Legal Question in Real Estate Law in Texas
Deceased Renter
I own a rental property. I rented it out to a relative. Unfortunately, he passed away while living at the property. His immediate family told me they needed a month to vacate the property. The family also stated they would pay the additional month. It is now going on two months and they still have not paid or vacated the property. I plan to sell the property. What do I need to do to officially inform them to vacate the property, and how long do I have to give them? The tenant never signed a lease or contract with me.
2 Answers from Attorneys
Re: Deceased Renter
The key to properly evicting the family is by following the Texas Property Code Notice requirements. For a month to month lease, you are required to give a month's notice to vacate. In this instance, before September 1st, you should give them written notice to vacate by September 30th. Before that, you should immediately give notice (probably by posting the same on the door of the residence and sending a letter certified) that they have three days to vacate for non payment of rent. If no response or payement, you can then file in small claims/JP Court to evict them and recover back rent. You can prosecute such a suit on your own or retain an attorney. If you wish to retain an attorney or have further legal questions, please feel free to consult with me via e-mail at [email protected] or via phone at 254.756.5004 Thanks, and all the best.
Re: Deceased Renter
This is a procedural answer. Before Sept. 1 give them notice to vacate by September 30, in writing. This terminates any month to month tenancy they may have. Immediatley, give them a three day notice to vacate for non payment of rent, do this now. After 3 days file to evict them in Justice of the Peace court. This is called a forcible detainer suit. You can do it yourself, you don't need a lawyer. You may also at this time sue them for the rent. Ask the court how to do this L. Maun 713.266.2560
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