SAAA November/December 2017 Residence Magazine NOV_DEC_2017_Magazine_36pp | Page 31
LEGAL UPDATE
c. Posted on the outside of the main entry door (take a digital image) for a valid
reason along with proof of the language on the envelope along with proof of
mailing of a copy (the receipt from the Post Office).
2. Your legal representative should not file the eviction until confirming that the NTV
was properly served.
If your Notice to Vacate is not properly served, do not be surprised if you lose the
eviction at JP Court or on appeal, you waive the rent due as of the date you lose the eviction and
you are required to pay the attorneys’ fees incurred by the tenant. At least one Bexar County
Court at Law has ruled against a landlord for failing to mail
See the excerpt below from the Texas Property Code Notice to Vacate Statute; if you
have questions, you should contact competent counsel of your choice.
Tex. Prop. Code § 24.005
Sec. 24.005. Notice to Vacate Prior to Filing Eviction Suit.
(a) - (e) Intentionally deleted.
(f)
Except as provided by Subsection (f-1), the notice to vacate shall be given in person
or by mail at the premises in question. Notice in person may be by personal delivery to
the tenant or any person residing at the premises who is 16 years of age or older or
personal delivery to the premises and affixing the notice to the inside of the main entry
door. Notice by mail may be by regular mail, by registered mail, or by certified mail,
return receipt requested, to the premises in question.
(f-1)
As an alternative to the procedures of Subsection (f), a landlord may deliver the
notice to vacate by securely affixing to the outside of the main entry door a sealed
envelope that contains the notice and on which is written the tenant’s name, address, and
in all capital letters, the words “IMPORTANT DOCUMENT” or substantially similar
language and, not later than 5 p.m. of the same day, depositing in the mail in the same
county in which the premises in question is located a copy of the notice to the tenant if:
(1) the premises has no mailbox and has a keyless bolting device, alarm system, or
dangerous animal that prevents the landlord from entering the premises to affix
the notice to vacate to the inside of the main entry door; or
(2) the landlord reasonably believes that harm to any person would result from
personal delivery to the tenant or a person residing at the premises or from
personal delivery to the premises by affixing the notice to the inside of the main
entry door.
(f-2)
Notice to vacate under Subsection (f-1) is considered delivered on the date the
envelope is affixed to the outside of the door and is deposited in the mail, regardless of
the date the notice is received.
© 2017 R. David Fritsche
Law Offices of R. David Fritsche does not intend for the information contained in this article to be a substitute for legal advice; you should obtain counsel from your
attorney regarding the information contained herein. David is an attorney with The Law Offices of R. David Fritsche, General Counsel to the San Antonio Apart-
ment Association, Inc., and engages in the practice of landlord/tenant law and civil litigation. He can be reached at (210) 227-2726, facsimile (210) 227-5550, e-mail
[email protected].
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