[TX] [TX] Can I evict tenants for non-payment even though there is mold in the home?
I have a house in Irving, TX. The tenants went through an advocate to stay in the house until Jan. 5, 2026. Their rent of $1,050 was due Oct. 1, 2025, but they haven’t paid. I know they won’t pay the next two months. Can I evict them for non-payment?
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You can proceed with eviction for non-payment. Under Texas law, you can issue a 3-day Notice to Vacate (unless your lease says otherwise) and then file in Justice Court if they don’t comply (§ 24.0051). Keep documentation of the lease, payment records, and notices. Since they already used an advocate before, they may try to delay again, so keep everything organized (Rule 510.3).
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I have a house in Irving, TX. The tenants went through an advocate to stay in the house until Jan. 5, 2026. Their rent of $1,050 was due Oct. 1, 2025, but they haven’t paid. I know they won’t pay the next two months. Can I evict them for non-payment?
Have you communicated with them about the overdue rent?
Yes, I emailed them last week.
Does your lease include terms for late payment or eviction?
I believe so.
Anything else the lawyer should know?
Not that I’m aware of. They got the advocate involved because I tried to evict them earlier.
You can proceed with eviction for non-payment. Under Texas law, you can issue a 3-day Notice to Vacate (unless your lease says otherwise) and then file in Justice Court if they don’t comply (§ 24.0051). Keep documentation of the lease, payment records, and notices. Since they already used an advocate before, they may try to delay again, so keep everything organized (Rule 510.3).
The tenants haven’t paid October rent. I tried to evict them before because there’s mold in the house. They shouldn’t get to stay for free. The mold is dangerous.
Tenants cannot stop paying rent because of mold unless they gave proper written repair notice and you failed to act. You can still evict for non-payment. If mold exists, document it and show you were willing to fix it—it protects you from liability. After notice, file eviction in JP court. Avoid unnecessary direct contact; handle repairs once they’re out.
But for their safety, is it okay for them to live in a house with mold? I can’t afford medical bills if something happens. Why would someone want to stay in a house with mold?
Your concern is valid. Mold can be dangerous, depending on the extent. If it’s severe (e.g., black mold), you may need remediation and possibly temporary relocation. If you knowingly allow them to stay in unsafe conditions, that could create liability. However, from a legal standpoint, they still must pay rent unless they properly notified you and you ignored the issue. Thank you and reach out if you need more help.
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