Legal Question in Real Estate Law in Texas

Failure to pay rent

I have a tenant that has informed me that she is moving. She has not given the 30 day notice we spoke of originally. She also says that she will need to stay and or keep belongings in the house for an additional 2 to 3 weeks but she is not willing to pay rent for the month of October, or even a prorated amount for the time she spends in the home. If here month to month agreement is terminated by here and ends September 30, is it reasonable for her to believe she can remain in the house for up to 20 days in October rent free? The local judge says that if she is not out on the first, that I can legally start eviction proceedings but the process may take up to 15 days. If that is the case I might as well just let her stay the extra five days. How can i go about collecting the rent due for October if she is not out by the 1st?


Asked on 9/27/06, 5:43 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Failure to pay rent

If she were my tenant, I would start with a hand-delivered or FedExed letter NOW stating that if her belongings are in the premises on October 1st, she must pay rent for the month of October. If things are there 10/1 and no money, give her the 3-day notice. If she is not out in 3 days, file eviction in small claims court. In addition to evicting her, you will be awarded a money judgment for her October rent (or at least most of it)if you ask for it in the petition. The judgment will be on her record for the next 10 years and if she cares about her credit, she will probably pay. If not, you probably have an uncollectible judgment.

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Answered on 9/27/06, 5:57 pm


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