I’m working on developing my eviction procedures for a newly acquired park in Texas. In all of my leases, it states that I can recover court fees and attorney’s cost. But then I read that a 10 day notice must be given if you want to recover attorneys costs and court fees, as opposed to the normal 3 day notice. Then I read this law:
(a) Except as provided by Subsection (b), to be eligible to recover attorney’s fees in an eviction suit, a landlord must give a tenant who is unlawfully retaining possession of the landlord’s premises a written demand to vacate the premises. The demand must state that if the tenant does not vacate the premises before the 11th day after the date of receipt of the notice and if the landlord files suit, the landlord may recover attorney’s fees. The demand must be sent by registered mail or by certified mail, return receipt requested, at least 10 days before the date the suit is filed.
(b) If the landlord provides the tenant notice under Subsection (a) or if a written lease entitles the landlord to recover attorney’s fees, a prevailing landlord is entitled to recover reasonable attorney’s fees from the tenant.
So if its in the lease that I can recover court fees and costs, then I can just use the 3 day notice?