Legal Question in Landlord & Tenant Law in Texas

rent past due

My brother is going through a divorce. Due to the expenses, he decided to rent his house for one year to a good friend and his family that were looking for a home. Unfortunately, they did not sign a written lease agreement, trusting in ''friendship.'' Everything was fine for several months, but then the rent started coming in later and later. It is currently two months late. Phone calls are being avoided and my brother's credit is being damaged. He can't cover the cost for the mortgage and his apartment. He is stuck in a lease now too, and can't cover the mortgage on his salary alone. What are his options?


Asked on 3/03/05, 12:47 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: rent past due

He can send a notice to vacate, giving three days notice, for failure to pay rent. When three days is up, he can file an eviction in the justice of the peace court. If there is no written lease, then it is a month to month lease. If rent is not paid each month, he has grounds to obtain an eviction.

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Answered on 3/03/05, 10:41 am


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