San Antonio Eviction Lawyer Trey Wilson wrote:
Most landlords are understandably reluctant to hire a lawyer to deal with a problem tenant. Many times, the tenant is already not paying rent, and the landlord is losing money by the day. Naturally, hiring a lawyer only adds to the Lessor's expense, and exacerbates the non-producing character of a rental property.
For this exact reason, many landlords come to me as a final straw, and only after they have done everything in their power to handle the tenant themselves. Frequently, Landlords have already sent or delivered to the Tenant a "homemade" Notice to Vacate or Notice to Quit. Unfortunately, in many instances, the Notice is defective, or was delivered in a manner that fails to comply with the strict requirements of the Texas Property Code. When this occurs, the process is delayed, so that I may provide proper notice to the tenant within the time required by law.
Failure to provide a tenant with a notice to vacate that contains the required warnings, or delivering the notice in a manner other than prescribed by law can be fatal to an eviction suit. Bexar County Judges frequently dismiss FE & D suits based upon improper Notices to Vacate. Dismissal results in the landlord having to restart the entire process, resulting in further delay, expense, and financial loss.
Because a landlord's success in an eviction suit is dependent upon the proper drafting, delivery and timing of a written Notice to Vacate, the importance of getting the Notice right should not be overlooked. If a landlord/lessor has doubts about the requisites of Notice, he should contact a lawyer experienced with evictions in the Justice Courts.
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