Houston Texas Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property

State:
Texas
City:
Houston
Control #:
TX-1301LT
Format:
Word; 
Rich Text
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Description

This Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Non-Residential or Commercial Property form is for use by a Landlord to inform Tenant of Tenant's default in the payment of rent as a warning prior to a pay or terminate notice. The form advises the Tenant of the due date of rent and the consequences of late payment. This form may be used where you desire to remind the Tenant of payment terms, the default, demand payment and inform the Tenant that under the laws of this state or lease, the Landlord may terminate if rent is not paid timely.

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FAQ

Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing.

Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing.

You can start by using the tenant's security deposit (if any) to cover the unpaid rent. If the deposit doesn't cover the two month's rent, you can sue your former tenant in small claims court (or a similar civil court) for the back rent.

Unless a shorter or longer notice period has otherwise been contracted, a landlord is required to give a tenant at least three days' written notice to vacate before filing a forcible detainer (or eviction) suit. Tex. Prop. Code § 24.005(a).

A landlord can bring a possession order against the tenant of a commercial property by virtue of section 25 of the Act or by forfeiture.

§ 92.019), a landlord must provide at least a two-day grace period before charging a tenant late fee. But under state law, there is no grace period before a landlord can give a tenant notice to vacate for failure to pay rent. (This means that a landlord can give a tenant the notice to vacate the day after rent is due.)

§ 92.019), a landlord must provide at least a two-day grace period before charging a tenant late fee. But under state law, there is no grace period before a landlord can give a tenant notice to vacate for failure to pay rent. (This means that a landlord can give a tenant the notice to vacate the day after rent is due.)

If a business tenant fails to pay their rent, under Texas law a commercial landlord IS allowed to lockout a tenant from their own business. The Texas Property Code allows a landlord to change the ?door locks of a tenant who is delinquent in paying at least part of the rent.?

If you don't leave by the date stated in the notice to vacate, your landlord will have to take the second step: filing an eviction suit in justice court. The eviction suit may add a claim for delinquent rent as long as the amount owed is less than $10,000.

If you don't pay rent when it is due, the landlord may begin charging you a late fee. Under Texas law, the late fee provision must be included in a written lease and cannot be imposed until the rent remains unpaid two full days after the date rent is due. The fee must also be reasonable.

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Houston Texas Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property