Legal Question in Real Estate Law in Texas

Tenant failed to pay Rent

im the owner of the house and i have 2 room mates. One moved in on June 14, and failed to pay rent due to problems with his work, its happened to me so so we verbally agreed that he would pay at a later date. he did not pay, and we verbally agreed again to pay at another date. Date came and he only gave me 10% of what he now owed. He signed a lease that i made using samples of other leases, and im sure it does not conflict with any laws, but now im afraid that it may not be legal here in Texas and this guy is 3 months late in rent, woes me $1100 and i still living here for free, I dont know what to do. Im a federal agent and usually away from home, and i know i cant just kick him out. the second roommate pays on time and we both want him out. What do I do to get him out and recover the money owed to me.


Asked on 8/06/06, 10:19 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Tenant failed to pay Rent

Hand him a 3-day notice that says "either pay the balance owed or move" in so many words. Then, if he doesn't move, file a forceable entry and detainer suit (under $100 filing fee) at the local office of the justice of the peace. It is easy to do and you can find complete instructions and forms on it's website. It is easy for an individual to do and geared as a self-help remedy for non-lawyers. If he does move, then you can recover our losses (or at least obtain a judgment against him) with a lawsuit in small claims court - also at the justice of the peace's office.

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Answered on 8/07/06, 7:21 am


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