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.
Be aware that many JPs will not accept less than a 3 day notice even though it is in your lease and complies with the Texas Property Code.
Also,, there was an amendment to the Texas property code, 24.005, effective January 1, 2016 concerning eviction notices. Suggest landlord/property managers read the changes.
Sure is a waste of time and money if the JP throws out your case because you didn’t file a proper notice.
One JP I use will not allow
any late charges to be collected and gives the tenant more time to vacate
. Hard to explain to the owner!
I agree with you Marie. Two JP’s I use do not allow collecting late charges either. Ah, the joys of the eviction process… I could write a book!
Marie, I’ll be using the same JP to evict soon, wish they would honor the written lease agreements. Do you know with this particular JP can the late fees be kept out of the deposit?
Every JP in our town will throw our case out if we don’t give a 3 day notice. So I don’t know why they even state this in the article. A lot of owner’s and manager’s are going to waste a lot of money.
TAR is stating the law. It is in the Texas Property Code. Unfortunately, most JP’s require 3 day notice. Their stance is: if you don’t like it then you can appeal it. Who’s going to do that?
How long do you have to wait if the property is purchased in a foreclosure auction? There would not be a tenet landlord relationship in this situation…?
Generally a tenant in good standing can stay 90 days after the foreclosure you can get more information at http://nlihc.org/library/foreclosure
A certain JP who’s building is right beside North Fwy, won’t allow for Tenant to be given 3-day notice unless it’s in PERSON. Allows no Late Fees, and will NOT allow court filing fees or attorney/realtor rep fees unless you type it into the Lease Agreement (somewhere in lease agreement) even though lease agreement already states this several times. Also it must in the paperwork when you file under Attorney fees or he won’t take it under consideration.
This just happened to me on Tuesday of this week!
It pays to know your JP and how he or she interprets the law/lease. I have managed in N. Tarrant County for thirty-two years and have seen JPs come and go. Some carefully follow the Property Code, others, follow their interpretation of it. It pays to know how your JP thinks and rules, if he never gives late fees, don’t ask. If he doesn’t agree with the one-day notice to vacate, serve three-day notices. You have got to follow their rules in their court, otherwise, you’ll never get possession of the property. If it is your first time in court… Read more »
So you’re saying that chapter 24 of Texas Property Code (in which the word “commercial” is never once mentioned) overrides chapter 93 (“Commercial Tenancies”)? If my commercial lease for my commercial tenant says “upon 3 day notice, tenant can be locked out of the leased property for non-payment of rent”, I still need to file an eviction? I tried to structure my lease to avoid having to file an eviction. It’s not that I mind filing; I’m intending to file to collect the $7K back rent he owes for several months. After giving him three full days’ notice, I had… Read more »
Exactly! the case if you used the TAR Residential Lease.
I had a telephonic hearing to evict a tenant from a mobile home lot/space and provided the TXR 2208 form Notice Terminating Right of Occupancy post date: 03/02/2021, effective date: 03/14/2021. And the JP dismissed the case due to not providing the proper notice form. He said I needed to provide a “Notice To Vacate.” I asked him since we are wanting to evict for non-payment on a lot/space. Do I give a 3-Day or 10-Day Notice to Vacate? He could not give me the answer. Does anyone know the answer on the number of days to give for the… Read more »