Eviction | Texas Law Help (2024)

FAQs

Can you stop an eviction by paying Texas? ›

You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

All tenants have the right to challenge an eviction in court. Eviction cases start in a Texas Justice of the Peace Court. If your case is not successful there, you have five days to appeal the eviction. At the very least, fighting an eviction in court typically adds at least a month to the process.

The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant.

On the other hand, according to Texas Eviction, a landlord in the lone star state can evict a renter if they pay only partial rent. However, advocates for landlords advise them not to accept partial rent at all because it might weaken their eviction case.

Until a writ of possession is issued, the tenant can remain in their home. Step 1: Written Notice to Vacate. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out.

According to Texas law, rent on the rental unit becomes late if it isn't paid within 2 full days once it's due. When rent is late, you must give the tenant the 3-Day Notice to Quit to kick start the eviction process.

One option for perfecting the appeal of your eviction suit is to file an appeal bond. This form is adaptable for justice courts in all counties in Texas, though it is advisable to consult with an attorney before filing.

Texas law is very specific about how the notice must be given to the tenant and what it must contain. The notice must include: The amount of time the tenant has to move out or fix a certain problem before an eviction suit is filed. This must be at least 3 days unless the lease specifically states otherwise.

A landlord can request an extension of the delay in 60-day increments. Landlords and tenants can also request to enter the eviction diversion program at any time after the trial as long as the writ of possession has not issued.

However, you should be aware that since this is handled at the county level, each county court will have specific procedures and requirements you must adhere to. In short, its relatively easy to evict a tenant in Texas, as long as you closely follow the eviction process.

What's the fastest a landlord can evict you? ›

The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out. Choose any box, below, to learn more about the eviction process and get step-by-step instructions.

When is an Eviction Illegal? There are circ*mstances where an eviction is simply illegal as a matter of law. A landlord cannot evict a tenant based on race, sex, national origin, disability or family status.

Late Fees. Texas law allows landlords to collect "reasonable" late fees if any portion of the rent remains unpaid more than two full days after it was due. In order to collect this late fee, the landlord must have included notice of it in a written lease.

THIS NOTICE IS GIVEN IN THE MANNER REQUESTED FOR SUCH NOTICE UNDER SECTION 24.005 OF THE TEXAS PROPERTY CODE. Dear Tenant: Because of nonpayment of rent due on the premises, apartment, and/or house, your rights of occupancy and possession are hereby terminated.

Though it can pay for up to a year in past rent, Texas Rent Relief only pays for three months future rent. (Texas Rent Relief is limited to 15 months rent assistance total, including both future and past rent.)

No-Show/Default. If you don't appear at the trial, the landlord wins by a default judgment. Six days after the judgment, they can ask the Justice Court for a "Writ of Possession" to remove you. The constable will then post a 24 hours' notice to vacate on your front door.

During the eviction court process, it is the landlord (or his/her agent's) responsibility to prove immediate right to possess the property in question. Generally, the landlord must draft, print out, and bring a proposed order to the trial, which the judge may use, modify, or altogether ignore as they see fit.

Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

An eviction is a lawsuit filed by a landlord to remove tenants and their belongings from the landlord's property. In Texas, an eviction is also called a “forcible entry and detainer,” and a landlord cannot remove a tenant from the property without filing such a case.

The Texas three (3) day notice to quit is a form served upon a tenant who has failed to pay their rent on time. The form may be issued the day after rent is due and gives the tenant three (3) days to either pay all that is due to the lessor or face vacating the property within the seventy-two (72) hour timeframe.

How do you get unpaid rent after eviction in Texas? ›

Collecting unpaid rent after eviction

There are several steps a landlord can take to collect on a judgment, including: Take the tenant to small claims court or file a civil suit. Ask the court to garnish the tenant's wages. Put a lien on the tenant's property.

If a tenant is wrongfully evicted, they may sue the landlord and recover their damages, such as the cost of moving, the cost of the replacement lease, lost wages, etc. This is brought as a separate lawsuit after the eviction.

A Motion to Dismiss is a request to the court to throw out a lawsuit. This Motion says that the eviction should be thrown out because the landlord should not have filed the eviction because of the CARES Act.

Our recommendation is to find an attorney that will represent you for a flat fee. That way, you know exactly how much it will cost. Expect to pay anywhere from $800-2500.

In this case, tenants are not allowed to renew their lease. The landlords have to issue a 30-Day Notice to Vacate. The tenant has no choice but to leave the premises before the end of the notice period. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period.

