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I have a tenant who is complaining about everything and trying to get me to pay for 'repairs' and 'improvements' that he has done. Never turned in an inventory and condition form, either but has produced a copy several months later (which is still dated too many days after the commencement of the lease).
His rent was due the 15th and he had five days grace - so after the 20th he was in Default.
Question is - can I evict him even if he still pays up with the rent and late fees?
Depends what your eviction notice says. In my state, eviction notice are to "Pay or Quit", which means if they pay in full (including all legal fees and late fees) that they can stay. Some other states give a "Notice to Vacate", which appears to mean that they are just flat out requiring you move out.
Depends what your eviction notice says. In my state, eviction notice are to "Pay or Quit", which means if they pay in full (including all legal fees and late fees) that they can stay. Some other states give a "Notice to Vacate", which appears to mean that they are just flat out requiring you move out.
That difference is whether someone is being evicted for non payment or for breaking the lease. ie.. damaging the property, pets, etc....
If they recieve a notice to pay or quit, if they pay they stay.
That difference is whether someone is being evicted for non payment or for breaking the lease. ie.. damaging the property, pets, etc....
If they recieve a notice to pay or quit, if they pay they stay.
Not everywhere. I have seen that in some states, apparantly they do not do a "Pay or Quit", they just have a "Notice to Vacate" for all 3 day (or 5 or 7 day) evictions.
In Texas, if you are attempting to evict for non-payment of rent, if they pay....they stay. If you are attempting to evict for breach of lease, you will have to have serious proof of the violations of the lease.
You have to serve a 3 day notice to pay or quit, then file eviction with the JP. The tenant can come into court and pay the rent and all fees(including legal) and stay. It's a difficult call. How long is left on the lease? It may be worth the wait to not renew when the time comes and make sure you give a receipted notice of non-renewal.
I sent him the three-day notice yesterday in the mail and last night he paid rent but without penalty and late fees...
Should I deposit this check? At this point I would really like to evict him as I can see nothing but trouble down the road. He has somebody saying he is a lawyer threatening to do some 'action' if I don't make the improvements (not repairs) he wants and reimburse him for his unauthorized 'repairs'. The 'lawyer' keeps citing things that were heresay promised by my handyman (and he denies them) and not written into the lease..seems a bit suspicious to me..
I use one of the largest firms in Dallas - very expensive - trying to get free advice here!
FREE advice is not always accurate or good advice. The best advice is speak to your lawyer.
Last edited by PacificFlights; 05-25-2011 at 05:59 PM..
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