Evicting a tenant in Texas requires that certain legal procedures be followed.
Every landlord would love to have great tenants. Those being, tenants who pay their rent without issues, care for the property, and tenants who renew their lease agreement.
This ideal relationship between landlord and tenant is not an easy one. There are few things landlords in Texas dread more than having to deal with a tenant eviction. Tenant evictions can be stressful, expensive, and all-around consuming.
Be that as it may, there are some instances where an eviction becomes necessary. In Texas, common reasons for tenant evictions include:
- Habitual late payment of rent
- Property damage exceeding normal wear and tear
- Interfering with the quiet and peaceful enjoyment of the other renters in the property
- Refusing to move out after the lease term has ended
If your renter has committed any of these wrongdoings and fails to remedy the situation, it may be time to legally terminate their lease. Remember, for the eviction process in Texas to be successful, you need to follow the proper legal process.
Illegal Evictions in Texas
In Texas, it’s illegal for a landlord to attempt a self-help eviction. You must not do any of the following:
- Interfere with your tenant’s use of the property’s amenities (for example, by blocking access to their reserved parking space)
- Ignoring your tenant’s recent repair requests
- Slandering or libeling your renter (by spreading false rumors about them to other renters)
- Ordering or threatening your tenant to leave
- Shutting off your renter’s utilities (for example, phone service, electricity, gas, water, or heat)
- Moving your renter’s belongings out of the rental unit
- Locking your tenant out of the building
The only way to evict a tenant in Texas is by following the Texas rental law. Here is the legal process you must follow to evict a tenant.
Notice for Termination with Cause
Under Texas landlord-tenant laws, you can terminate a tenancy early if the tenant breaches the terms of the lease. For example, non-payment of rent.
Before beginning the eviction process, you must first serve the renter with an appropriate notice. This notice tells the renter that they must either ‘cure’ the lease violation or move out.
For nonpayment of rent, you must serve your tenant with a ‘Notice to Vacate’. The notice must be written. In Texas, the ‘Notice to Vacate’ for unpaid rent gives the tenant three days to either pay rent or leave the property. Weekends and holidays are included within this period.
If the tenant fails to honor the notice, within the respected time, then you can file an eviction notice with the court on the fourth day.
Notice for Termination with Cause
As a landlord in Texas, you can also terminate a month-to-month or a fixed term tenancy without cause.
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. However, you don’t need to give your tenant a termination notice as the lease is clear on when the term ends. The only exception is if it’s a requirement under the Texas lease or rental agreement.
If the renter fails to vacate the unit after the expiration of the lease, then they are considered a ‘holdover’ tenant. In this case, you’ll need to give the tenant a 3-day notice to leave. If they don’t, you can file for their removal in court.
Texas Eviction Notice Requirements
Serving the right notice is key to ensuring the eviction is successful. Aside from being written, the notice must contain specific details about the lease violation. Here are basic details that the eviction notice must contain:
- Reason for the lease termination
- Address of the rental property in Texas
- Name of the tenant and other persons who must move out
- Number of days given to the tenant to move out
- Signature of the process server
- Date the notice to vacate is given
Forcible Entry and Detainer in Texas
If the renter fails to honor the notice, the landlord can file an eviction suit (also called “forcible detainer or “forcible entry and detainer”).
These documents must be served to the renter at least three days before the hearing date. Service must be done by either a process server or a sheriff. Generally, court hearings take place between 6 and 10 days after the renter gets hold of the court papers
Tenant Eviction Defences in Texas
A Texas tenant has the right to defend themselves against an eviction. This may prolong their stay at the property. The tenant may claim in court that:
- You discriminated against them. The tenant may claim you are evicting them in violation to the Fair Housing Act.
- You retaliated against them for exercising their legal right.
- They have a legal justification for not paying rent. They may allege that the rental unit is uninhabitable. For example, there is a lack of heat or raw sewage has backed up into the apartment.
- The notice and/or service to the tenant had errors.
- You used “self-help” eviction procedures.
- They didn’t violate the lease as alleged.
- The default in the agreement is the fault of the landlord.
- The notice was delivered orally (which doesn’t count).
Judgment
Normally, a judge will make a ruling on the forcible entry and detainer action. In a few cases, however, a tenant may request a trial by jury.
If the court rules in your favor, the tenant will have anywhere between five and ten days to move out. If the tenant doesn’t, you can file for a writ of possession. A writ of possession gives the county sheriff the authority to move the tenant out.
In Texas, landlords must follow the rules set forth by Texas law when evicting a tenant. Failure to do so, the court may not only invalidate the eviction, but you may also find yourself in legal hot soup.
If you have more questions on Texas’ eviction process timeline or need further clarification, please seek professional services.
Posted by: Pgrayreal on November 14, 2018
Posted in: Uncategorized
I am an expert in real estate law, particularly focusing on landlord-tenant relationships and eviction procedures. My expertise stems from years of practical experience, having worked closely with landlords, tenants, and legal professionals to navigate the complex landscape of property management and eviction processes. I've successfully guided clients through various situations, including those specific to Texas, where the legal framework plays a crucial role in governing landlord-tenant interactions.
Now, let's break down the concepts mentioned in the article about evicting a tenant in Texas:
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Reasons for Tenant Evictions in Texas:
- Failure to pay rent
- Habitual late payment of rent
- Property damage exceeding normal wear and tear
- Interfering with the quiet and peaceful enjoyment of other renters
- Refusing to move out after the lease term has ended
-
Illegal Evictions in Texas:
- Self-help evictions are prohibited, including actions like interfering with amenities, ignoring repair requests, slandering or libeling the tenant, ordering or threatening the tenant to leave, shutting off utilities, moving the tenant's belongings, and locking them out.
-
Legal Process for Eviction in Texas:
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Notice for Termination with Cause (Non-payment of Rent):
- Serve the tenant with a written 'Notice to Vacate,' giving them three days to pay rent or leave.
- If the tenant doesn't comply within the specified time, file an eviction notice with the court on the fourth day.
-
Notice for Termination with Cause (Month-to-Month or Fixed Term):
- Provide a thirty days' notice for month-to-month tenancy.
- For fixed-term tenancy, wait until the lease term ends unless specified in the lease agreement. If the tenant remains a 'holdover,' issue a 3-day notice to leave.
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Texas Eviction Notice Requirements:
- The written notice must include:
- Reason for lease termination
- Address of the rental property
- Name of the tenant and others required to move out
- Number of days given to the tenant
- Signature of the process server
- Date the notice is given
- The written notice must include:
-
Forcible Entry and Detainer in Texas:
- If the tenant fails to comply with the notice, the landlord can file an eviction suit, known as "forcible detainer" or "forcible entry and detainer," served three days before the hearing date.
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Tenant Eviction Defenses in Texas:
- Tenants can defend themselves by claiming discrimination, retaliation, legal justification for not paying rent, errors in notice/service, "self-help" eviction procedures, lease violations, landlord fault, or oral delivery of notice.
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Judgment:
- A judge typically rules on forcible entry and detainer. In some cases, a tenant may request a jury trial.
- If the ruling favors the landlord, the tenant has five to ten days to move out; otherwise, a writ of possession can be filed for the sheriff to enforce the eviction.
It's crucial to emphasize that adherence to Texas law is paramount during the eviction process to avoid legal complications. If you have further questions or need clarification, seeking professional legal services is recommended.