Yes, if the lease requires payment of late fees and says that tenants may be evicted for violating the terms of the lease. You can also be evicted even if you do pay late fees, but you pay your rent late.

Tennessee: Guests become tenants after paying rent to occupy the property or as specified in the lease. Texas: Guests become tenants after contributing to the rent, bills, or other expenses, after using the property as a mailing address, or as specified in the lease.

you, the plaintiff. The Court Clerk will assist you if you have PROCEDURAL questions. The cost for filing an Eviction Suit is $54.00. for serving an Eviction Suit citation is $75.00.

In Texas, a landlord can evict a tenant for a variety of reasons, including not paying rent on time or violating a portion of the lease or rental agreement. In some cases, a tenant might have cause (legal grounds) to fight the eviction.

The cost of an eviction in Texas for all filing, court, and service fees can vary heavily based on service and execution fees. For cases filed in Justice of the Peace Court, the average cost is $289.

What is the longest an eviction can take? ›

Constable returns possession of property to landlord.

Evicting a tenant in California can take around five to eight weeks, depending on the type of eviction. If tenants request a continuance or jury trial, the process can take longer.

File an official tenant eviction order with your local courts. If they still won't leave, you can take them to court. If they paid for groceries or any bills, they may legally be an "at-will tenant," making it much harder to kick them out legally.

Under the new law, landlords will be required to pay relocation assistance to renters who decide not to renew their lease because their rent is going up more than 10% or by more than the Consumer Price Index plus 5%. The relocation assistance is pegged to three times the fair market rent plus $1,411 in moving costs.

You are hereby notified that you are required to vacate the above noted rental unit by the ________ day of _________________, ______ which is not less than THREE (3) days from the date on which this notice is delivered.

A common question from both landlords and tenants is whether a landlord can lock someone out of the rental for not paying rent. The answer is "yes," but only temporarily and under very specific conditions. They cannot permanently lock the tenant out.

Lying or intimidating a tenant. Giving a “three-day notice” or other eviction notice that is based on false charges. Using fighting words or threatening bodily harm. Refusing to do repairs that are required by law.

To contact the Texas Rent Relief program, please call 1-833-9TX-RENT (1-833-989-7368). The Texas Department of Housing and Community Affairs (TDHCA) created the Texas Rent Relief program to help Texas renters pay rent and utility bills (including past due rent and utilities).

Not paying any part of the last month's rent can make you liable to the landlord for three times the amount of rent you don't pay. If you owe rent and there is no dispute over the amount you owe, the landlord can keep the security deposit for the amount you owe.

No written lease

If there is no lease, a Texas landlord can evict a tenant without providing a reason. Simply give notice to vacate, and follow eviction proceedings if the tenant fails to leave. When there is a verbal agreement but no written lease, whatever terms specified verbally must still be honored.

If there is a written lease, it may say how far in advance a tenant needs to notify the landlord before they can move out of the apartment. Texas law does not say how much notice must be given to a landlord if the lease is not a month-to-month lease.

How do I evict a month-to-month lease in Texas? ›

For a month-to-month tenancy, you must give your tenant a thirty days' notice to vacate the premises. Basically, the notice tells the tenant that they have exactly thirty days to move out. For a fixed-term tenancy, you must wait until the existing lease term comes to an end.

Talk to Your Landlord

You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

By the following year it had gone statewide, with the aim of providing emergency rental assistance to landlords whose tenants have been impacted by the pandemic. The program abruptly closed in November of 2021 because it had run out of money.

One option for perfecting the appeal of your eviction suit is to file an appeal bond. This form is adaptable for justice courts in all counties in Texas, though it is advisable to consult with an attorney before filing.

Eviction cases cannot be expunged in Texas

One of the biggest challenges a renter in Texas faces is that being sued for eviction, even if you win and your case is dismissed, could damage your credit for up to seven years.

If you lose the hearing or there is a default, you can appeal within five days and remain in the property while the appeal is pending. You still must pay rent as set forth below if the eviction is for nonpayment of rent.

Wrongful eviction occurs when a tenant, who was occupying the property, is evicted when their lease was still valid and suffers damage as a result. If a tenant is wrongfully evicted, they may sue the landlord and recover their damages, such as the cost of moving, the cost of the replacement lease, lost wages, etc.

A Motion to Dismiss is a request to the court to throw out a lawsuit. This Motion says that the eviction should be thrown out because the landlord should not have filed the eviction because of the CARES Act.

Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

A record of an eviction is usually enough to flag an application for denial. In Texas, tenants who are evicted—because they cannot pay rent, because they don't show up to court, or because they don't know their rights—have little recourse when it comes to clearing their rental history.