Legal Question in Landlord & Tenant Law in Texas

Texas Eviction Laws

In the State of Texas, doesn't the landlord have to present a late rent notice before he posts an eviction notice? Also, if the renters offer to pay the rent before the eviction hearing isn't the landlord obligated to take it?

Asked on 7/20/07, 11:48 am

1 Answer from Attorneys

Sharon Campbell Sharon K. Campbell

Re: Texas Eviction Laws

There is no requirement for a late rent notice. To obtain an eviction for nonpayment of rent, the landlord must give a three day notice to vacate (unless the less gives a different time frame - some leases provide for a 24 hour notice). When the notice time is up, an eviction suit must be filed with the appropriate justice of the peace. There is no requirement that the landlord accept partial payments; even if he did, the tenant would still be in default.

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Answered on 7/20/07, 12:37 pm

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