Posted by
Natalia Collins

1st month rent payment

Tenant signed lease and put security deposit. However, 1st month rent is unpaid. When the landlord will be able to terminate the lease contract. What would be the paperwork required

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1st month rent payment

By Natalia Collins   
Posted on Aug 21, 2019 in Topic: Realtor Only
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Tenant signed lease and put security deposit. However, 1st month rent is unpaid. When the landlord will be able to terminate the lease contract. What would be the paperwork required
Status: Open
Viewed: 497
Asked by: REALTORS®
Posted: 4 weeks ago
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Yvonne Chauvin
about 4 weeks ago
Hi Natalia,

Since we don’t have more details, it’s hard to provide you with a solid advice (which should be provided by an attorney). Most of your questions will be answered if you read the Lease Agreement- check what’s the Commencement date on the Lease (usually it’s 5 days).
Also, look at paragraphs: 5: RENT; and 5.D: METHOD OF PAYMENT as well as 27: DEFAULT
You can also find answers by checking the Texas Property Code at the Texas Legislature's website which is http://www.statutes.legis.state.tx.us/.
I hope this helps.
Thank you,

Yvonne Chauvin- REALTOR®
MCNE, CNE
Better Homes & Gardens Real Estate Gary Greene
YvonneChauvin@yvonnechauvin.com
Cell: 281-686-0143


about 4 weeks ago
Silver
J. Lindsey
about 4 weeks ago
The landlord probably can’t terminate it. The landlord will probably have to file an eviction if the tenant has possession rights.


about 4 weeks ago
Bronze
Brenda Francis
about 4 weeks ago
Not knowing more of the details, I would've to say to contact an attorney.


Brenda Francis
Connect Realty
713-927-8493
brendasellhomes@gmail.com



about 4 weeks ago
Bronze
Pius Dawson
about 4 weeks ago
TXR-2208 NOTICE TERMINATING RIGHT OF OCCUPANCY is the form you would use as the tenant is already in default of the lease for not paying the first months rent on or before the day of move in. I am going to assume you already handed over keys and they have possession of the home? You just need to give 3 business days notice and if they do not move out you will then need to file eviction in the precinct the home is located in. this will cost you approx. $130.00. You can only file after the 3 days notice. If they pay after you have given them notice and after you have filed with the court you can ask for the reimbursement of the court cost. If you want them out anyway then do not accept any payment.
Good luck.


about 4 weeks ago
Bronze
Kelly McKenzie
about 4 weeks ago
Not enough information on why the first months rent was not paid. Need clarification or the landlord will have to hire an attorney.


about 4 weeks ago
Bronze
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about 4 weeks ago
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about 4 weeks ago
Bronze
Zera Thomaz
about 4 weeks ago
Even though the tenant had put a security deposit, http://www.realestatephotoservice.com he should pay the first-month rent on the stipulated date as per the contract. Termination of lease contracts occurs when the period of contract ends. But in some situations, where the landlord finds any violations of the contract he can terminate the contract by giving proper notice to the tenant.


about 4 weeks ago
Bronze
Rhonda Evans
about 4 weeks ago
Consult a Real Estate Attorney.


Source:


TREC.

about 4 weeks ago
Silver
Wendy Johnson
about 3 weeks ago
Natalia, you didn't provide sufficient details but of course you should have your landlord contact a real estate attorney, however have you discussed with the tennants agent if one exist? Was the tennant provided keys and is occupying the property or never occupied? Tennant is already in breach of the lease if they haven't paid the first month's rent so it's late which means late fees are already accumulating for each day the rent payment is not submitted to the landlord per section 6 of the lease agreement. If they're not occupying the property the landlord can probably claim abandonment if they haven't occupied. Tennant usually have 5 days from lease commencement to occupy. The landloord can also begin reporting late payments to the credit agencies. Please also refer your landlord to section 27 B. of the lease agreement. Good luck!


about 3 weeks ago
Bronze
michelle john
about 4 days ago
Lease and put a security deposit for renting a particular building https://gethostingproviders.com . There is some paperwork need to take place for avoiding any kind of complication or legal issues. The rent needs to pay on time to avoid any kind of misunderstanding between the owner and the tenant.


about 4 days ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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