Houston TX - Eviction Process Help ?

Question

I am going to start an eviction this Monday, but I have a few questions:

- I sent the 5-day notice to pay or quit last Monday, but I did not sign it. Can this be an issue?
- I already completed all my forms (eviction petition and military affidavit), should I notarize them before filing?

Thank you

Jim Cummings · Answer

@Juan Del Arco. Call me conservative, detail oriented, anal - whatever.

In Texas, when I an sending a Notice Of Termination And To Vacate Premises. I always send one copy via Registered Mail, Return Receipt Requested, a second copy via Regular Mail, and a 3rd Copy via email if I have an email address.

The Registered Mail Return Receipt is accepted in JP Court as Prima Facia Evidence the Notice was provided regardless of whether the tenant received the letter, did not open it, ignored it, whatever!

Greg H. · Answer

The forcible detainer(eviction) along with the form that states they are not active military are required to be notarized when filing the eviction with the JP Court.  Like I said earlier, not signing the 3 day notice is probably ok.  However, there are some tenant activist judges out there that could throw it out based on a technicality(On a different thread, the OP indicated their tenants knew the system).  Taking an extra 3 days now to serve the 3 day notice again could save several weeks in the long run

Cody L. · Answer

I've never notarized anything.  We just post a 3 day notice (sometimes take a pic of it on the door just in case) then file.   Most JP judges are pretty cool.  If the tenant tries to get off on some technicality, the judge will say "So, did you pay rent?  No?  Why not?"  And give you the judgement.  And allow you to file a writ 7 days later.

Greg H. · Answer

The requirement in Texas is only 3 days.

I believe you indicated it your last post that they may be familiar with the “system “. The risk is the potential that it gets dismissed on a technicality although I don’t believe the statute actually refers to a signed notice. I would deliver the notice again and wait the 3 days as you could still file this week

Houston TX - Eviction Process Help ?

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