Do you know how much notice to give ahead of filing an eviction?

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07/15/2016 | Author: Editorial Staff

How much notice does a landlord have to provide a tenant prior to filing an eviction?

It depends on the terms in the lease. The Texas Property Code requires that a tenant under a written lease or oral rental agreement receive a written notice to vacate the premises at least three days before the landlord files the eviction suit—unless the parties agree in a written lease to a different time period. This would be the case if you used the TAR Residential Lease, which requires only one day written notice to vacate prior to the landlord filing the eviction.

Categories: Legal
Tags: evictions, legal, legal faq


Chris Rosprim on 08/04/2016

Agreed Katherine - your depiction is similar to what I experience in Denton for the most part.  Overall a good recap!  Thanks for sharing

Katherine Stanley on 08/04/2016

I have the unfortunate experience of evicting several people around the Houston area in precincts 4, 5, and 6. For those 3 courts, all of the clerks look for 3 whole days. I go file on the 4th or 5th day to make sure the tenant doesn’t win a complaint based on any misunderstanding when standing in front of the Judge.  The Notice to Vacate must be very specific with address, names, and dates.  Be prepared to prove rental payment history , late fees and utilities do not count and muddy the eviction hearing.  The court date will be advised and can be as soon a 1 week or as long as 30 days depending on the case load.
Then, if awarded eviction, the judge gives minimum 5 days for them to move out. Again, 5 whole days, so plan to return to file for the WRIT on the 6th day. Return to the court house to pay for and file the Writ of Possession. Then, wait..wait…this request gets put in line with every other eviction in the precinct. Precinct 4 usually takes a week, Precinct 5 takes 2 or more weeks, Precinct 6 is usually 1 week - to put the “notice” on the door which tells the tenant they have 24 hours to move out. Then, wait again because they don’t do move out in the rain or on weekends. Add those days. Then, again get in line or attempt to make an appointment with constable who’s name is on the notice. Then, get a crew to help move their possessions. The landlord (not the constable) is responsible for moving the possessions.
For the most efficient precincts, the eviction process is roughly 21 business days and can go more than a month. If the tenant appeals the eviction the process can extend beyond 90 days. Seeking the advice of lawyers and experienced Real Estate professionals can minimize the challenges.
I hope this information helps! Good luck!

Kara Pickney on 07/24/2016

Ross, I deal in property management with MH, and they are totally different than a single family residence.  You do have to give a 10-day, because they are hard to move.  You have to move the whole MH, where the tenant in a single family residence has to move.  Know, I have not done this very long, I took it over after my dad had it and is wanting to retire, but when it comes to the whole MH moving you have to give the tenant more time.  This is how we have to do it in Tarrant County anyways, and yes they will throw it out here if it is not done correctly.  You also have to give it the whole 10 days before you can actually file as well.  You do need to treat the 10-day notice the same as a 3 day notice.  You need to make sure you mail it, and have proof of mailing.  I send mine regular mail and certified.  Your county may like this done differently.  I know our judge here in Tarrant county gives us classes we can attend to make sure we are up on the rules she expects us to abide by.

chris rosprim on 07/22/2016

Severina…. you need an attorney to help you on this.  one that is experienced and knowledgeable in eviction issues.

Severiana Jordan on 07/21/2016

I have a unique situation, have talked with several attorneys and we are all scratching our heads.  1.  Have a 90 acre farm where I own 4 manufactured homes(MH)  that I rent out.  I have 4 additional spaces.  It was and is my intention to place two more MH on the vacant spaces.  Two of the spaces were leased to people who owned their own MH when I bought the place in 2007.
2.  One of the tenants died in February.  His MH was in his deceased wife’s name.  His current common law wife was not on title.  His heirs removed the common law wife , sold the MH and the supposed new owner requested to lease the space.  I denied the request as I wanted the space for personal use. 
3.  Without permission, the new owner of the MH moved into the MH and when confronted said that he had no other place to go and would continue to live there until he could move it and if I tried to evict him he could drag it out for 9 months.  I called the sheriff and asked that the squatter be removed.  The sheriff would not remove the squatter and told me I would have to evict him through the legal system.
4.  I served a 3 day notice and filed an eviction.  I used the wrong 3 day form and so the case was dismissed without prejudice.  I served a new 3 day notice and eviction.  Again the case was dismissed without prejudice because the judge said I did not have a tenant/landlord relationship and advised me to get an attorney.  In refiling we think (the attorney and I), a 10 day notice would be appropriate and we will ask for attorney fees.  The other consideration is that I could be made liable for moving and storing the mobile home after the eviction if the judge rules in may favor.  These people are not pleasant neighbors and I don’t know how to get rid of them.

Ross McEathron on 07/21/2016

Rick, I address all of my eviction letters to John Doe, Jane Doe and all other occupants. That way, everyone that lives there is covered. Also, the TAR lease does specify you only have to give one day’s notice but most JP court judges will frown on that short time frame. I always give them 3 days notice to vacate. Thankfully, I’ve only had to file one eviction in all the years that we’ve owned rental property and they moved out before the end of the month and it was so clean, I could have leased it out the next day. Instead of mailing a certified letter or getting all in a huff about it, I went out and had a face to face conversation with them. Most horror stories come from over aggressive landlords that get in someone’s face about the situation (which the tenant is most likely not happy about either) or from letting the wrong tenant move in in the first place.

Chris Rosprim on 07/15/2016

I went to JP court (Precinct 5, Denton County) last week to file for eviction.  The date I put in the form that I gave notice to the tenant - the clerk advised I had to have 3 full days from that date before I could file.  I was a day early. So the JP court goes by their own rules regarding notification requirements and at least in JP 5 there must be 3 full days between the date you gave notice and the date you come to file for eviction.

Rick Ebert on 07/15/2016

This is a good start but evictions can be tricky.  If an occupant residing with a tenant under the TAR lease agreement, and the occupant is to be evicted also, then I believe that the occupant requires a 3-day notice, while the tenant only needs a 1-day notice.

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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

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