What can I do if my tenant has given me every excuse for almost 3 weeks on why he hasn’t paid the pro rated rent and the deposit which equals $1000?

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What can I do if my tenant has given me every excuse for almost 3 weeks on why he hasn’t paid the pro rated rent and the deposit which equals $1000?

Come tomorrow, it being the first of the month, he will need to pay another $1000. We have given him a notice to vacate the property but there seems to be no urgency on his part and has still given us the run around. On our house rules, it explains the Landlord Lien to hold property to obtain rent. Is this the smart way to go before filing eviction in order?

Asked on June 30, 2015 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, the smart way to proceed, speaking as a landlord-tenant attorney who has handled hundres of evictions, is to file an eviction action IMMEDIATELY. The tenant is in default of rent and also in breach of lease (contract) for not paying the deposit. The eviction action will either get him out or will get him to pay--why would you wait on it? The longer you wait to file, the more the tenant "gets into" you, since the further behind he'll get on rent. Proceed on both bases--the rent nonpayment and the lack of a deposit--simultaneously. You can contact your local landlord-tenant court for instructions and forms. Be sure to follow the instructions exactly: landlord-tenant cases are pretty simple compared to most lawsuits, and it's easy for the landlord to prove the lack of payment, but the courts are sticklers for the rules.


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