What cana landlorddo to make tenants leave if they have not payed the rent in 2 months?

UPDATED: Feb 20, 2012

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What cana landlorddo to make tenants leave if they have not payed the rent in 2 months?

My dad rented his house to a family who never payed him the deposit and never made a full monthly payment on the house. Now they have been living them without paying the rent for 2 months and not paying the bills for which now my dad owes around 500 for electricity. My dad had asked them to leave the house but they won’t leave.

Asked on February 20, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your father has renters in his unit who have not paid rent for over two months and he simply wants them toi leave, he needs to serve them with a written 30 day notice of termination of the tenancy. I suggest that he has a third person such as you serve the 30 day notice to vacate. I also suggest that you dad consult with a landlord tenant attorney to draft up the 30 day notice of termination.

If the tenants fail to vacate after service of the 30 day notice, then an eviction action needs to be filed against these tenants, typically called an unlawful detainer action. For this procedure a landlord tenant attorney is suggested as well. 

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