Houston, Texas...Eviction Law

[tlc]

I am trying to evict a tenant from our leased lot and I first served them a 3 day vacate and then sent a certified 30 day notice to vacate and then had to file and take him to court and the judge said I should have gave him a 30 day vacate first and then a 3 day vacate. I don't know which way it should have been because the way we filed in the past was with a 3 day vacate and then the 30 day vacate and the eviction went through, but why is the Judge telling me different now. So now I sent him another 30 day vacate and will have to send a 3 day vacate. This has now gone on for 3 months, can I collect his rent and still evict him at the same time or do I have to wait and file for a judgement after the eviction. He has tried to pay his rent, but I was told to refuse it, because that was like saying we were letting him stay and not going to evict him. If this makes any sense. Thankyou L.S.

 

[LL]

If you want to evict him, then don't accept rent. If you have declared the rental agreement to be forfeit, dont screw that up by accepting rent.

You can get an order that the tenant has to pay you what he should have been paying in rent, but now it will be called "damages", not "rent". Good luck in collecting it.

 

[tlc]

re: eviction

Thanks, Your advise as to collecting the rent was helpful, but I am not so much concerned about collecting the back rent at this point, but what confuses me is how can the Judge have you do one thing and then tell you something different the next time. Is there a set standard as to how you are supposed to serve him or is each circumstance different. This eviction was not for non payment of rent when. I first gave him a 3 day vacate and then sent a certified 30 day notice to vacate. The Judge said I should have given him a 30 day first and then a 3 day vacate. For the record what should I keep in mind, in the event that I have another eviction to deal with. Thankyou L.S.

 

[LL]

You have to check Texas procedure.

What do these notices, 3-day, 30-day, say?
That might give you a clue as to what order you have to serve them.

Is there a book to tell you how to do evictions in Texas?
Check with your local landlord association.