This is a Notice to Vacate Prior to Filing Eviction Suit. If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.
Texas 3 Day Notice to Vacate Prior to Filing Unlawful Entry and Detainer - Nonresidential
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Texas
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TX-1233LT
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FAQ
The Judge will typically give you 5-10 days to move out. Failure to move out will result in a Writ of Possession being issued. If this occurs, the Constable will serve you with a 24-hour notice to vacate. The eviction process in Texas can be complicated.
Eviction Cases must be filed in the Justice Court in the Justice of the Peace Precinct in the county in which the real property is located. See Section 24.004, Texas Property Code.
If you have an eviction record on your background, you can petition the court in the county where the case was filed to have the record expunged, or sealed. This typically requires filing a petition with the court and paying a filing...
You must file an original petition with the Court and pay $121.00 (subject to change). These courts costs pay for filing your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant that you are attempting to evict him.
The first step is to give written notice to the tenant. The notice to vacate needs to give the tenant 30 days to move out, dated appropriately. At this point, you just have to wait. But once the 30 days are up, then you are now allowed to file for eviction.
Notice to Vacate The notice must include: The amount of time the tenant has to move out or fix a certain problem before an eviction suit is filed. This must be at least 3 days unless the lease specifically states otherwise.
Information to Include in a 3-Day Notice to Vacate in Texas You should include in your eviction notice: The name(s) and address of tenant(s). The date you serve the Notice to Quit to your tenant(s) with your signature. The final time and date by which the tenants need to have vacated the rental property.
To remove a holdover tenant in Texas, the landlord must give the tenant a three-day notice to vacate. If the tenant does not move out by the end of the three-day period, then the landlord can file an eviction lawsuit with the court.