Key Takeaways
- Evictions in Texas are most commonly triggered by rental agreement violations such as unpaid rent, rental unit damage, unauthorized occupants, or illegal use of the rental.
- Landlords must strictly follow state law and local legal procedures, including serving a proper notice to vacate and filing an eviction case with the court, or risk dismissal of the case.
- Even after winning in court, the eviction process must be completed through a formal writ of possession, ensuring the tenant is removed lawfully and in compliance with state regulations.
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 and notice to vacate the premises. This notice is required before formal eviction proceedings.
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 or rental agreement, 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 initiate eviction proceedings. Landlords should refer to the lease to confirm grace periods before filing a notice for failure to pay rent to a tenant.
- Rental unit 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.
How to Evict a Tenant in Texas
You must follow the steps and legal process 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, violating lease agreement 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 formal eviction procedures 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 according to Texas law. 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 the Texas eviction laws, a landlord is required to give the tenant proper notice to vacate before they file an eviction 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 suit, 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 an eviction hearing.
Step 3: File the Eviction Lawsuit.
Once the notice period expires and the tenant has not moved out, the landlord can file an eviction by filing a petition with the Justice court to begin the formal eviction procedure. Also known as a Petition for Eviction, the eviction complaint must be filed in the Justice of the Peace Precinct where the rental 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 Texas eviction law and the Texas Property Code, including:
- The reason for the eviction notice.
- The total amount of missed 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 renter will have five days to move out or file an appeal.
In an eviction case, if the decision is against the landlord, they 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 resident hasn’t vacated, the landlord can request a Writ of Possession. The writ of possession is a court order that allows a tenant’s personal property to be forcibly removed. It directs a sheriff or constable to hand possession back to the Texas owners.
When that’s done, possession is turned over. A successful writ of possession is the final step in retaking the rental 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 suit is the only legal way a landlord can evict a renter. Even after the landlord has won the lawsuit, the Texas property owners 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.
Bottom Line
Following the lawful Texas eviction process ensures that rental property owners can maintain good legal standing when leasing rental units. To ensure a smooth rental opperation, consider the benefits of working with a professional property management company. If you need help managing your rental units, contact our property managers today!
Frequently Asked Questions
1. How Can Texas Landlords Strengthen Their Case Before Filing for Eviction?
Owners should review the lease, confirm the legal grounds for eviction, and gather documentation supporting the alleged violation. Depending on the circumstances, useful records may include payment histories, copies of notices, delivery confirmations, inspection reports, photographs of property damage, and written communications. Keeping organized records and following the required notice and filing procedures can help reduce avoidable delays or dismissal of the case.
2. Can a Texas Landlord Evict a Tenant Without Going to Court?
An investor generally cannot forcibly remove a renter without following the legal process. If a renter does not leave after receiving a valid notice to vacate, they typically must file a lawsuit and obtain a court judgment. If the tenant remains after the judgment, the landlord may need to request a writ of possession, which is enforced by a sheriff or constable. Owners should not attempt to remove residents through illegal lockouts, utility shutoffs, or the unauthorized removal of belongings.
3. How Long Does the Eviction Procedure Typically Take in Texas?
The timeline depends on the circumstances, court scheduling, whether the resident contests the case, and whether an appeal is filed. After the required notice duration expires, the landlord can file a lawsuit. A hearing is generally scheduled within 10 to 21 days after filing, and additional time may be needed for a judgment to become enforceable and for a writ of possession to be issued and executed. Investors should plan for possible delays rather than assume the property will be available immediately.
4. How Much Notice Must a Texas Landlord Give Before Filing an Eviction Lawsuit?
Texas generally requires at least three days’ written notice to vacate before filing a lawsuit, unless the lease or applicable law provides a different period. In some nonpayment cases, an investor must provide a notice to pay or vacate rather than simply requiring the renter to leave. The correct notice and delivery method depend on the lease and the circumstances, so landlords should verify current requirements before proceeding.
5. Can a Landlord Evict a Tenant for Violating a Lease Even if Rent is Paid?
Yes. Nonpayment of rent is not the only potential ground for eviction. Depending on the lease and applicable law, significant violations such as unauthorized occupants, prohibited property use, or other breaches of agreement terms may justify eviction. Investors should document the specific violation, review the lease, and confirm that the violation provides lawful grounds for eviction before serving notice.
6. Can Texas Landlords Recover Unpaid Rent and Legal Costs Through an Eviction Case?
Owners may be able to seek unpaid rent, court costs, and reasonable attorney’s fees when permitted by the lease and applicable law. Recovering these amounts is not automatic, however; the landlord must properly request and support the claims. Keep rent ledgers, payment records, invoices, and relevant lease provisions organized, and consult an attorney about which amounts can be recovered in a particular case.
7. How can a Property Manager Help with the Texas Eviction Procedure?
A property manager can help monitor rent payments, document lease violations, maintain organized records, communicate with residents, and coordinate notices and other steps with qualified legal professionals. Professional management can also help owners apply lease policies consistently and identify potential issues before they escalate. Because eviction procedures and legal requirements can change, owners should confirm current state law and seek legal advice when necessary.
Disclaimer: This article is not a substitute for professional legal advice. Texas laws and procedures are always subject to change so this post may not reflect the most recent updates at the time of reading. Landlords should verify current requirements and consult a qualified Texas attorney before beginning an eviction.
This content is provided for general informational and educational purposes only and does not constitute financial, legal, tax, or investment advice. Readers should consult with licensed professionals regarding their specific circumstances.
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