Legal Question in Landlord & Tenant Law in Texas

Non payment of rent and refusal of entry to realtor for showing,

I am renting my home.The tenants have not paid the current month's rent and have stated on the phone that they dont think they will.I am trying to sell the house and the realtor has been refused entry to show the house.My contract with the tenants is a Texas state basic contract. Rent due on the first of the month.Rentor agreed to allow the house to be shown with prior arrangement.They have refused all calls from the realtor and are dodging mine too.

I live in another county and city. Where do I file? And what kind of time frame must I give them.Need to sell and have buyers that want to look at property.Cant get in.Help.


Asked on 3/11/04, 12:01 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Non payment of rent and refusal of entry to realtor for showing,

First, you must send them a notice to vacate letter. Typically, you must give three days notice unless your lease gives a different time period. Once the time has passed, you file an eviction suit (forcible entry & detainer) in the precinct where the property is located. You will get a fairly quick trial date - about 7 or so days away. Assuming you win, tenants will have five days to either move or appeal. They can appeal to the county court but must post a bond. If they do not appeal and have not moved out, on the sixth day after the trial date, you can go back to the same JP and get a writ of possession. Constable will forcibly remove them.

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Answered on 3/11/04, 11:59 am


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