What Is the Official Time to Give Notice of Vacancy in Texas?
When a tenant breaks the terms in her lease, such as not paying the rent by the due date, the landlord has the right to evict the tenant. The landlord must follow all of the steps required by law to evict the tenant legally, including delivering a note to vacate letter to the tenant. This letter must communicate the landlord's plans to evict the tenant, and the landlord must follow the time frame required by law for delivery.
Purpose
State law requires that landlords provide tenants with a written notice to vacate before the landlord can take the tenant to court. The notice informs the tenant of the landlord's intent to file an eviction against him in court. The tenant can either vacate the premises or attend the court date and plead his case. He can also use this time to try to correct the problem by paying the past due rent.
Time Frame
If a tenant fails to pay the monthly rent by the due date, the landlord can provide the tenant with a notice to vacate immediately. However, the landlord must follow the terms listed in the lease agreement. For example, if the rent is due on the first of the month, but the landlord included a grace period until the fifth in the lease, the landlord can serve the notice to vacate after the fifth. RentLaw.com reports that the landlord must wait three business days after delivering the notice to file an eviction in court.
Content
The notice to vacate should include the date the landlord wrote the letter followed by a detailed description of why the landlord plans to evict the tenant. If the tenant failed to pay his rent, the landlord should state the amount of unpaid rent, plus any late fees listed in the lease agreement, as well as the due date of the rent. The landlord should also state his intention to file an eviction against the tenant in court.
Considerations
The landlord can deliver the notice to vacate in person or mail the letter. If the landlord decides to mail the notice, he should send it certified mail to get an accurate delivery date. The landlord will need to provide a copy to the court when he files for an eviction. The tenant should keep a copy of the notice for her personal records.
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