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.
Waco 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:
Waco
Control #:
TX-1301LT
Format:
Word;
Rich Text
Instant download
Description
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FAQ
If your landlord wants to end your periodic tenancy, they usually have to give you 90 days' notice. In some cases, your landlord only has to give you 42 days' notice. They will need to tell you the reason why they're giving you less notice though.
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).
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.?
The procedure. The landlord must serve an opposed Section 25 notice and specify the ground/s upon which he relies. The timing of this notice needs to be carefully considered. The landlord must give between 6 and 12 months' notice to the tenant and the termination date cannot be earlier than the contractual expiry date.
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.
Lying or intimidating a tenant. Giving a ?three-day notice? or other eviction notice that is based on false charges. Using fighting words or threatening bodily harm. Refusing to do repairs that are required by law.
Texas courts have held that a landlord may not enter your home unless you allow the entry or the lease gives the landlord specific reasons to enter. Study your lease to determine when the landlord may enter your home.
This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants. The right to health and safety in your home.
The easiest way to start the process of evicting a commercial tenant is to file for a Possession Claim from the County Court. The Government has an online Court and Tribunal Finder and you'll need to find the court which is closest to the commercial property itself.
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.