Legal Notice or Phone text

14 Replies

Hi,

I had this question in my mind always whether I should serve the legal notice every time tenants late with rental fees. I have been communicating to them via text messages so far, and also receiving payments with extra charge for being late. 

Thanks for feedback 

Text is not legal communication for proper notice regarding rentals.

It's a good way to remind people. might work out for late rent reminders for you.. but if it get's beyond that.. paper trail.. and emails.. don't count either.. 

Thanks for clarification. Is there on BP I can find legal notice template to be utilized in state of Texas? 

Thanks!

You can try a search for it on this website or perhaps on Google.

Originally posted by @Deanna McCormick :

Text is not legal communication for proper notice regarding rentals.

It's a good way to remind people. might work out for late rent reminders for you.. but if it get's beyond that.. paper trail.. and emails.. don't count either.. 

From my understanding, over recent years, emails and text messages are becoming more accepted as legal forms of communication. That's not to say you can deliver proper notices through email or text...paper notice will always be better, but I would not completely write off emails or texts in extreme circumstances.

@Rashad A.

Create a simple late notice form where all you need to do is fill in the blanks like date, rent amount etc.   I will email a pdf of the letter and mail a copy as well.   Know your state landlord - tenant laws.  Below is my template.  This will need to be tweaked to match your Lease wording.

Date:

Tenant 1 Name:

Tenant 2 Name:

Tenant 3 Name:

RE: Delinquent Rent

Dear Tenants,

Per the Lease Agreement in which the said Tenants signed, your Rent Payment is now Delinquent as of the 4th day of the month. Please include the Late Fee with your payment as defined within the Lease. Payment is expected immediately to stay in good faith with your Lease Agreement.If Payment is an issue please call me to discuss Payment details.If rent is not received on or before the 10th day of the month, a 3-Day Eviction Noticed will be served due to breach of contract. Per Nebraska state statue 76-1431 the Landlord has the right to terminate the Lease Agreement if he so desires.

Thanks for your anticipated cooperation.If you have any questions, please contact me.

Sincerely the Landlord,

Attachments:

None

CC:

Email 1:  (fill in)

Email 2:

Email 3: (landlord) Always copy yourself on the email.

USPS mail (send certified)

File (place hard copy in their file)

Originally posted by @Rashad A. :

Thanks for clarification. Is there on BP I can find legal notice template to be utilized in state of Texas? 

Thanks!

 Couldn't be simpler in Texas:

To:  Xxxxxxx

This is to serve as your 3 day notice to terminate the lease at 123 Main

Signed 

Landlord 

Date

No reason needs to be given

Only acceptable ways of delivery are

In person to an adult 

Tape to the inside of the door. In can be put on the outside of door only if you fear for your safety 

Certified and regular mail

To add to @Greg H post, I suggest you use all 3 ways: Certified Mail, Regular Mail & Email. 

The fact of you mailing Certified Mail with the RECEIPT is sufficient LEGAL Proof of delivery to the Tenant, and will standup in any JP District in Texas. 

Thank you for your detailed feedback. I kind of hesitated to put legal notice, and I called the tenants today. 

They promised to pay by this Saturday November 11th the rent portion, and late fees by Friday November 17th. 

Tenants are late again. Didn't even bother to tell me why. Going to deliver legal notice. Stay tuned...

I came to the property no one was home. I taped the notice on the door and emailed the copy.

Other thing I noticed tenants are having a dog, which I was never told off. Any recommendation on proceeding for having the dog? Contract has provision for pet at home, which comes with security deposit

You need to know your local laws. I have seen evictions thrown out of court for failure to follow legally prescribed methods of service.
Originally posted by @Rashad A. :

I came to the property no one was home. I taped the notice on the door and emailed the copy.

Other thing I noticed tenants are having a dog, which I was never told off. Any recommendation on proceeding for having the dog? Contract has provision for pet at home, which comes with security deposit

 I hope you do not take this in any other way as my intent to help

However, by the letter of the law you have failed to give proper notice as I outlined above. You realize you can go that he entire process and when the court date comes it can be dismissed on a technicality?

Email is NEVER acceptable notice and taping to the outside of the door  is only acceptable in cases where you feel threatened.  I hope you have documented and can defend that

Take the extra days and do it correctly 

Only reason I have taped since no one was at home. I text the tenants to let them k ow about movie on the door.

My letter still gives the tenants a chance to pay until 15th of the month and if not received 3 days after eviction notice will be served

Notice did do its work. I have received late charges in addition to monthly rental fees. Thank you all for feedback 

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