Should I send the notice of increase in the rent to his primary residence or the leased premises?
Full Question:
I rented my apartment in Texas to a business person. The tenant had informed me in writing that the leased apartment will not be his primary residence. He also gave me his other address where he lives most days in a month. I am planning to increase the rent for my apartment. Should I send the notice of increase in the rent to his primary residence or the leased premises?
02/07/2017 |
Category: Landlord Tenant |
State: Texas |
#31683
Answer:
Tex. Prop. Code § 92.012 reads:
“(a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence:
(1) all notices of lease violations;
(2) all notices of lease termination;
(3) all notices of rental increases at the end of the lease term; and
(4) all notices to vacate.
(b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. Oral notices of change are insufficient.
(c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice.
(d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant.
(e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises.”
In the given instance, if your tenant has requested you to send all notices and communications to his other address (primary address), you may send the notice of increase in rent to such address.