What to Do if a Tenant Violates Their Lease Agreement?
Managing rental properties with tenants adhering to the lease terms 100 percent of the time is the dream for any Texas landlord. Unfortunately, that isn’t always the case. Violations, such as missed rent payments, unauthorized occupants, or property damage, can leave landlords in a challenging position.
While eviction is always an option, it’s a last resort, as vacancies can hit the bottom line harder than a minor violation.
Knowing how to handle lease violations effectively is critical to maintaining control of your property and protecting your financial interests. At Classic Property Management, we’ve helped associations across Dallas and Fort Worth deal fairly with lease violations for decades. Below is a detailed guide from our experts on what you should do if a tenant violates their lease agreement.
Review the Lease Agreement
Whether your renter forgot to pay rent on time or damaged your property, your first step as a landlord is to refer back to the lease agreement itself.
Understanding the terms you and your tenant agreed to will help determine how to move forward.
For instance, if the violation involves late rent payments, your lease will stipulate a grace period and late fees.
Similarly, if the breach involves something more serious, like unauthorized pets or subletting, the lease should outline the next steps. By knowing the exact terms of your agreement, you can address the situation confidently and lawfully.
Communicate With Your Tenant
Once you have a clear understanding of the lease violation, it’s important to communicate directly with the tenant. Often, a violation may stem from a misunderstanding or an unforeseen circumstance. By initiating a respectful and open conversation, you may be able to resolve the issue without escalating the situation.
Explain the nature of the violation to your tenant and remind them of the lease terms. In cases where the tenant is going through a hardship, they may not have informed you. Use this opportunity to listen to their concerns while making it clear that violations must be corrected to avoid further action.
During this conversation, you may also decide to send a written notice outlining the violation and specifying a reasonable time frame for them to correct the issue. This is usually 7 days in accordance with state law.
Remember, documentation is essential, especially if the situation progresses to more formal actions.
Issue a Formal Notice
If communication fails to resolve the problem, you’ll need to escalate the matter by issuing a formal notice.
Depending on the violation, this could be a notice to “Pay or Quit” (for nonpayment of rent) or a “Cure or Quit” notice (for other lease violations). The purpose of this document is to inform the tenant that they are in breach of the lease terms and must correct the violation within a specific period, typically 30 days.
This notice should include:
- The exact nature of the violation.
- The corrective action needed.
- The time frame in which the tenant has to remedy the situation.
- Consequences if the violation is not corrected, such as eviction.
Work with your property management team to double-check that any demands you have comply with Texas law.
Follow the Legal Eviction Process (If Necessary)
If the tenant fails to correct the violation after receiving a formal notice, the next step may be to begin the eviction process. Eviction is a serious legal action that can have significant consequences for both the tenant and the landlord.
As a landlord, you must follow the legal process carefully to avoid any setbacks or potential claims from the tenant.
Start by filing the necessary paperwork with your local court to begin the eviction process. Once the case is filed, the court will schedule a hearing where you can present your case.
Bring all relevant documentation, including the lease agreement, proof of violation, any notices you’ve sent, and records of communication with the tenant.
If the court rules in your favor, the tenant will be ordered to vacate the property within a certain time frame. In Texas, if a judge issues a Writ of Possession for a landlord, the renter has 24 hours to evacuate the premises.
Avoid Future Issues With a Strong Tenant Screening Process
While lease violations are unfortunate, they can often be minimized by implementing a thorough tenant screening process from the beginning. Classic Property Management recommends vetting all potential tenants by conducting credit checks, verifying employment and income, and contacting references from previous landlords. This proactive approach can help identify potential risks and avoid situations where tenants fail to adhere to their lease obligations.
Having a professional property management company like ours handle tenant relations can alleviate much of the stress involved with violations.
From screening tenants to managing lease enforcement, Classic Property Management ensures that every aspect of rental management is handled professionally and efficiently.
Settle Renter Disputes Easily, With Classic Property Management
Dealing with a tenant who violates their lease agreement is never easy, but understanding the proper steps can help you navigate the situation confidently. Start by reviewing the lease, communicating with the tenant, and issuing a formal notice when needed. Following the legal eviction process is your best option if the violation persists.
Finally, focusing on tenant screening and professional management can help prevent these situations from occurring.
As always, if you need help approaching lease violations, the team at Classic Property Management is here to help! If you’re ready to approach resolution without stress, we’re ready to help.
