horrible has happened). I have never heard any excuse that slowed me down though. I send registered letter on the tenth and go to the JP court on the 14th to file for eviction. They schedule a date and we may go to court by the 20th. Then when they lose in court they get a five day notice from the court.
By pushing as fast as I usually can I either get people to pay me on time or get them to move out within that first month.
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