[TX] How can I quickly evict a week-to-week tenant for nonpayment and safety-related lease violations involving a child?

TX Landlord-Tenant

Andres Sanchez

22,292 satisfied customers

View context

Solved

Based on your situation, there are several legal arguments and considerations in Texas that could potentially support your case:

In Texas, landlords can issue a 3-day notice to vacate for non-payment of rent or lease violations. This notice is a prerequisite to filing an eviction lawsuit. If the tenant fails to comply within the notice period, you may proceed with filing for eviction in court. (TX Prop § 24.005 (a))

An unconditional notice to vacate can be issued if the tenant has committed serious lease violations, such as illegal drug activity or posing a threat to the safety of others. However, this type of notice is typically reserved for more severe breaches.

Since your tenant is on a month-to-month lease and you've already provided a 30-day notice, you have the right to terminate the lease at the end of the notice period if the tenant does not comply with the terms.

Leaving a marijuana vape where a child could access it might indeed support issuing an unconditional notice to vacate, especially if it poses a risk to safety.

Here’s how you can proceed:

Issue a 3-Day Notice to Vacate
Since the tenant has not paid rent and has violated lease terms, you can issue a 3-day notice to vacate for non-payment or lease violations. This notice should clearly state the reasons, including the incident with the marijuana vape.
Consider an Unconditional Notice to Vacate
If the tenant's actions are severe enough to endanger others, such as leaving drugs accessible to children, you may have grounds for an unconditional notice. Consult with a local attorney to ensure this step aligns with Texas law.
Document Everything
Keep detailed records of all incidents, communications, and notices served. Photos of the vape and any other evidence of lease violations will be crucial if the matter goes to court.
File for Eviction
If the tenant does not comply with the notice, you can file for eviction in your local justice court.

Texas 3-Day Notice to Quit Form | Non-Compliance

Create Document

Full Conversation

I am hoping to find the fastest and best way to get a person out of my home that I feel is putting my child's mental health in danger. He is renting a room with his 9-year-old daughter. He displays erratic behavior, left drugs out in the open on 09/14, and is constantly leaving a mess. I have both a 3-day notice to quit for non-payment of rent and for lease violations ready to print and post, but I am unsure. Currently, he is in holdover status, refusing to sign a weekly agreement.

Lexi, Chatbot

I understand how concerning it must be to have someone in your home affecting your child's well-being. Have you already served the tenant with any notices regarding the lease violations, or would this be your first step?

We had him on a month-to-month lease but limited it to weekly rental to try to help him out. We gave a 30-day notice that ends on October 29th, but he has stated he will not honor any lease stipulations or pay rent. He wants us to move forward on eviction. I want to be able to do that sooner.

Lexi, Chatbot

How long has this tenant been living in your home, and have there been any prior issues or complaints?

Since June. On his signed and dated 30-day notice, he acknowledged screaming at his child on 09/20, noise violations, THC left in reach of children, and unsanitary conditions. He is constantly leaving trash and has been late with almost every rent payment. He currently owes $80 that was due on 10/5, and his next $165 is due Sunday 10/12.

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction process.

I sent photos of trash all over my yard yesterday and have not moved it, thinking that leaving it and giving a 3-day notice to quit might be an option as well as non-payment.

Andres Sanchez

Hey there! I'm Andres Sanchez, an attorney with many years of experience. I understand you're dealing with a tenant who is affecting your child's well-being and refusing to honor lease stipulations. Have you considered any legal steps to address this situation?

We have given 30 days, but I want to move on providing a 3-day notice to quit due to non-payment, violations, or both. I want to expedite the process so I do not have to wait until 10/29 to evict.

Andres Sanchez

I understand your urgency in wanting to expedite the eviction process. Could you let me know which state you're located in? This will help me provide guidance specific to your area.

I am not sure if I have grounds to do an unconditional notice to quit/vacate. That would be my preference. I am willing to keep giving the 3-day notice to quit or comply for non-payment or violations until he fails to comply so that I can get the eviction. He seems to believe that he doesn’t have to comply with basic cleanliness because he refused to sign a new lease.

Texas, Hays County.

Andres Sanchez

Thanks for letting me know you're in Texas, specifically Hays County. Have you already served any formal notices to the tenant regarding these issues, or would this be your first time doing so?

I provided a 30-day notice to vacate that the tenant signed.

Andres Sanchez

Got it, thanks for sharing that. Since you've already given a 30-day notice, have there been any other formal notices or legal actions taken against the tenant for their behavior or non-payment issues?

Not yet. I have continued to send him notice of violations such as cleanliness and noise as they occur.

Also, he left a marijuana vape on my kitchen counter where my child could get it. Would that suffice?

Andres Sanchez

Based on your situation, there are several legal arguments and considerations in Texas that could potentially support your case:

Leaving a marijuana vape where a child could access it might indeed support issuing an unconditional notice to vacate, especially if it poses a risk to safety.

Here’s how you can proceed:

Issue a 3-Day Notice to Vacate
Since the tenant has not paid rent and has violated lease terms, you can issue a 3-day notice to vacate for non-payment or lease violations. This notice should clearly state the reasons, including the incident with the marijuana vape.
Consider an Unconditional Notice to Vacate
If the tenant's actions are severe enough to endanger others, such as leaving drugs accessible to children, you may have grounds for an unconditional notice. Consult with a local attorney to ensure this step aligns with Texas law.
Document Everything
Keep detailed records of all incidents, communications, and notices served. Photos of the vape and any other evidence of lease violations will be crucial if the matter goes to court.
File for Eviction
If the tenant does not comply with the notice, you can file for eviction in your local justice court.

Andres Sanchez

Please let me know if you have further questions.

It is not a 30-day lease. He was on a week-to-week rental agreement.

Andres Sanchez

Okay. You can still follow my steps.

Do you know if eForms has a form for an unconditional notice to vacate?

Andres Sanchez

Regarding your question about eForms, they typically offer a variety of legal forms, including eviction notices. You can visit their website and search for a “Notice to Vacate” specific to Texas. If you can’t find an unconditional version there, consulting with a local attorney may be the best next step to ensure the notice complies with Texas law.

Andres Sanchez

22,292 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Dan

Law Partner

4.56 (29,578)

How should a landlord handle a tenant losing their job and having to break their short-term lease?

Answered 9 hours ago

Charlie

Attorney

4.55 (23,758)

[ID] How can a tenant avoid eviction and recover unpaid rent from a co-tenant after leaving due to unsafe conditions?

Answered 10 hours ago

Benjamin

4.74 (679)

[CA] How can a landlord restrict outdoor water use when the lease does not address it?

Answered 1 day ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.