No matter how good the tenant screening process is, there may come a time when a landlord will need to evict a tenant from their Texas premises. And when that time comes, a landlord will want to be familiar with the Texas eviction process.
In this article, we will go over the proper tenant eviction process in Texas, as you must follow eviction laws at all times as a landlord. From start to finish, the landlord should expect the eviction process to take them anywhere between a month and three months. Keep reading for a comprehensive overview of Texas tenant eviction laws.
Proper Notice for Lease Termination with Legal Cause
According to Texas landlord-tenant law, a landlord can evict tenants for a variety of reasons. These reasons include if a tenant violates the written lease or rental agreement, refuses to pay rent, or fails to move out after the rental or lease agreement expires. The notice that a landlord chooses to use depends on the reason for lease termination.
3-Day Notice to Vacate or Quit
Under Texas law, if a tenant pays rent inconsistently or fails to pay it all together, the landlord can begin the Texas eviction suit. Landlords should start by serving them with a notice to vacate or quit. But, when doing so, check their current lease or rental agreement and see if federal protections are in place as these can impact the notice period.
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The notice can usually give the tenant between 3 – 30 calendar days to pay all due rent or move out depending on the type of rental agreement they have and whether or not federal protections are in place. If the tenant pays rent, great! However, if tenants were to resist not paying rent, a landlord filed a complaint in court.
The landlord can also use this notice to vacate if there is a lease violation by a tenant who breaks the terms specified in their lease agreement. For example, abiding by the pet policy, not subletting the premises illegally, or not disturbing the peace of other tenants.
The notice to vacate gives the tenant three calendar days to leave the premises. Unlike in some other states, a notice to vacate in Texas the tenant doesn’t get the option to cure the violation.
1-Month Notice to Quit
This notice specifically applies to tenants who either have no lease agreement or are living on a month-to-month tenancy. Serving the notice will mean the tenant has exactly one month to move out. If they don’t move out by the end of that month, the landlord files a complaint with the small claims court for the eviction suit.
Serving a Tenant with a Texas Eviction Notice
As per Texas law, a landlord must serve the notice for eviction to the tenant properly. If landlords don’t, they run the risk of delaying the eviction process should the tenant use that as a defense in the eviction suit against their eviction. The following are the methods landlords must use when serving the tenant with a written notice:
- Delivering the eviction notice in person or leaving it with someone who is at least 16 years old.
- Placing the written notice in a conspicuous area on the property, such as on the inside of the main door.
- Serving the eviction notice by registered, regular, or certified mail. Make sure to request tenants to return the receipt.
Tenant Defenses for Eviction in Texas
If the tenant doesn’t move out at the end of the notice period, a landlord can move to the Justice Court and file a complaint in the eviction suir. This should cost a landlord a minimum of $146. In the petition, landlords must make sure they include important information, such as:
- Landlord and the tenant’s name and contact info.
- The rental unit’s address.
- The reason for the eviction.
- Whether the landlord is filing a bond for possession or not.
- Whether the landlord is including a suit for rent
- Whether the landlord is requesting a jury trial.
Next, the court will serve the tenant with a copy of the summons and complaint. Once this is done, the tenant will have the option to respond to the petition. The response doesn’t have to have a written answer.
Under Texas law, a tenant may contest their eviction with the court by filing or stating any of the following defenses:
- The eviction process was illegal. Illegal eviction tactics include removing the tenant’s belongings from the unit, shutting down their utilities, or locking them out.
- The eviction suit was discriminatory against tenants.
- A landlord retaliated against them for exercising a legal right, such as reporting them to health officials for violating a health code.
- The tenant cured the violation (if applicable) but the landlord continued the eviction lawsuit anyway.
- The tenant failed to pay rent within the timelines of the eviction notice.
- The notice contained substantial errors.
- The reason for the eviction lawsuit was false or exaggerated.
Attending the County Court Hearing
To prepare for the eviction hearing, make sure to carry as much supporting documentation as possible. Important documents for supporting the eviction lawsuit include the following:
- A copy of the rental lease agreement.
- A copy of the eviction notice.
- A copy of the summons and complaint for the eviction suit.
- Any additional evidence, such as billing statements, relevant fillings or photos of any damage.
If the tenant doesn’t show up for the court hearing, a default judgment will most likely be issued for the eviction suit. Once the plaintiff has paid and filed for the Writ of Possession, the court will then subsequently issue one, giving possession of the property back to the landlord following the eviction hearing.
Note that there is a chance of an eviction appeal in court on the part of the tenant which can take more time, energy, and money. If a court appeal happens, you’ll need an attorney who is well-versed in Texas property code to represent you. Having a qualified property management company by their side can help a landlord avoid giving tenants grounds for an appeal in the first place.
Writ of Possession
The Writ of Possession gives the tenant the final opportunity to leave on their own. Failure to do so will mean the start of the physical eviction from the rental unit. The court places the mandate of removing a tenant forcefully on only the sheriff.
Filing a Writ of Possession in Texas will cost the landlord anywhere between $150 and $250. Expect the Justice Court to grant the writ of possession at least six days after a successful ruling.
The Eviction
Under Texas law, if the tenant doesn’t leave even after being issued with a copy of the Writ of Possession, the sheriff or constable will have no other option but to forcefully eject the tenant and remove the tenant’s property from the rental unit.
Bottom Line
As a landlord, you should understand how to evict a tenant according to Texas laws. Understanding the eviction process is the only route to a successful tenant eviction process under Texas law. It’d be against the law to try to evict the tenant in any other way. Such as, by changing their locks, shutting off utilities, removing their belongings, or as a response to them exercising a legally protected right.
If you have any more questions or simply need help managing your property, Real Property Management Talent is your answer. We do more than manage rental properties in Bell County and Central Texas; we deliver peace of mind for landlords!
With over 30 years of experience supporting landlords, you can expect quality property management services. From marketing your Texas property to screening tenants, collecting security deposits, and everything in between. Get in touch with one of our property managers to learn more!
Disclaimer: This blog should not be used as a substitute for seeking legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.
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