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Home > Law > Real Estate Law   »   Fault to pay rent on day by day lease

 
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Old Aug 24, 2007, 12:25 PM
Jarrod
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Fault to pay rent on day by day lease

My father rented a house in Rockport, Texas to a small family. He used a verbal contract with stating it would be week by week basis. If they didn't pay they would have to leave. Well they have not paid in nearly a month. My dad kept giving them chances. Well now they will not move.

My question is do I have to do a regular eviction through the courts. Or is this considered to be a hotel stay and am I LEGALLY able to put a lock on the door. I have talked to hotels and this is what they do. What should I do?

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Old Aug 24, 2007, 12:31 PM   #2  
JohnSnownw
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Hotels do not have verbal agreements with their tenants. They have to sign a contract.

This may help:

Can I change the locks on a tenant's guest who refuses to leave?

It would appear that if they've made at least one payment, they are considered legal tenants. So you may in fact have to go through the courts.

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Jarrod agrees: Already knew this! But it reaffirmed. Thanks Jarrod.
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Old Aug 24, 2007, 03:03 PM   #3  
ballengerb1
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Your father should begin eviction procedings in court. They are legal tenants in default. Don't put a new lock on, you would be in violation of the law.

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Jarrod agrees: Already knew this! But it reaffirmed. Thanks Jarrod.
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Old Aug 24, 2007, 06:07 PM   #4  
Jarrod
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After two hours in a lib reading about Ten and Landlord rights this is what I found. If you don't want to wait the TWENTY THREE DAYS TO REMOVE SOMEONE landlords are able after the three day legal notice to get a 100 dollar bond. This bond of immediate eviction. Basically you pay the 79 dollars for court fees then the 100 dollars. Awesome feature a CONSTABLE delievers the paper saying you have 6 days to get out. They can appeal but if they aren't paying rent they aren't going to WIN. Then you get your 100 dollars back. GO LANDLORDS GET ALLLLL.
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