Legal Question in Real Estate Law in Texas

renter in own home

I plan to evict my month-to-month renter immediately (for reasons other than unpaid rent), how do I handle the upcoming rent due?I have already asked her to look for another place to live. She has totally ignored this request and is still settling in her belongings from storage. She has given me a post dated check for 12/10 for December rent. Tomorrow I will begin eviction proceedings through the county as I would like to evict her immediately but realize to some extent when she goes is out of my control. I am unsure what do I do with the rent money? She is obviously not looking to move out this week and December is here. She will need to pay for the time she stays here. How do I handle the rent?


Asked on 11/30/08, 12:05 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: renter in own home

Accept the rent and give her a 30-day WRITTEN notice to move. When she fails to move in 30 days, give her a 3-day notice to vacate. If she fails to move after the 3 days, file an eviction at the local justice of the peace's office. Good luck.

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Answered on 11/30/08, 3:43 pm


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