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How to notify tenants of evictions, lease terminations and property sales

Different property owners will have various leases. They likely will vary by building or space. How the owner will inform tenants will likely be based on local and state regulations and conditions outlined in the agreement. It is important to remember that owners must generally notify the tenant in writing, even if they also first told the tenant via conversation. The dates are tied to the time frames when payment is due.

Eviction notices

The written notice to evict a tenant gives the residential occupant as little as three days to vacate the property. This holds true for commercial and residential spaces. According to Texas Property Code, the owner can change the locks on the first day the rent is overdue or after the contract’s stated grace period. The owner must provide a new key once the tenant pays their rent. The owner must post a written notice on the door before lockout for it to be valid. If the lockout is an insufficient step, the landlord may initiate a forcible detainer proceeding against the tenant. If successful, the court will issue a writ of possession. After the judgment, the sheriff’s office posts a notice of eviction on the door in about six days.

Lease terminations

Unlike eviction notices, ending the lease requires 30 or 60 days of notice before it expires. This holds true for month-to-month leases as well as yearly leases.

Notice of sale

There may be specific rules in place if notifying the tenant regarding the sale of the property. New owners are generally obligated to honor the lease conditions drafted by the previous owner. However, the new owner can inform the tenant that they intend to end the lease when allowed by the contract. The notice of sale better enables the tenant to prepare for sale and can help build goodwill and cooperation when potential buyers visit the property. Conversely, an unhappy tenant can be a red flag for potential buyers.

Follow all agreements and laws

It is essential that landlords do not try to bend or break the rules when dealing with tenants. While rules regarding evictions, lease termination and notice of sale often favor the owner, tenants have rights protected by law and the right to cite an agreed upon and valid contract as binding. Those with questions on these matters can speak with an attorney who handles real estate issues and business disputes.