I own a home in texas and the lease has ended but the renters have not left what do I do.

Asked by Amcguire, Converse, TX Thu Sep 30, 2010

Help the community by answering this question:

+ web reference
Web reference:


Amcguire’s answer
Amcguire, Both Buyer And Seller, Converse, TX
Thu Sep 30, 2010
To go along with the question my renters have not paid on time a single month, and have recived 3 day notice to vacate on several occations. To make matters worse I am in the military and no longer live in Texas. My lease states we are now on a month to month rent but I just want them out and then did not give a written 30 day notice to leave. Also there is a family who wants to buy it.
0 votes
Alicia Chmie…, Agent, Frisco, TX
Thu Sep 30, 2010
Reread your lease agreement to see if you are in fact on a month to month basis. From there it is wise to consult a real estate attorney.
0 votes
Chris Tesch, Agent, College Station, TX
Thu Sep 30, 2010
Did they give you a notice to vacate? As stated by the other two agents, we don't quite have enough information on the whole issue. Typically leases default to month to month unless another lease is signed or the rentor or landlord give written notice.

good luck!
Web Reference:  http://www.ChrisTesch.com
0 votes
Greg Fowler, Agent, Dallas, TX
Thu Sep 30, 2010
the answer to your question is contained in your lease. The lease should address the condition of either automatic renewal on a month to month basis, or a holdover condition.

If it does not, then refer to the Texas Property Code:

Texas Property Code - Section 24.005. Notice To Vacate Prior To Filing Eviction Suit

Hope this is helpful
0 votes
Janine Love, Agent, The Woodlands, TX
Thu Sep 30, 2010
Following what Caroline said, if they are staying without paying, in Texas, you can serve them a 3 Day Notice to Pay or Quit, or if you just want them out, depending on how your lease is written, you may have to give them notice that you are ending their lease and that you are not renewing it and are giving them XX amount of days notice to vacate (normal is 30 days). If they do not move, then you can give them the 3 Days Notice to Vacate, and then file in court. Depending on the county in which the home is in, eviction can be quick as 2-3 weeks or as long as 1-3 months.
0 votes
Caroline Choi, Agent, Los Angeles, CA
Thu Sep 30, 2010
Hi Amcguire, without knowing the specifics of the situation, it sounds like you and the renter are now on a month-to-month agreement. Have they continued to pay their rent on time? Was it agreed to that they would leave at the end of the lease? If they were supposed to vacate, you can elect to go through the eviction process. It will take time and money, but if the tenant no longer belongs on the property and has violated some previously established terms, that's the way to have them vacate.

Best of luck,
0 votes
Search Advice
Ask our community a question
Rental Basics in Converse Zip Codes

Email me when…

Learn more