San Antonio Texas Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates

State:
Texas
City:
San Antonio
Control #:
TX-1047LT
Format:
Word; 
Rich Text
Instant download

Description

This is a notice from landlord to tenant to advise tenant of the breaches of tenant's obligation to limit and control the conduct of tenant, tenant's family members and guests. This notice states that tenant is disturbing the quiet and peaceful enjoyment of neighbor's premises.


Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. "Quiet" is not restricted to an absence of noise; it has been interpreted as "uninterrupted". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.


Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages.

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FAQ

The problem must either a) materially affect the physical health or safety of an ordinary tenant or b) arise from the landlord's failure to supply hot water at a minimum temperature of 120°F.

Another provision of the Texas Property Code, Section 72.101, says that, under certain circumstances, personal property can be presumed abandoned if it is left on the premises for three years.

(a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.

Quit notices served by landlords or tenants must be for valid reasons. Notice must be given NOT less than 30 clear days of the rent due date. If a landlord gives a tenant notice to quit the premises for arrears in rent and the tenant pays before the expiry date of the notice, the notice is no longer valid.

A provision in a lease agreement or a manufactured home community rule that purports to waive a right or to exempt a landlord or a tenant from a duty or from liability under this chapter is void. Added by Acts 2001, 77th Leg., ch.

This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants. The right to health and safety in your home.

Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing.

Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption.

Learning the Abandoned Possession Laws in Texas In the state of Texas, a 60-day collection period is provided to the tenants once they are given notice. Beyond that, landlord are free to dispose of the abandoned possessions.

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San Antonio Texas Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates