An eviction is a legal procedure that can be daunting for any landlord, especially if you're unfamiliar with state laws. It’s not merely the act of removing a tenant from a property. In Texas, the Texas Property Code outlines the process, which stipulates the grounds for eviction, the required notices, and the legal procedures to follow. As a landlord, you must adhere strictly to these laws to ensure a smooth and legally compliant eviction.
As a landlord, understanding these regulations is crucial to managing your properties effectively and avoiding legal pitfalls. This guide offers a comprehensive overview of the eviction process in Texas, providing you with the necessary steps and considerations to navigate this complex process.
Notice for Terminating a Lease Agreement with Legal Cause
Before you can proceed with an eviction, per state landlord-tenant laws, you must have a legal cause. The most common reasons include non-payment of rent, violation of lease terms, or holding over after the lease term has ended. Once you have established a cause, you must provide the tenant with a proper notice of eviction.
Here are the examples of lease violations:
Engaging in illegal activities
Keeping pets without permission
Causing disturbances to other tenants or neighbors
Failing to maintain a clean and sanitary living environment
Neglecting to notify the landlord about defects or necessary repairs
Avoiding minor repairs or maintenance as required by the lease agreement
Serving a Tenant With an Eviction Notice
Once you have determined the legal cause for evicting a tenant, the next step is to serve the tenant with an eviction notice. Texas law requires that landlords use specific notices depending on the reason for eviction:
Notice to Pay or Vacate: You must give the tenant at least three days' notice to pay the rent or vacate the premises unless the lease specifies a longer period.
Notice to Vacate: If the eviction is for a lease violation other than missed rent, the landlord must provide a notice to vacate. Texas landlords are not mandated by law to allow the tenant to fix the issue and tenants must move out within the notice period.
Notice to Move Out: If the tenant remains in the property after the lease has ended, you must terminate the lease first by providing a 30-day notice to move out before proceeding with the eviction.
The eviction notice must then be delivered either in person to the tenant or an adult residing in the property, affixed to the inside of the main entry door, or sent by registered or certified mail.
Tenant Eviction Defenses in Texas
The defense is why the petitioner, in this case the landlord, shouldn’t win the case. Tenants may present defenses against eviction, which can include:
Retaliatory eviction: If the tenant can prove the eviction is in retaliation or discrimination for actions like complaining about unsafe conditions, the court may side with them.
Improper notice: The tenant may argue that they did not receive adequate or legally compliant notice.
Payment of rent: If the tenant can demonstrate that rent was paid during the notice period, the eviction may not proceed.
“Self-help” evictions: If the tenant proves that their landlord attempted to forcibly remove them through changing the locks, shutting off utilities, removing a door or window, or removing the Texas tenant’s belongings the eviction won’t move forward.
Attending Court Hearing
After the notice period expires, if the tenant has not vacated or remedied the situation, you can file an eviction lawsuit in your local court. Tenants have the option to submit a written response to the court within 14 days after they receive the complaint. They can still present their case at the eviction hearing even if they haven't submitted a written answer.
The eviction hearing is scheduled to take place between 10 and 21 days following the filing of the complaint in court. A jury can be requested up to three days before the trial. Both parties have the right to ask to postpone the hearing for up to 7 days. If the tenant does not show up for the hearing, the default judgment will rule in favor of the landlord.
Writ of Possession
If the judge rules in your favor, you can request a writ of possession, which allows a constable or sheriff to remove the tenant from the property. The Writ of Possession serves as the final notice for the tenant to vacate the property and provides them a chance to collect their belongings before the sheriff revisits the property.
The Eviction
Execution of the writ must be handled by a law enforcement officer. As a landlord, you cannot remove the tenant or their belongings yourself. The officer will post a 24-hour notice on the residential rental property informing the tenant of the impending eviction. After 24 hours, the officer will oversee the removal of the tenant.
Bottom Line
The eviction process in Texas requires careful attention to legal details and strict adherence to procedures. By understanding and correctly implementing these steps, you can manage your properties effectively while respecting the rights of your tenants.
Always consider consulting with a legal professional or property management company that is well-versed in Texas law to navigate complex situations like evictions, as this can save you time, money, and potential legal challenges in the future. Contact Azure Sky Realty LLC. if you need help we’ll be happy to assist you!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
