I have a house in Texas that I have had rented for the last year. I don't live in Texas, so I have a family member that manages the property for me. Last month they told her they were moving around the middle of March to a home they are buying. The lease was up in February.

Well, now it's the 8th of March, and they again haven't paid the rent. I also have a new renter lined up who is anxious to move in, but we have yet to hear from the tenants about their move-out date. Since I am tired of the monthly hassle of trying to get them to pay, and because I have the feeling they're going to try to skip out, I decided to take matters into my own hands and give them 30-day notice to move out, per the terms of the lease agreement. I also gave them a notice of late rent and directed them to pay it in three days. Their phone is now disconnected and we haven't been able to reach them that way.

My understanding of Texas law is that the notice is to be either mailed certified mail, or posted on the inside of the front door. I didn't want to wait the extra days for mailing, so my family member went over to post the notices on the inside of the door. When she got there, however, she found they had changed the lock. They hadn't changed the lock on the side door, though, so she entered that way.

To make a long story short, the house is in shambles. There were trash bags all over the patio, and apparently a raccoon had gotten into them. The carpet, which was installed brand new right before they moved in, is now stained. The brand new stove is crusted with gunk. There are trash bags everywhere, clothes and toys everywhere, and the place is just a horrible mess. She immediately went to get her camera and took pictures of everything.

Now I'm not sure what to do. Do we get in trouble because she entered the house, even though the law said to post the notice on the inside of the door and the only way in was through the side door? Do I have any recourse to force them to clean up the mess? The house was in mint condition when they moved in. I have all the receipts for the paint, carpet, stove, everything. Can I immediately start eviction proceedings? At this point I just want them to get out before they cause any more damage.

Any advice would be greatly appreciated.

I have a house in Texas that I have had rented for the last year. I don't live in Texas, so I have a family member that manages the property for me. Last month they told her they were moving around the middle of March to a home they are buying. The lease was up in February.

Well, now it's the 8th of March, and they again haven't paid the rent. I also have a new renter lined up who is anxious to move in, but we have yet to hear from the tenants about their move-out date. Since I am tired of the monthly hassle of trying to get them to pay, and because I have the feeling they're going to try to skip out, I decided to take matters into my own hands and give them 30-day notice to move out, per the terms of the lease agreement. I also gave them a notice of late rent and directed them to pay it in three days. Their phone is now disconnected and we haven't been able to reach them that way.

My understanding of Texas law is that the notice is to be either mailed certified mail, or posted on the inside of the front door. I didn't want to wait the extra days for mailing, so my family member went over to post the notices on the inside of the door. When she got there, however, she found they had changed the lock. They hadn't changed the lock on the side door, though, so she entered that way.

To make a long story short, the house is in shambles. There were trash bags all over the patio, and apparently a raccoon had gotten into them. The carpet, which was installed brand new right before they moved in, is now stained. The brand new stove is crusted with gunk. There are trash bags everywhere, clothes and toys everywhere, and the place is just a horrible mess. She immediately went to get her camera and took pictures of everything.

Now I'm not sure what to do. Do we get in trouble because she entered the house, even though the law said to post the notice on the inside of the door and the only way in was through the side door? Do I have any recourse to force them to clean up the mess? The house was in mint condition when they moved in. I have all the receipts for the paint, carpet, stove, everything. Can I immediately start eviction proceedings? At this point I just want them to get out before they cause any more damage.

Any advice would be greatly appreciated.

you have already start the process by posting the 30 day notice now
this link will help:
http://www.rentlaw.com/eviction/texaseviction.htm

Get an attorney and file for eviction asap. THe pics relate more to damages but it soudns non-payment of rent is the reason for eviction and the damages are addressed via seecurity deposit then suing for damages in excess of security deposit. Obviously, there is damage but you need to get them out first to fully examine the damage as it likely is more than what you can see in the pics.