When asked the reason for eviction, should I put non-payment of rent, that we decided to sell the property, or both?

UPDATED: Oct 2, 2022

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When asked the reason for eviction, should I put non-payment of rent, that we decided to sell the property, or both?

My daughter had always been late with rent and even the last couple of years had waited for her income tax check to catch up. However, this year she fell 8 months behind with no intention of paying me. Her reason of thinking is that I should just give her the house now instead of willing it to her when I die. She feels the house is already hers so why should she have to pay. So at this point I just want to sell it and be done with it. So when filing the papers should I put one or both reasons for the eviction?

Asked on July 29, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If she is currently behind on rent, you can use that reason: nonpayment of rent.
2) If she does not have a written lease, she is a month-to-month tenant on an oral lease and you can give her a full month's (not thirty days; i.e. if you provided notice on July 15, it's not for Aug. 15--it is for September 1, since you have to give her an entire month [e.g. August] plus whatever was left in the month during which you provided notice [e.g. July]) terminating her tenancy and if she does not then leave, file the action against her for "holding over" after the end of her tenancy. If you did not provide the proper notice, you'll have to renotice her.
If the notice period is not up but she currently owes rent, file an initial action to evict her for nonpayment. If she gets caught and avoids eviction, then when the notice period is up, file against her for holding over.

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