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TX 3 day notice delivered...past due rent paid on 3rd day

New tenants...Dec. rent check bounced..endless stories and promises the money would be there 'by the end of the week'....never happened.  Posted 3 day eviction notice on 1/2...it's a miracle, 2 months rent paid 1/5...day set to file eviction.  We want these people gone since they have already broken terms of lease.  Can I go ahead and file eviction with the authorities even though they paid the rent today (we wont actually know until after 3:00 if they really did deposit the money) '
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The earliest you could file would be tomorrow and by then you will know if the deposit was made.  Check with your courthouse clerk about filing.  Before doing that, carefully read what the notice you gave them says.  If it says 'Pay or Quit' then the eviction will be thrown out and you would be wasting your time.  Next time, don't wait two months to give notice.  If they are repeatedly late, in some jurisdictions you may be able to evict them for 'habitual late payment'
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