Notice to Vacate

I received a Notice to Vacate, What do I do?

If you have received a Notice to Vacate if could be for a few reasons:

Non Payment of Rent
Tenant Lease Violation
Unlawful withholding of Rent
Holdover

Non Payment of Rent

This is the most common reason a Tenant receives a notice to vacate from a landlord. The rent is due and remains unpaid. Normally a landlord will provide you with 3 days to pay the amount due as a means to correct the default of the lease. Read over the notice you received. Follow the instructions on the notice to correct the default within the time frame given to you. If you decide you want to stay and pay the amount due, obtain a Cashiers Check or Money Orders for the amount due, plus any late fees and violation charges. Deliver the funds to the location provided to you in the notice within the time frame given.

Tenant Lease Violation

A tenant can be found to be in violation of the lease agreement if they are not conforming to the rules detailed in the agreement. An example could be a Tenant has installed a Trampoline in the yard. The lease agreement states that a Tenant cannot install a trampoline in the yard without the Landlord’s written approval. Another example is the tenant has violated an HOA rule and regulation. This could be the tenant has non-registered vehicle(s) parked in the drive way. The notice the tenant receives from the Landlord will detail what the Lease violation is, and normally provide a tenant a number of days to correct the violation.

IMPORTANT!
A Landlord does NOT have to provide a tenant an opportunity to correct the lease Violation. The Landlord can Terminate the tenant’s right to occupy the property without providing for an opportunity to cure the violation.

Unlawful Withholding of Rent

You’re not allowed to withhold rent in Texas until your landlord makes a repair—but they are required to fix the problem quickly. Although Texas law allows you to repair certain conditions and deduct the cost from your monthly rent payment, it does not allow you to simply withhold or reduce rent.¹ So, no—you can’t withhold rent for repairs in Texas.

Holdover

A holdover tenant is someone whose lease has expired without an agreement to extend or been terminated but who continues to stay in the rental unit without the consent of the landlord. The Tenant cannot continue to reside in the property under these conditions.