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 julie, Real Estate Pro in Killeen, TX

I own a duplex in texas and my tenant is 30 days past due.

Asked by julie, Killeen, TX Fri Mar 30, 2012

i gave her a notice to pay in full by the end of the month or we will proceed with the eviction. Do i still need to give her another notice to vacate? its the end of the months already and she doesn't have the money to pay. What do i do next?

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Bruce Lynn’s answer
This is a legal question so you want to run it buy your attorney.

What the law is and how the JPs follow the law are sometimes two different things.

In my lay person's opinion you have changed the terms of the contract/lease. You've now extended a month. So I would think yes. Some JPs don't like Pay or Quit. They just want to see a Quit letter. So in my opinion you would want to send another vacate letter (Quit). The way I read the law is you must give them 3 days, you can send them the notice or post it inside the back of the front door. I normally send regular (the law), certified (interpreted by JP) and post on the door and take a picture. If they are at home I personally hand it to them. Then you have all three methods covered. You have to give them reasonable time to have received the letter and have their 3 days before filing. So if you hand it to them personally, you could file after the 3rd day.

I've never seen one be able to pay 2 months, if they missed 1month, so get ready.

I would also talk to them. Be empathetic. If they can't pay, they need to move. Tell them you don't want to evict and eviction is very bad on their record. It will haunt them. So the best thing to do is move NOW and leave the place clean and in good condition so they can get their deposit back. However if you file, follow it through, even if they move in the process. That way you can get a judgement. Sometimes they will pay when they want to buy a car or a house in the future or get a job that checks their credit.
0 votes Thank Flag Link Sun Apr 1, 2012
Bruce Lynn, Real Estate Pro in Coppell, TX
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you need to give her a 3 day notice to pay or vacate. You may not be able to file an eviction without the 3 day notice and proof that you have given her notice. It is good practice to post it on the front door and send it out by registered post. Also I suggest you make sure that you are filing the eviction in the correct precint, sometimes it is very confusing. Hope this helps you.
0 votes Thank Flag Link Fri Mar 30, 2012
You need to give her a 3 day notice and deliver or by certified mail. If it isn't paid, you need to go and file at the courthouse.
0 votes Thank Flag Link Sun Apr 1, 2012
This is not something you want to do yourself. Realtors who answers this question are setting themselves up to a potential lawsuit if anything goes wrong.
Here is the best advice you can receive when dealing with Real Estate Contracts : Contact a Texas Certified Real Estate Attorney.
0 votes Thank Flag Link Sat Mar 31, 2012
Do not discuss with tenant at all. Have constable handle it. It only costs $15 to file an NTV.
0 votes Thank Flag Link Fri Mar 30, 2012
thanks for the answers! how much time do i give her to vacate?
0 votes Thank Flag Link Fri Mar 30, 2012
CoolBlue, you must first send a written notice by certified mail to the tenant ordering them to vacate the property, or you can have the Constable’s office deliver a vacate notice. After the allotted time is given and your tenant has not vacated the residence, you can take the unopened returned certified letter or if they accepted the letter, the green return card from the U. S. Post Office, or a copy of the Constable’s notice to the J. P. Court and file for a “Forcible Detainer”. At that time the judge’s office will set a court date, issue a “Forcible Detainer” and send it to the Constable’s office to be delivered. The court date in most cases is set within two weeks or at the court’s discretion. You may find more at http://www.hctx.net/CmpDocuments/36/Ask%20The%20Constable/Ev…
0 votes Thank Flag Link Fri Mar 30, 2012
thanks for the answers! Do you know how much time do i give her to vacate?
Flag Fri Mar 30, 2012
I would have filed the notice to vacate on late day 2 (a NTV takes 3 days). And then follow the procedure from the constable for the final eviction.. Don't wait another day.
Web Reference: http://HAR.com/jlindsey
0 votes Thank Flag Link Fri Mar 30, 2012
thanks for the answers! Do you know how much time do i give her to vacate?
Flag Fri Mar 30, 2012
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