Collin Texas Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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Collin
Control #:
US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Yes. Even without a lease, you can evict a tenant. Because there is no lease or rental agreement, a landlord or property manager can evict a tenant for any reason. The only legal provision would be that a proper notice must be given to the tenant being evicted.

If the renter fails to vacate the unit after the expiration of the lease, then they are considered a 'holdover' tenant. In this case, you'll need to give the tenant a 3-day notice to leave. If they don't, you can file for their removal in court.

A holdover occurs when a tenant continues to occupy and use the premises after the term of the lease ends. If the landowner continues to accept rent payments, the holdover tenant can continue to legally occupy the premises.

If you leave property behind before you are evicted, the property may be considered abandoned. Texas Property Code 92.0081(b)(2) allows a landlord to remove abandoned property. Your lease may define what abandoned property is. Your lease may also lay out the rules for what can happen in such a case.

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.

Landlord's Right to Terminate a Lease Landlords can refuse to renew leases and rental agreements for any reason, but cannot simply terminate a lease without having grounds for eviction. In Texas, grounds for eviction include a tenant's failure to pay the rent or breaking of property rules.

The Constable is required by law to post a 24 hour vacate notice on the Writ of Possession 2023 days is the minimum amount of time to evict someone in any County in Texas. It must also be noted that any eviction suit is subject to appeal to the County CourtsAtLaw.

You should get at least 30 days notice (unless you're paying week-to-week, and then you'll only need a seven-day notice). You should move out by the date of termination. If you don't, the landlord can evict you and that can make it hard to rent for years to come. The landlord cannot discriminate or retaliate.

Tenancies: Civil Code Section 1946.2 California Civil Section 1946.2 provides that if a tenant has continually and lawfully occupied a residential real property for 12 months, the owner may not terminate the tenancy unless just cause is established.

If a tenant is behind on rent, and the tenant has not occupied the premises for five days consecutively and most of the personal belongings of the tenant have been removed, many leases state that the landlord can consider the premises to be abandoned.

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Collin Texas Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term