Legal Notice or Phone text
14 Replies
Some links on this page may be affiliate links, meaning BiggerPockets may earn a commission. Affiliate links do not reflect member endorsement.
Rashad A. Investor from Houston, Texas
posted 5 months agoHi,
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
Deanna McCormick from Minneapolis, Minnesota
replied 5 months agoText 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..
Rashad A. Investor from Houston, Texas
replied 5 months agoThanks for clarification. Is there on BP I can find legal notice template to be utilized in state of Texas?
Thanks!
Nicole A. (Moderator) - from Columbia, Maryland
replied 5 months agoYou can try a search for it on this website or perhaps on Google.
Andrew Boettcher from Rockaway, New Jersey
replied 5 months agoOriginally 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.
Jim Adrian Architect from Papillion, Nebraska
replied 5 months agoCreate 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)
Greg H. (Moderator) - Broker/Flipper from Austin, Texas
replied 5 months agoOriginally 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
Jim Cummings Residential Real Estate Broker from College Station, Texas
replied 5 months agoTo 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.
Rashad A. Investor from Houston, Texas
replied 5 months agoThank 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.
Rashad A. Investor from Houston, Texas
replied 5 months agoTenants are late again. Didn't even bother to tell me why. Going to deliver legal notice. Stay tuned...
Rashad A. Investor from Houston, Texas
replied 5 months agoI 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
Bettina F. Investor from Post Falls, Idaho
replied 5 months agoGreg H. (Moderator) - Broker/Flipper from Austin, Texas
replied 5 months agoOriginally 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
Rashad A. Investor from Houston, Texas
replied 5 months agoOnly 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
Rashad A. Investor from Houston, Texas
replied 5 months agoNotice did do its work. I have received late charges in addition to monthly rental fees. Thank you all for feedback
Join the Largest Real Estate Investing Community
Basic membership is free, forever.