Sec. 34.04 of the Texas Tax Code provides in part as follows:
(a) A person, including a taxing unit, may file a petition in the court that ordered the seizure or sale setting forth a claim to the excess proceeds. The petition must be filed before the second anniversary of the date of the sale of the property. The petition is not required to be filed as an original suit separate from the underlying suit for seizure of the property or foreclosure of a tax lien on the property but may be filed under the cause number of the underlying suit.
(b) A copy of the petition shall be served, in the manner prescribed by Rule 21a, Texas Rules of Civil Procedure, as amended, or that rule's successor, on all parties to the underlying action not later than the 20th day before the date set for a hearing on the petition.
(c) At the hearing the court shall order that the proceeds be paid according to the following priorities to each party that establishes its claim to the proceeds:
(1) to the tax sale purchaser if the tax sale has been adjudged to be void and the purchaser has prevailed in an action against the taxing units under Section 34.07(d) by final judgment;
(2) to a taxing unit for any taxes, penalties, or interest that have become due or delinquent on the subject property subsequent to the date of the judgment or that were omitted from the judgment by accident or mistake;
(3) to any other lienholder, consensual or otherwise, for the amount due under a lien, in accordance with the priorities established by applicable law;
(4) to a taxing unit for any unpaid taxes, penalties, interest, or other amounts adjudged due under the judgment that were not satisfied from the proceeds from the tax sale; and
(5) to each former owner of the property, as the interest of each may appear.
(d) Interest or costs may not be allowed under this section.
(e) An order under this section is appealable.
Title: Understanding Texas Eviction Notice without Lease Agreement: Types and Detailed Description: If you find yourself in a situation where you need to evict a tenant in Texas without a lease agreement, it's crucial to be aware of the proper legal procedures and requirements in order to avoid any potential complications. In this article, we will dive into the specifics of a Texas eviction notice without a lease agreement, including its types, legalities, and key considerations. 1. Texas Eviction Notice without Lease Agreement: When a tenant occupies a property without a written lease agreement specifying the terms and conditions of their tenancy, the landlord-tenant relationship is often considered a month-to-month arrangement in Texas. Despite the absence of a lease agreement, landlords still have rights and obligations, including the ability to terminate the tenancy if needed. 2. Types of Eviction Notice Without Lease Agreement in Texas: a. 30-Day Notice to Vacate: In most circumstances, when there is no lease agreement, a landlord must provide the tenant with a written 30-day notice to vacate the property. This notice should clearly state the reason for eviction, and the tenant must be given 30 days from the date of the notice to move out. b. Immediate Notice to Vacate: In specific cases, such as non-payment of rent, illegal activities, or severe damage to the property, you may be able to serve an immediate notice to vacate. However, it is advisable to consult with an attorney or legal professional to ensure compliance with Texas laws. 3. Essential Elements of an Eviction Notice: To make sure your eviction notice is valid and legally enforceable, it should include the following elements: — Your name and contact information as the landlord. — Tenant's name and current address— - A clear statement that the tenant must vacate the property within the specified timeframe. — Specific reasons for eviction (if necessary). — Date at the top and the date the tenant must vacate. — A statement highlighting potential legal consequences for non-compliance. — A direct contact number for any queries or concerns the tenant may have. 4. Legal Considerations: — Service of Notice: The eviction notice must be properly served to the tenant. It is advisable to use certified mail or a process server to ensure proof of delivery. — Retaining Copies: Always retain copies of the eviction notice for future reference and potential legal proceedings. — Seeking Legal Advice: Consulting an attorney specializing in landlord-tenant law is highly recommended ensuring compliance with Texas laws and to address any unique circumstances. In conclusion, although a lack of a lease agreement may complicate the eviction process in Texas, understanding the types of eviction notices available and adhering to the legal requirements will help landlords navigate the process smoothly. Remember to seek legal advice specific to your situation to avoid any potential pitfalls associated with eviction proceedings without a lease agreement.
