Eviction-improper notice

Leena Cherian • February 1, 2025

Landlords may sometimes make mistakes when issuing eviction notices, leading to complications in the Eviction process.


Common Mistakes:

  1. Failure to Provide Proper Written Notice:
    Landlords are required by law to provide written
    notice of eviction, specifying the reason (e.g., non-payment, lease violation). Oral notices or informal messages can lead to legal issues.
  2. Insufficient Notice Period:
    Laws in Texas require that tenants receive a specific amount of notice before eviction proceedings begin. For non-payment, it's typically 3 days. Not providing the correct notice period can invalidate the eviction.
  3. Incorrect or Missing Information:
    The eviction notice must include certain details, such as the date, amount due, and the specific action required (e.g., paying overdue rent). Missing or incorrect information can delay the process.
  4. Not Following Local Regulations:
    Each municipality might have specific rules related to eviction notices (e.g., the format, delivery method). Failing to adhere to these can make the notice ineffective.


Solutions:

  • Always issue written notices, clearly outlining the reason for eviction, the date, and the actions needed from the tenant.
  • Ensure the notice period aligns with Texas law  (typically 3 days for non-payment, longer for lease violations).
  • Review and adhere to local ordinances to ensure compliance with eviction laws in your city or county.


By following proper procedures and issuing correct notices, investors can avoid delays and legal complications during the eviction process.

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