Texas Notice to Vacate for Unpaid Rent

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Is your tenant late with their rent payment? This 3 day notice to vacate is used to notify tenants they're behind on rent beyond any grace period, when applicable.

Document Last Modified: 5/20/2021

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If you are a landlord in Texas and a tenant fails to pay their rent, you can begin the eviction process on the day after the rent was due using the Texas Notice to Vacate for Unpaid Rent form.

Who: Landlords can give this written notice to a tenant with unpaid rent. If you are a landlord in Texas you may be surprised to discover just how quickly you can send your tenant a Texas Notice to Vacate for Unpaid Rent. In many other states, you have to wait anywhere from three to thirty days before letting a tenant know you are going to follow through on their non-payment. In Texas, though, you can notify them the day after the rent was due!

What: A landlord must provide a written notice to their tenant that lets them know they owe the rent. It must be issued before the landlord issues ay sort of eviction notice. The Notice to Vacate allows the renter to pay the overdue rent, move out or face eviction.

The Texas Notice to Vacate for Unpaid Rent then is the initial step in the eviction process. Unless the lease specifies a different period of time, the notice can be sent the day after the rent was due.

When: If you are a landlord dealing with a tenant who has failed to pay their rent, you must send them the notice in writing. You can do this on the day after the rent was due.

You do not have to give them an opportunity to pay the late rent, but you do have to follow the state's rules for notification. It is not as simple as it sounds and you are advised to speak with a legal expert.

Tips and Tricks for Landlords: Of course, your lease may stipulate that the rent is due on a particular day of the month, and yet it may not indicate whether there is some flexibility regarding business days versus weekends. For instance, you may not necessarily file a Texas Notice to Vacate for Unpaid Rent if the rent was due on a Saturday, as you may allow the renter to pay on the following Monday.

Texas varies from other states regarding the issue of unpaid rent because the state's laws allow the landlord to determine whether or not the tenant has the option to remedy the situation by paying what is due. In other words, the landlord determines if the renter pays the late rent or is taken into the eviction process.

Begin by downloading, printing and completing the Notice to Vacate for Unpaid Rent. Get in touch with an attorney, and discover what you can and cannot do about a renter who has failed to pay their rent.

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