In many states the burden of proof is on the landlord in the event that the tenant does not pay rent or is delinquent.  In a state such as New York the burden of proof rests squarely upon the shoulders of the landlord to prove nonpayment of rent or delinquency.  In such jurisdictions, the landlord is considered fortunate if they obtain a court date within 6 months of the breach of the lease terms and, in many instances, must wait an additional 6 months to a year to have the tenant evicted by the court system.  Such laws create a bog of lost rental revenue and exorbitant legal fees.

In Texas, however, the burden of proof is on the tenant.

If rent is not received on the 1st of the month, a Notice to Vacate may be served on the 3rd of the month.  By the 21st of the same month, if the tenant has not produced a cancelled check to the court, he or she may be legally evicted with the Constable and/or Sheriff supervising the removal of their property by the property manager.  Thus, the owner of the rental property has complete control over their investment and is not subject to the whims of the tenant or presiding judge.

Another advantage of buying investment property in Texas is that a buyer is not required to have an attorney present at closing.  Moreover, the closing documents can be sent via overnight delivery to your location where the buyer would simply execute the documents, have them notarized, and overnight them back to the title company to complete the property acquisition.

AFFILIATED WITH GREAT REAL ESTATE, INC.

Landlord-Tenant Laws in Texas