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What You need to Know About Evicting a Tenant…

One of the facets of property ownership and management an owner must understand is the eviction process, which may fall under the responsibility of the landlord or the property management company employed by the property owner to handle tenant issues. In most circumstances, rent is due on the first day of the month; however, rental agreements may dictate alternative deadlines.

Successful property management means understanding the eviction process, as well as knowing when to use eviction services that abide by the Texas State Property Code. Section 24.005 of the Texas State Property Code states:

“If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days’ written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.”

Determining When Rent is Due

The first step in evicting a tenant is confirming a rent due date, so the management company can make a correct determination on its tardiness. In most cases, a rental property management company will collect rent on the first day of the month, even if that day falls on a weekend. However, a lease may indicate that rent is due on the first business day on or after the first of the month. An agreement may also indicate rent isn’t late until a specified day, such as the third day of the month.

In most cases, a tenant who doesn’t pay rent by the day it’s due is susceptible to eviction the day after the rent was due. So, for example, a landlord could use tenant eviction services to remove a tenant from a unit on the second of the month when rent was due on the first of the month. The state in which a property owner has rental units will indicate what options a tenant has in paying rent or vacating the residence.

Property Owner Options When Rent is Late

The state of Texas gives property owners the choice of allowing tenants to pay rent late after notice has been given to the tenant by the eviction service or starting the eviction process whether or not the tenant has paid the rent after its due date. One property owner may request that the rental property manager allows tenants to pay rent late after an eviction notice has been given to the tenant.

On the other hand, another property owner may decide the most expedient option would be to use tenant eviction services for any and all late rent. It’s worth discussing the decision with a lawyer, as well as ensuring full understanding from the property rental management company a property owner uses, so there aren’t any crossed wires during the eviction process.

Section 24.005 of the Texas Property Code dictates how notice shall be given to a tenant when he or she is late with rent

“Except as provided by Subsection (f-1), the notice to vacate shall be given in person or by mail at the premises in question. Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question.”

Alternatively, a landlord or the tenant eviction services a property owner uses may affix a notice to vacate to the outside of the tenant’s entry door.

Fast Eviction Service from Huntahome

The paperwork and time spent in court may require a significant investment of time from a property owner, and Huntahome can provide the eviction services you need when you’re having trouble with an existing tenant. We’ll submit your paperwork, as well as attend court, and ensure all paperwork follows the Texas State Property Code. We can also act as your rental property manager with rental management services, as well as lend our expertise to new real estate investments. Contact us today to discuss our full range of property management services.

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