Jan. 11, 2011
Dear George: We rented our house and moved out of state but now need to move back. The tenants have been in our house for a little more than three months. They were late with the second month’s rent, and we haven’t seen the third month’s rent, even though it’s seven days past the first of the month. Do we have any recourse to ask them to leave before the lease is up?
Answer: Did you use a Texas Association of REALTORS® residential lease? If so, it has clauses that state what happens if a tenant is late with his rent.
Paragraph 6B: “Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise remedies under Paragraph 27.”
Paragraph 27B: “If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: Landlord may terminate Tenant’s right to occupy the Property by providing Tenant with at least one day written notice to vacate.”
So, if you used the TAR residential lease, you can essentially evict the tenant per your written contract. However, if you didn’t, it depends on what type of agreement you have with your tenant.
In either situation, hire an attorney who is board-certified in residential real estate. The attorney may tell you that a judge will most likely not evict the tenant despite what your written lease states. Bottom line: Communicate with your tenant. Tell the tenant what has transpired since you leased your premises and offer the tenant a workable resolution.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
