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I have no problems of getting rent, but she's throwing parties during weekdays, being a nuisance and the last straw was that someone not my housemate entered my home when the house was locked down. I had a simple agreement on a year lease but I can't find it, and I'm assuming it's lost. No real rules in it, and that's my fault. I'm having to constantly kick people out that are her guests for making too much noise at 4am when there are kids trying to sleep involved. 2 of hers, one of mine. I am scared of getting cps involved as I'm going through a custody issue of my own.
I'm in San Antonio, bexar county of TX. I have no written terms, she's encroached on my space, and it's driving me nuts. I'm going to write the notice to vacate. Send in mail to my own home, and post it up on her room door, along with the front door. I'm noticing all the forms are for non payment, it's not about the money, but for peace of mind. Any ideas, and am I going in the right direction. Will not having the written agreement hurt me when I file for eviction at the JP? just wondering where I stand.
I have no problems of getting rent, but she's throwing parties during weekdays, being a nuisance and the last straw was that someone not my housemate entered my home when the house was locked down. I had a simple agreement on a year lease but I can't find it, and I'm assuming it's lost. No real rules in it, and that's my fault. I'm having to constantly kick people out that are her guests for making too much noise at 4am when there are kids trying to sleep involved. 2 of hers, one of mine. I am scared of getting cps involved as I'm going through a custody issue of my own.
I'm in San Antonio, bexar county of TX. I have no written terms, she's encroached on my space, and it's driving me nuts. I'm going to write the notice to vacate. Send in mail to my own home, and post it up on her room door, along with the front door. I'm noticing all the forms are for non payment, it's not about the money, but for peace of mind. Any ideas, and am I going in the right direction. Will not having the written agreement hurt me when I file for eviction at the JP? just wondering where I stand.
Thank you.
No one here can give you any legal advice so there are two options, one you can look online for the eviction requirements in your city/county/state and the other is to find an attorney who specializes in rental/lease/eviction issues.
Eviction is a legal process and at this point you simply want to terminate your agreement with her which is very different from an eviction. You'll find TX landlord tenant laws linked in the first "sticky" on this forum and should read through them to find the details relevant to that state but, if she's not on a written term lease, then she's legally considered a month to month tenant. See what TX law says about the amount of notice you're required to give her (in many states it's 30 days from "rent day") and go from there. You should ideally send her a notice to quit by return receipt certified mail and you don't have to give a reason for asking her to leave.
If she refuses to vacate by the appointed date then you can go ahead with eviction proceedings but hopefully she'll just leave quietly and all will be well. Good luck.
Thank you stt. Now that I know what it's called, I know what I can go forward with. That was my biggest problem. Now that it's clear what's its called, I know what to look for.
That written agreement you can;t find, are you sure she doesn;t have it? It will be a reversed whammy to you if you attempt a termination of the agreement based on a month-to-month arrangement and she refuses, folowed by you going to court and in front of the judge pulls out that agreement that is still valid. If that happens, you could be paying for her next Tahiti vacation!!!! So, did you give her a copy, can you locate your copy (to make sure she doesn;t have it)?
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