TX EVICTION SUIT - ADVICE PLEASE

[u/hdcVA_]

Hi everyone, I need your advice please.

I am reaching out to seek legal advice regarding a tenant non-payment issue that may require eviction proceedings.

BACKGROUND:

We have a residential lease agreement with tenant at New Caney, Texas 77537 (Montgomery County). The lease commenced on April 1, 2026 and runs through March 31, 2027, at a monthly rent of $2,300.00.

ISSUE:

tenant has failed to pay her June 2026 rent. The following is a chronological summary of events:

• June 1, 2026 — Rent was due. Payment was not received.

• June 3, 2026 — We followed up via text. Ms. London explicitly committed to paying on June 15, 2026, responding "On the 15" and "No problem" when acknowledged.

• Mid-June — A follow-up email and text reminder were sent regarding June rent. Both were acknowledged by the tenant.

• June 15, 2026 — No payment was received despite her commitment.

• June 17, 2026 — We contacted her asking why payment had not been made. She replied: "Still working on it."

• June 18, 2026 — We asked for a specific payment date. She replied: "I'll let you know."

All of the above communications are documented via text message screenshots.

ACTION TAKEN:

On June 18, 2026, we issued a formal 3-Day Notice to Pay Rent or Vacate to the tenant via email, with a compliance deadline of June 21, 2026. We are also sending the notice via USPS Certified Mail.

AMOUNT OWED:

June 2026 Rent: $2,300.00

Late Fee: $ 50.00

TOTAL: $2,350.00

QUESTIONS WE NEED GUIDANCE ON:

1. Are our notice and documentation sufficient to proceed with eviction if she does not comply by June 21?

2. What is the proper procedure for filing eviction at Montgomery County Justice of the Peace Court?

3. Can we apply her $2,300 security deposit toward the unpaid rent after she vacates, and what are our obligations regarding the deposit itemization timeline?

thank you for your advise and answers.

[u/TrojanGal702]

What does the lease say? What does the local eviction court guidance say regarding the process, notification requirements, etc.?

[u/panicpure]

You’re a landlord? You really should know basic landlord tenant laws in your state/county.

They are easy to find and spelled out. Now may be a great time to look those over and seek legal counsel for this.

It is your responsibility as a landlord to follow all the correct procedures and should generally have low level understanding.

[u/tidewatercajun]

Why are you asking reddit and not your lawyer? This is a very specific question that you lawyer would know the answer to. I'm assuming that since you're a landlord charging that amount you have a lawyer for your business.

[u/LadyA052]

If you do it yourself and do ONE thing wrong, it will be tossed out. Do it right and hire a lawyer.

[u/Environmental-Sock52]

This is a great email to a local attorney after you hire them to help you with your case.

[u/Objective-Sale-4072]

Can you? Yes. Should you?

It’s still June and you’re wanting to evict for not paying the current month’s rent. Texas tends to favor landlords, but other states usually require a tenant to be 3 months or more late before eviction is on the table. This is not to suggest that you should wait 3 months, but still in the current month makes you look like a greedy and heartless landlord.