Do we need to send a certified return receipt to the landlord before filing a small claims suit for an unlawful eviction?
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Do we need to send a certified return receipt to the landlord before filing a small claims suit for an unlawful eviction?
Asked on June 26, 2015 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No. While the landord is required to serve you with certain notices before commencing an eviction action, anyone can file a small claims (or even regular district/county court) matter without first having to give the other side warning via a certified mail notice. Simply follow your court's rules for filing a lawsuit and serving the summons and complaint; you can find these out from the court's clerk or likely from its website (which may also have helpful forms or templates).
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