San Antonio & Bexar County Eviction Lawyer Trey Wilson wrote:
An essential element of any eviction proceeding is strict compliance with the statutorily-required notice to vacate before filing the
forcible-detainer action. See Tex. Prop. Code § 24.002(b); § 24.005.
Issuance and delivery of a properly drafted notice to vacate is required by statute, and, is therefore "mandatory and exclusive and must be complied with in all respects" Employees Ret.
Sys. of Tex. v. Blount, 709 S.W.2d 646,
647 (Tex. 1986). In fact, delivery of a statutorily- sufficient written demand for possession is an essential element of forcible detainer, without which, a valid eviction Judgment cannot be issued. Murphy v.
Countrywide Home Loans, Inc., 199 S.W.3d
441, 445 (Tex. App.-Houston [1st Dist.] 2006, pet. deniedThus, the very first step in any eviction proceeding is the ); Kennedy v.
Andover Place Apartments, 203 S.W.3d
495, 497 (Tex. App.-Houston [14th Dist.] 2006, no pet.) (landlord
must strictly comply with section 24.002 requirements which state that landlord
must make written demand for possession in compliance with section 24.005 requirements for notice to vacate).
Thus, the very FIRST STEP in any eviction proceeding is delivery of a properly drafted NOTICE TO VACATE, which complies with all requirements of section 24.005 of the Texas Property Code. Failure to meet any of the requirements of the Notice -- or the manner of delivery -- can result in the dismissal of the eviction suit.
Thus, the very FIRST STEP in any eviction proceeding is delivery of a properly drafted NOTICE TO VACATE, which complies with all requirements of section 24.005 of the Texas Property Code. Failure to meet any of the requirements of the Notice -- or the manner of delivery -- can result in the dismissal of the eviction suit.
