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View Full Version : Breach of Rental Agreement


colbert99
Feb 26, 2009, 10:04 AM
I am in Texas and I own a home in West Texas that I along with the tenant filled out a Rent/Lease Option to Purchase agreement. Within the agreement there are defaults one of which stated that if any changes are to be made they are to be in writing and notifying both parties landlord and tenant. The tenant changed my mailing address without my consent and did not notify me. I had been receiving all property tax protest and correspondence at my current address and then all of a sudden it stopped. I phoned the taxing entities to inquire what had happened and was told the address had been changed to the property address of the tenant. All mailings that I had been receiving regarding my property was being sent to the property address and was not being forwarded. The tenant failed to complete the obligation of the lease agreement and stopped making payments before the lease term and now the taxes for 2007, 2008 are in delinquient accruing penalties and interest. I also have a property tax lien against the property due to an unpaid lien and that is now in arrears as well. Do I have sufficient cause to evict the tenants with a 60 day notice of eviction.

ScottGem
Feb 26, 2009, 10:13 AM
Changing the address is not considered a change to the property. But as soon as they stopped payment according to the terms of the contract, they went into default. You need to read the contract and see what it says about if they default.

That they changed the address that tax sratements were going to can be used against them to show default.

I don't think you need to give them 60 days. Generally a Contract for Deed will state that upon default the contract reverts to a rental lease and can be treated as such.

However, I recall that Texas has some stringent laws about contracts for deed. You might want to do some research or consult a local real estate attorney.