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What can Landlord do if Tenant refuses to sign a lease and is already moved into the house?

Austin, TX |

his dog has destroyed both doors to house, he has been staying there almost 2 months, his friends are messing up my renovation property next door, refuses to sign lease due to supposed rodent issue, says he has renters rights because he paid me rent.

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Attorney answers 2

Posted

He has an oral lease by virtue of his possession, but he is destroying your property. You can evict him due to the ongoing destruction. Provide him with a 3 day notice, take lots of photos of the destruction and don't accept any more rent. He may move by the end of the month, and if he doesn't file a forcible entry and detainer in eviction court. They should have forms and instructions at the filing desk and possibly online.

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.

Asker

Posted

So I can tell him that he has three days to get out? or would he have a month to do that. Also does he also have the right to demand that I fix things in the house before he signs the paper because he has renters rights

Cheryl Rivera Smith

Cheryl Rivera Smith

Posted

You don't tell him anything. You need the proper WRITTEN 3-day notice. A sample will be in eviction court or online. You can also terminate a regular month-to-month oral lease with 30-day written notice so I would deliver one of those as well. If you don't fix the house, he has the right to terminate the lease which is what you want! Before you file the eviction suit, you need to wait for the 3 days to pass (which is really 5 actual days). Good luck!

Posted

Attorney Smith has given you great advice. I suggest you follow it to prevent any further damages/delay.

Rengin Bekhtyar's answer to a legal question on Avvo does not establish an attorney-client relationship.