HOW SHOULD NOTICE TO VACATE OR QUIT BE DELIVERED?

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30
Dec

HOW SHOULD NOTICE TO VACATE OR QUIT BE DELIVERED?

Eviction Lawyer San AntonioProper service of a Notice to Vacate (also called a “Notice to Quit”) is essential to prosecuting a successful eviction.

In fact, strict compliance with the notice requirements — by delivery in the time and manner prescribed by Section 24.005 of the Texas Property Code is jurisdictional. This means that failure to deliver the NTV in strict compliance with the law will prevent the Court from moving forward with a landlord’s eviction suit.

Defects in the delivery of the Notice to Vacate usually result in dismissal of the eviction suit, requiring the landlord to start the process over from the beginning. This amounts to wasted time and money, and an extension of your undesired tenant’s occupancy of your property.

The time at which the Notice to Vacate must be delivered depends on whether the occupant is a tenant under a lease, or has acquired possession of the property in some other manner (former owner, guest, etc.) However, the law is clear on the manner of delivery required.

Under Texas law, the notice to vacate shall be given in one of two ways:

(1) in person; or

(2) by mail at the premises in question.

Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door.

Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question.

If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice to vacate on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door.

See Tex. Prop. Code § 24.005(f).