What does the landlord do after she has given the tenant written 3 day notice to vacate the premises due to incomplete payment of rent for 3 months?

The tenant is a section 8 person and has failed to pay full rent in 3 months. She promised to get all of the money to me but has not done so. She claimed to be putting all of this month’s money in, in 2 parts but failed to do so, so I served her an eviction notice by mail which reached her 2 days ago. The eviction letter which I got off the internet for her state gave her 3 days after receipt to vacate the premises. I live in another state but I have my fiance who can act on my behalf. Can I at this point put her belongings on the lawn and change the locks if she isn’t gone in 2 days?

Asked on August 15, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Once the three (3) day period to pay or quit that you have written about has been served upon the tenant and the period has passed without compliance, you need to file an unlawful detainer action in the court house in the county where you reside to evict this tenant.

I suggest that you have a landlord attorney assist you in the legal process now. DO NOT change any locks or move any of the tenant's belongings in that would be in violation of the law.

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