6 Mistakes Everyone Makes With Notice of Eviction in Texas
A notice of eviction is every renter’s nightmare. All eviction starts with a landlord providing the notice of eviction to the tenant. Statistics show that most of the eviction cases that are dismissed in Texas are due to improper notice of eviction. Since an eviction is entirely based upon the notice of eviction, it is important to put a little effort in understanding the necessities of an eviction notice. Give us your 5 minutes and save yourself from getting your case dismissed. And also your hundreds of dollars!
Here are the major 6 mistakes everyone makes with the notice of eviction in Texas and how to solve them.
Mistake No.1: Not providing a notice of eviction
Well, in most of the cases, this is the major reason why the eviction process is dismissed. The landlord has to provide a notice of eviction in order to file a case against the tenant. The notice should not be oral. Proper written and unconditional notice is a must.
Mistake No.2: Type of notice
Landlord should be very careful while sending the notice to the tenant. There are certain rules under the Texas Landlord Tenant law which ensures that enough time was provided to the tenant to vacate the premises. A 3 day notice is issued for non-payment of rent. A 10 day notice is issued for the lease violation by the tenant. Whereas a 30 day notice is issued in Texas for month to month lease or non-renewal of lease. Providing the 3 day notice to leave for the tenant with grounds for non- renewal of lease can cause problems.
Mistake No.3: Reason for issuing a notice of eviction
No one can evict a tenant just because of how they look, their religion, gender, color, race, disability, family status or ethnicity. The reason for eviction should be based on failing to pay the rent on time, violating the terms of the lease, causing trouble for the neighborhood, illegal activity or physical damage of the property.
Mistake No.4: Providing an improper notice of eviction
The notice of eviction should comply with Texas landlord tenant court law. The reasons for issuing the notice should be clear. It should mention the names of all the tenants included in the lease, reason why it was issued, date on which it was issued, date on which the tenant should vacate, address of the rental property and proper signature of the landlord. If there are spelling mistakes or any of these important details are missing, the eviction process will get dismissed. The landlord can fix the errors and apply for eviction all over again.
Mistake No.5: Delivering the notice of eviction
Since notice of eviction is an integral part of the whole eviction process, the landlord should make sure that the notice is delivered as per the law requires it. It is a legal procedure so do not mess with this notice. To deliver the notice of eviction in Texas, the landlord should provide the notice to the tenant at the rented premises through e-mail, a registered post or personally. If the landlord cannot find the tenant at the rented premises, he can hand over the notice to anyone who is above 16 years and residing at the tenant’s address.
Mistake No.6: Filing the eviction petition (case)
Never fail to consider that the entire eviction process is based upon this notice. If the petition is filed in court before providing the notice of eviction to the tenant, or before 3 days of providing the notice of eviction then the case will be dismissed. If a 3 day notice is provided then petition can be filed only after 3 days; not before that. If proper procedures are not followed, the tenants can challenge the eviction process on technicalities and force the landlord to start over the process again.
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