Is it legal to give a tenant a 30 termination right of occupancy noticeand then 6 days later give thema 3 day notice to vacate for non payment of rent?

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Is it legal to give a tenant a 30 termination right of occupancy noticeand then 6 days later give thema 3 day notice to vacate for non payment of rent?

Asked on December 27, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It depends on whether the  original termination of occupancy notice was for nonpayment of rent. As a general matter, tenants may be asked to leave on very short--or even no--notice, for not paying rent; the landlord may simply immediately take a non-paying tenant to court to evict him or her. If the landlord had chosen to give 30 days notice for nonpayment, he/she would then be bound by that choice; but if the 30 day notice was for some other reason, a subsequent, shorter notice could be sent for not paying rent.


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