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I gave a tenant a 30 day notice to vacate. Notice was given on Jan. 7th. with a
provisions to pay prorated rent of 799.99. original period was 15th to 15th. I
did not receive any rent payment on the 15th. So I gave them a 3 day notice to
vacate. I am filing for eviction tomorrow. for Unpaid rent do I request the
prorated amount of 799.99 or the full month rent of 1100.00. The reason for
filing eviction is nonpayment, as well as other lease violations, like inside
dog that had puppies, intentionally damage to property due to puppies. I did
give the tenant notice of pet violation and to remove the puppies and to pay a
pet deposit, if the choose to keep the adult dog outside only. I have no lease
with the tenant, since I just bought the property and the tenant and previous
owner failed to execute not sighned by either party the written lease.
Asked on January 21, 2019 under Real Estate Law, Texas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Ask for all unpaid rent including the full rent for the last month: tenancies, even month-to-month tenancies created by oral (unwritten) leases are considered for a month at a time (rent is due by or before the 1st day of the month in advance for the whole month). Ask for the out-of-pocket (materials, contractors) cost to repair any damage done to the property--you cannot recover for your own time, however. You cannot get anything for the violation of having the puppies (though it would provide an additional basis for eviction).
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