No one wants to deal with a tenant eviction, but sometimes it’s necessary for an owner. Evicting a tenant requires compliance with state laws throughout the eviction process.
This eviction process can be costly and stressful for both the landlord and the tenant, making it a last resort.
Generally, courts are very protective of the tenant’s rights, and a landlord’s case may be dismissed if they fail to follow the correct law.
They will need to provide a written notice to the tenant, specifying a date to vacate the premises. This notice is required before proceeding with an eviction suit.
If the eviction lawsuit moves forward, the landlord and tenant may be required to attend an eviction hearing in the local Justice court, where a judge determines if the landlord is justified. If the landlord’s case is not clear, the eviction suit could be delayed.
Lessors must have all documentation ready before they file the case, especially if the eviction is due to a tenant’s lease violation of a specific clause in the written lease, as a poorly prepared eviction lawsuit can cause delays for the landlord.
An eviction in Texas law is also referred to as a “forcible detainer suit.” There are many reasons to evict a tenant legally. If you are not familiar with the law, hiring a knowledgeable Texas property management company and an eviction attorney can help.
Common reasons to file for eviction suit include:
- Failure to pay rent. This is the most common ground for a landlord to start an eviction suit. Landlords should refer to the lease to confirm grace periods before filing a notice to a tenant.
- Property damage. Due to the extreme costs involved, excessive damage by a tenant also leads to eviction. This includes broken appliances, holes in walls, and ruined floors.
- Smoking on the rental. Smoking is one of the most expensive breaches of the lease agreement for a landlord to fix.
- Breaking HOA rules. If your rental is part of an HOA, the landlord and tenant are required to meet specific conditions, covenants, and restrictions.
- Illegal use of the rental. A landlord may evict tenants if they’re using the rental in a way that violates state or federal law.
The Eviction Process in Texas
You must follow the steps below if a tenant is violating the lease agreement under Texas law.
Step 1: Determine the reasons for the eviction.
Valid grounds must exist to serve a notice. There are a variety of reasons, including a tenant failing to pay rent, violating lease terms, or causing damage. Before filing an eviction suit, the landlord must serve a written notice, which provides the tenant with a specified period to leave.
These eviction proceedings are governed by Texas law and must be followed correctly. For more guidance, tenants can refer to resources like the Texas Tenant Advisor for help understanding their rights. Every law must be followed.
- Providing incorrect information in the lease application.
- Allowing another person who isn’t on the lease to live there.
- A tenant violating the landlord’s policy on pets.
- The tenant refuses to move after the lease ends.
- A tenant using the rental to distribute or display obscene material.
Before proceeding with the eviction, the landlord must meet their responsibilities. A landlord must fix anything that affects the safety or physical health of the tenant under the Texas Property Code, as this is a key part of these eviction proceedings.
If the landlord fails to do this, the tenant may use it as a defense in court as per the Texas Property Code.
Step 2: Serve the Appropriate Texas Eviction Notice
According to eviction laws, one is required to give the tenant proper notice to vacate before filing a lawsuit.
The notice to vacate indicates the nature of the breach and specifies that the tenant must leave by a certain date.
The Notice to Vacate form is available online or at the court clerk’s office. A landlord should do the following:
- Check the rental agreement for provisions regarding the notice period. If your written lease allows for more than three days, the landlord must give the tenant that extra time.
- Before a landlord can file the eviction case, the landlord must allow at least three days after delivery of the notice.
- The notice can be delivered to the tenant or any person over 16. The landlord may attach the notice to the front entrance or use certified, registered, or regular mail to serve the notice to the tenant. Properly documenting how and when the notice was delivered to the tenant is a critical piece of evidence should the case proceed to a hearing.
Tenants unsure of their rights during this process can seek guidance from resources like the Texas Tenant Advisor.
Step 3: File the Eviction Lawsuit.
Once the notice period expires and the tenant has not moved out, the landlord files a petition with the Justice court to begin the formal eviction process.
Also known as a Petition for Eviction, the eviction complaint must be filed in the Justice of the Peace Precinct where the property is located. You also need a Civil Case Information Sheet and a Military Status Affidavit. The landlord will also be required to pay court filing fees at the justice court when submitting the petition.
To avoid dismissal, the landlord must provide complete information as required by law and the Texas Property Code, including:
- The reason for the eviction notice.
- The total amount of unpaid rent if the failure to pay rent is the reason for filing.
- The date the rental was leased, and whether the lease is oral or written.
- The address of the rental and the names of every tenant involved.
- When and how the Notice to Vacate was given to the tenant.
Keep in mind that you may also be required to include the information in Spanish. If you’re not fluent in Spanish, get help from someone who knows the language.
Step 4: Attend the Hearing.
A court hearing will usually occur between six to 10 days after a tenant is served with court papers. To give the landlord the best chance of winning the court hearing, bring as much evidence as possible and arrive early:
- Make sure you have someone who can back up your case. Also, make sure all facts are accurate by reviewing the testimony with them in advance.
- Try to observe similar cases before your hearing date if you can.
- Bring as much evidence with you as possible.
- Arrive early in court.
Often, a judge will make a ruling, but the tenant may request a jury trial. If the judgment is in the landlord’s favor, potentially awarding unpaid rent, court costs, and reasonable attorney’s fees, the tenant will have five days to move out or file an appeal.
If the decision is against the landlord, the landlord should consider an appeal. Filing an appeal is an important right for both the landlord and the tenant.
Step 5: Make a Writ of Possession.
Assuming the landlord has won the case and the tenant hasn’t vacated, the landlord can request a Writ of Possession. This court order allows a tenant’s belongings to be forcibly removed. It directs a sheriff or constable to hand possession back to the landlord.
When that’s done, possession is turned over. A successful writ of possession is the final step in retaking the property. A second document may be needed if you were also awarded monetary damages. Once issued, a constable typically must execute the writ of possession within a specific timeframe, ensuring the tenant is removed promptly but lawfully.
Winning an eviction suit is the only legal way a landlord can evict a tenant. Even after the landlord has won the lawsuit, the landlord must follow the proper procedures to evict the tenant. Because eviction law can be complex, it is always wise for a landlord to seek legal advice before starting an eviction lawsuit against a tenant.
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