Tenant Defenses to Evictions in Texas (2024)

FAQs

How do you beat an eviction in Texas? ›

Make an Appeal Against Eviction

In TX, there is a mandatory five-day appeal period after the hearing. You can appeal to the court to rehear your side of the story during this time. If you lose at the hearing and want to appeal, an attorney can help you win the next round if you have a case.

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.

A landlord cannot evict a tenant based on race, sex, national origin, disability or family status. Nor can a landlord use wrongful eviction to retaliate against a tenant who files maintenance requests or complaints about the condition of the property.

A tenant winning an eviction lawsuit means that they have the right to continue staying at your property, and you have no right to evict them.

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.

The Judge will typically give you 5-10 days to move out. Failure to move out will result in a Writ of Possession being issued. If this occurs, the Constable will serve you with a 24-hour notice to vacate.

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.

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.

How long does it take to evict someone in Texas? From start to finish approximately four weeks • 3 days from notice to vacate to filing of suit • 8-10 days to serve the citation -The court date is set between 10-21 days. 5 days to appeal the suit following the hearing required by law.

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.

What is an example of landlord retaliation in Texas? ›

Depriving the tenant of use of the premises; Decreasing services to the tenant; Raising the rent or ending the lease; or. "[E]ngaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease."

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.

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.

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.

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.

If the tenant does not move out of the rental unit at the end of the three days, then the landlord can file an eviction lawsuit (also known as a forcible detainer suit) with the court. (Tex. Prop. Code § 24.005 (2021).)

Most states give tenants between three and ten days; Washington DC and New Jersey specify 30. In Texas, the rules are stacked against the tenant. Unless the lease or rental agreement specifies otherwise, when the rent is unpaid, landlords must give tenants three days to quit.

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.

Breaking a Lease

If the lease you signed had a specified move-in time and the landlord failed to have the apartment ready by that time, the landlord has breached the lease agreement and you can demand the landlord give back any money you may have paid.

How much does it cost in Texas to evict someone? ›

Eviction Filing Fee is $204 ($54 court cost and $150 service fee per person). Payment options of cash, cashier's check, or money order. Please make payable to the Justice of the Peace 3 ( JP 3).

Squatting Laws in Texas - An Overview. A squatter is someone who lives on a property to which they have no title, no rights, and/or no lease. But despite this fact, squatters have protections under federal and state laws. Under the Texas squatters' rights, a squatter can legally own property through adverse means.

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.

In short - yes. Every resident of the United States has the right to file a civil lawsuit against another they believe caused them harm. Still, the right to file a suit does not mean the court will agree and award damages.

Go to court: Sue your landlord to make the repairs and for damages. A court can order your landlord to make repairs, reduce your rent from the date you asked for repairs, and award you damages caused by failure to repair, damages of one month's rent plus $500, court costs, and attorney's fees.

According to Texas Property Code 92.331, a landlord may not retaliate against you for any of the following actions: Doing anything that is allowed by your lease or by law. Asking that your landlord repair or fix something. Filing a complaint with a government agency.

The Texas Workforce Commission ("TWC") is the entity responsible for enforcing the Fair Housing Act in the State of Texas. You have one year after an alleged violation to file a complaint, but you should file it as soon as possible. The following information will be requested: Your name and address.

You can submit a complaint online, or you can call their office at (512) 463-2642 or toll-free (Texas only) at (888) 452-4778.

See Section 24.0053, Texas Property Code. The officer may not require the landlord to store the property. A writ of possession cannot be issued more than 60 days after a judgment for possession is signed, and a writ of possession cannot be executed after the 90th day after a judgment for possession is signed.

How much does an eviction lawsuit cost in Texas? ›

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.

Although evictions won't show up on your credit reports, future landlords will be able to see your rental history. Any past evictions can make it significantly harder for you to get approved for a lease in the future.

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.

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.

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.)

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.

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.