My tenant has not paid his rent, which was due no later than June 4 at noon. What should I do?

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My tenant has not paid his rent, which was due no later than June 4 at noon. What should I do?

He has waited to pay to the last minute ever since he signed the lease in Jan 09.

Asked on June 5, 2009 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

well, unfortunately, you may have waived any repercussions he may have when you accepted late payments in the past.  The fact you are asking what you should do when your tenant is late on his payments tells me either this is a single family dwelling and he is your roommate or you are very new to landlord tenant law.  If either, you really should have reviewed the proper law and guidelines prior to getting a tenant.  It is not as easy as one thinks.

Every state is different in how a landlord should handle this situation. Usually a three day notice (pay or quit the premises is required).  Then you may be able to begin eviction proceedings.  Further, you need to consider the security deposit and what can be taken from it and how long you have to give an itemized list of any deductions from the security deposit to your tenant.

Review the following from the Texas State Bar: http://www.texasbar.com/Content/ContentGroups/Public_Information1/Legal_Resources_Consumer_Information/Tenant_Homeowner_Issues1/TenantRightsPamphlet08.pdf

 


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