Evictions are unavoidable if you are a landlord and you lease your rental. Landlords being armed with the right information can help speed things up when it comes to needing to evict a tenant. The formal eviction process can be a stressful situation for both tenant and landlord partaking in the lease. Knowing what to do and avoid breaking the law and getting caught up in an eviction suit will leave the Texas eviction process running smoothly for each landlord.
Under the Texas Law, a 3-day notice period is the legal rule for eviction and enough for a tenant to move out from your rental unit. After 3 days, a landlord can file for a forcible entry and detainer suit. Moreover, a landlord should file the Texas eviction suit in the precinct where their unit is located to avoid a case dismissal.
Notice for Lease Termination with Legal Cause
By law, a Texas landlord can evict a tenant and end a rental agreement for various reasons. Under Texas law, a landlord can evict a tenant for many legal reasons, including the following:
- Threatening other tenants or displaying rowdy and unsafe behavior that would breach the rental agreement or state law.
- Not paying rent on a monthly basis or a failure to pay rent when agreed.
- Committing a breach of contract of the leasing agreement such as leaving unpaid rent.
- Engaging in illegal or criminal activity or illegal lease violations.
The first step in the Texas eviction process as a landlord is sending a written notice to vacate. Sending an eviction notice as a landlord in Texas is simple. A 3-day Notice to Vacate is sufficient for eviction if a tenant pays rent late or if he has committed a violation.
It’s up to you as the landlord and property owner whether to allow your tenant to cure the lease violation or pay rent within the 3 days of the tenant notice to vacate. Basically, this translates to landlords having a certain degree of control in Texas when it comes to the lawful eviction process in Texas – in particular, if a tenant pays rent or you wish them to be a holdover tenant in the end.
If you have no existing written agreement with a tenant then you are entitled to evict a tenant without cause. There are 2 ways for a landlord to go about this situation, depending on the leasing type and when a tenant pays rent.
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Month-to-month tenancy. This requires a written notice called a 30-day Notice to Quit.
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A fixed-term lease or rental agreement. This requires landlords waiting for the tenancy’s end date. Providing an eviction notice is not required since the move-out date is stated clearly on the leasing agreement.
In cases where the tenant fails to move out upon the tenancy end, the property manager can present the tenant with a 3-day Notice to Vacate and therefore initiate eviction proceedings after the initial notice period. Should the tenant refuse to leave within the prescribed notice period, or return overdue rent owed within 3 days, you can file for an eviction suit.
Serving a Tenant with a Notice to Vacate in Texas
Under the Texas eviction law, it’s required to send a tenant a 3-day Notice to Vacate before a texas landlord can go to court and the landlord filed for an eviction suit. The notice to vacate can be given via hand delivery, or through the mail but before doing so the landlord must pay any filing fees to give the proper notice.
Tenant Defenses in Texas
If a tenant disagrees or the tenant files a counterclaim with the formal eviction proceedings, they may have a defense as to why you, the petitioner, shouldn’t win the eviction suit in county court. Tenants have their rights in Texas and may claim in court:
- You were incompetent as a landlord and neglected your duty to keep the unit in good condition for tenants according to Texas Property Code.
- You ignored the tenants requesting repairs or maintenance requests.
- Your eviction was based on the retaliation of a tenant’s right by law to complain to a government authority (like Housing and Community Affairs) on the premise of your responsibilities.
- The landlord is guilty of violating the Fair Housing Act or other federal rules by discriminating against the person under the protected classes.
- Your rental is no longer livable and has become a risk to the tenant’s safety and wellbeing which would be a violation of the rental agreement.
- The landlord is guilty of committing self-help procedures that are against Texas law, and local or federal rules, such as removing a tenant’s personal property. The person is deprived of using vital utilities, like electricity and water. In addition, the landlord changed the locks or committed forcible entry making the rental unit inaccessible or unusable to the tenant.
Attending the Hearing
Under the Texas eviction law, a landlord will file an eviction suit at a precinct and establish where your rental unit is situated. Filing for an eviction hearing in the wrong precinct can be grounds for dismissal. Therefore, do your research accordingly before the eviction lawsuit.
The tenant will be served by a Constable with the eviction lawsuit paperwork that will inform the details of the schedule of the eviction hearing. Consequently, if a tenant fails to receive the eviction lawsuit petition 2-3 times then it will simply be mailed or posted on the premises.
A tenant is given 5 days to move out of the unit by the judge when the final judgement states they lose the case in justice court. Next, the landlord will receive a writ of possession. The writ of possession indicates that the landlord has the right by law to reclaim the rental property from the tenant.
This includes the weekend and if it falls on a holiday, the deadline is moved to the following day. On the 5th day, the tenant can file for an appeal in a county justice court.
A 30 to 90-day period can be granted by the justice court, extending a tenant’s stay. The tenant has 3 Texas justice court appeal options: a Surety Bond, a Pauper’s Affidavit or an Inability to Pay Appeal. The last court appeal option, in particular, being a Cash Appeal and Bond.
During the court proceedings, any evidence against or for tenants must be presented in front of witnesses. It should be noted that the landlord must have an attorney present. Otherwise, they may choose to represent themselves in court.
Property managers can also assist you regarding court proceedings as they are usually well versed in Texas property code.
Writ of Possession in Texas
If the landlord wins and after the mandatory 5-day period is over, and the tenant still refuses to leave your rental property, you can opt to file for a Writ of Possession. Receiving a writ of possession means that the property is legally yours to reclaim according to Texas law; it serves as proof that a judge ruled in your favor. A Constable will assist you in gaining back possession of your property using the writ of possession.
The writ of possession is the last step in gaining your property back from the tenant, as they face considerable legal penalty if they do not abide. Because of this, a write of possession is rarely required, but crucial knowledge to have nonetheless.
The Eviction
At this point in the eviction suit proceedings, the Constable will serve the tenant a 24-hour required Notice period to Vacate the tenants from premises. The vacate period for tenants in Texas is only a minimum of three weeks or 20-23 days.
Bottom Line
It’s helpful to you to obtain the services of Texas eviction law experts from the start of the written lease agreement violation to ensure that the eviction process follows the proper legal process. If there are errors made in the filing, this could result in a case loss. Furthermore, this could translate to the tenant overstaying in your rental unit.
Instead of earning a steady stream of profit from the rental, you will suffer from a loss of income. Be sure to seek out solid legal advice before taking any action that could jeopardize your eviction lawsuit case.
Call McCaw Property Management at (817) 491-2553 to assist you in all matters. We’ll make sure the tenant is packed up and leaving your property, and your income losses will be greatly reduced.
If you have specific questions, hire the services of a qualified Texas attorney. Alternatively, you can seek help from a knowledgeable property management company.
Note that this blog should not be used as a substitute for legal advice from a licensed attorney in Texas. Laws frequently change and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.