Can I give an Eviction Notice to the tenant ? (rental, credit) - Houston - Texas (TX) - City-Data Forum

MRNI · 11-04-2010, 06:39 AM

I am a homeowner , the tenant did not pay rent , can i send himan eviction notice ? Where can I get a sample eviction notice document? Is there a specific format?

Any experience from you all will help me....

fatmancomics · 11-11-2010, 09:36 AM

The fact that you ask such a basic question makes me think that you've already made the mistake of not having a formal lease with this person which will complicate things. Look up your city and its rent laws to find out about your predicament.

City Love · 11-11-2010, 10:04 AM

By how much are they late?

MNCold · 11-11-2010, 12:12 PM

I don't know about TX law but I'm very familiar with eviction/renting in MN. I will tell you how it works here in MN and I'm thinking that it would be similar in TX.

In MN, you can basically starts an eviction anytime the rent is late. Sending a tenant letter requesting him to move out is one thing. If the tenant is nice enough, he/she will move out himself. If the tenant won't move out, refuses to answer your phone call and refuses to do anything, that's a different topic.
In order to legally file an eviction, you'll have a file the eviction paper in court. Usually, it takes about 2-3 weeks to get a court date. If the tentant just simply not paying rent, then you will win and the tenant is forced to move out. A police will come over if he/she doesn't.
Now, there's a cost associated with filing an eviction and it's depending on city. In Minneapolis, MN as an example, it costs $350/eviction filing. Now, if you hire an eviction service to handle the paper work for you and represent you in court, it's another $100. In totally, you'll end up paying $500 plus couple weeks of non-rent paying while waiting for court date.
It is very common for LL to entice the tenant to move out by himself but telling him that his rent history will be damaged by having an eviction record. Also, I know of many landlords who would actually give the tenant some help with moving or $100-$200 to entice him/her to move out.

It's an ugly situation but I'm hoping that you have a reasonble tenant who does care about credit and rental history. In your case, try to work out with the tenant first to see if he has some short-term hardship and give him a chance to make up.

MNCold · 11-11-2010, 12:18 PM

I also forgot to mention that's there is a requirement for how to deliver eviction notice. Not sure how it is in TX but we always have a 3rd party (police) or eviction service deliver the official eviction paper work.

I always first try to send a notice to move out demand first. The tenant usually will call back and try to work something out. If not, then I'd start eviction notice. You don't want to get the tenant too upset as he/she could end up to damage your house a lot more than the deposit could cover.
If you do an online search, you should be able to find all templates for generic renting including notice of late payment and demand to move out letter. For for legal eviction notice, you should go directly to county/city/state website to get the right form.

blackcatfuzz · 03-26-2011, 09:50 PM

Hi MNCold!
I'm in MN. My situation is that I don't sign a contract with him. I just wrote a paper that I receive $100 deposit and $380 renting. Now, he's so annoying and dare me to evict him. Can I call a police to evict him immediately because we don't have any renting paper except $100 deposit receiving by hand writing.or I need to go to course to file eviction form.
Thank you so much

Crye · 03-26-2011, 10:56 PM

1. The notice to vacate

If a landlord alleges a tenant is not paying rent, the Landlord is required by law to give the tenant written notice to vacate the premises. This notice can be delivered to the tenant personally with a witness, by certified mail (return receipt requested) or by any other method allowed by law. Unless your lease specifically states otherwise, the law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked.

2. Filing the Suit

You must file an original petition with the Court and pay court costs. These court costs pay for filing your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant that you are attempting to evict him.

3. Going to Court

You must go to Court and prove your case by a preponderance of the evidence. Simply filing a suit does not necessarily mean you will win your suit. You should bring all documents and other evidence with you to Court in a well organized fashion. At the hearing, you will have to present evidence to show that you are entitled to possession of the premises.

4. Writ of Possession

If you have won your suit in Court, and the mandatory five day appeal period has passed, and the other party is still in the premises, you can file a Writ of Possession in Court. A Writ of Possession is a Court order to the Constable to place you in possession of the property. The Writ of Possession will cost you and may be requested at the JP office where the judgment is. The Constable of your particular Precinct can answer your questions about this Writ.

Poltracker · 03-27-2011, 06:26 AM

You need to look up Chapters 24 (eviction), 91 and 92 (Landlord/tenant rights and remedies) of the Texas Property Code here: Texas Constitution and Statutes - Home and follow them precisely. You should not have rented without being familiar with this code in the first place. Be careful or you can get yourself into trouble by not following the code. It might be worth it to hire an attorney familiar with residential evictions to do this for you.

blackcatfuzz · 03-27-2011, 12:39 PM

Thanks for your reply!

I'm living in Minnesota. I and my tenant is friend. He asked me to live in 1 month. But now he doesn't wanna move out. I don't sign any contracts with him except a hand writing paper that I received 1 month rent. Can I call police to evict him now or I need to go to court to file eviction form?

Please help me. I can't stand him anymore. He's so rude and annoying. Thanks

Poltracker · 03-27-2011, 02:29 PM

Quote:

Originally Posted by blackcatfuzz

Thanks for your reply!

I'm living in Minnesota. I and my tenant is friend. He asked me to live in 1 month. But now he doesn't wanna move out. I don't sign any contracts with him except a hand writing paper that I received 1 month rent. Can I call police to evict him now or I need to go to court to file eviction form?

Please help me. I can't stand him anymore. He's so rude and annoying. Thanks

You need to post to a MN forum. The laws in Texas are probably quite different.