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Can I evict my tenants

Big Sandy, TX |

My tenants have been very good about paying rent. They have never been late in the year and a half since they moved in. We did sign a month to month lease agreement. The problem is that they are very dirty. There are piles of trash all over the front yard and back yard. Old furniture and old clothes are all so scattered across the yards. I have asked them to pick up and clean but they won't. Our lease states that if they destroy or damage the property in anyway, they will be evicted. Is trash and garbage considered damaging and destroying the property? It is almost as if they open the door, empty their trash can, then close the door. The house is located outside the city limits. What can I do? I live next door so I see it every day.

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Attorney answers 2


Your best bet is to give them a 30 day notice to terminate their tenancy. You don't need a reason. Give them the notice before the first of the month and tell them their tenancy expires January 31st and they are to vacate the premises and leave it broom-clean. If they fail to move by that day, give them a 3 day notice. If they fail to move after the 3 days (really 5 days - don't count 1st and last day), you can file a forcible entry and detainer in your local eviction court. They will have forms and instructions.

Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.

Cheryl Rivera Smith

Cheryl Rivera Smith


Be sure you do all of this in writing and keep copies. Best of luck.


The easiest thing is to probably end the month to month lease by giving the proper notice. If that is not an option, to the extent the trash violated any city laws/ordinances, the leases typically address violations of laws as a lease violation.

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