A Guide to the Eviction Process in Texas

A Guide to the Eviction Process in Texas

Sometimes evicting a tenant may be the only option left for a landlord. The tenant may have stopped paying rent, violated a term of the lease agreement, or even engaged in illegal activity.

In such cases, Texas law gives you the right to evict them. You must, however, follow the proper process for the eviction to be successful. You cannot, for instance, try to evict the tenant on your own by doing any of the following things:

  • Shutting down previously available utilities
  • Changing the locks.
  • Removing a tenant’s belongings.
  • Removing a door or window.

Such actions are illegal as per the Texas Landlord-Tenant Law. If found liable, you could be required to pay the tenant an amount equivalent to one month’s rent, as well as be held liable for court costs and civil penalties.

The only way to evict a tenant is through a court order, which you must obtain through a proper eviction process.

The Eviction Process in Texas

All evictions in Texas follow the exact same process. The following is a basic overview of the process:

  • Serving the tenant with an eviction notice.
  • Filing a complaint with the court if the tenant doesn’t honor the eviction notice.
  • Serving the tenant with a copy of the summons and complaint after successfully filing a complaint.
  • Attending the court hearing and awaiting the judgment.
  • Removal of the tenant if the judgment is in your favor.

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The entire process generally takes anywhere between one and three months. It may also take longer if the tenant chooses to contest their eviction.

Notice for Lease Termination With Legal Cause

In Texas, you can evict a tenant for a number of reasons, including failure to pay rent on time, lack of a lease, breach of the lease, or failure to move out after the lease expires.

The type of eviction notice used depends on the reason for breaking the lease. The following are the various types of eviction notices in Texas:

  • 3-Day Notice to Quit: You must use this notice when evicting a tenant for failure to pay rent on time. The notice will give the tenant 3 days to leave the premises. In Texas, you don’t have to give the tenant an opportunity to remedy the violation.
  • 1-Month Notice to Quit: You must use this notice when terminating the lease of a tenant with no lease. The notice will give the tenant one month to leave.
  • 3-Day Notice to Quit: This applies to tenants who violate a term of the lease agreement. The notice will give the tenant 3 days to vacate the premises.

Serving a Tenant With an Eviction Notice

As a landlord, it’s your responsibility to serve the tenant with an eviction notice. You must deliver the notice in any of the following ways:

  • Deliver a copy of the notice to the tenant in person.
  • Leave a copy of the notice with someone who is at least 16 years old.

Prime-Realty-Property-Management-serving-eviction-notice

  • Place a copy in a conspicuous area on the property, such as on the inside of the main door.
  • Serve the notice through regular, certified, or registered mail. Make sure to request a return receipt.

Tenant Eviction Defenses in Texas

If the tenant chooses not to honor the eviction notice, you can choose to escalate the matter further by filing a petition. Expect the process to cost you anywhere between $46 and $100 in fees.

The court will then file a citation which will need to be delivered to the tenant at least 6 days prior to the eviction hearing.

Once this is done, the tenant may choose to respond. In their response, the tenant may allege any of the following in order to delay or stop their eviction:

  • The eviction notice had substantial errors.
  • The reason for the eviction was exaggerated.
  • The eviction was on the basis of the tenant’s race, color, religion, sex, or any other protected class under the Fair Housing Act
  • The eviction was illegal due to the use of “self-help” eviction methods.
  • The tenant paid rent on time (in the case of nonpayment of rent).
  • The landlord accepted a rent payment after the lease expired.
  • The eviction was in retaliation to the tenant exercising their right.

Attending the Court Hearing

If the tenant files a petition with the court, the hearing will be held between 10 and 21 days after the filing. Either party has a right to request a jury trial. This will, however, delay the process and give the tenant more time to stay at their rented property.

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To prepare yourself for the hearing, make sure to have the following documents:

  • A copy of the lease agreement.
  • A copy of the eviction notice.
  • A copy of the complaint.
  • Any other supporting document, such as photos of any damage.

If the tenant chooses not to attend the hearing, the judicial officer will most likely issue a default judgment. If the tenant chooses to attend, the judicial officer will allow both parties to present their case.

If the ruling is in your favor, the court will issue you with a Writ of Possession. But even then, the tenant may still be able to appeal the ruling. If they choose to do so, they must file the appeal within 5 days of the ruling.

Writ of Possession

The Writ of Possession gives a tenant a final opportunity to leave on their own. It allows a tenant a maximum of 24 hours to pack up and leave. If not, the writ mandates the sheriff or constable to forcefully evict the tenant from the property. 

Conclusion

Do you have more questions regarding the eviction process in Texas? If so, Prime Realty Property Management can help!

We’re a full-service property management company that has been operating in Pasadena and the surrounding areas for more than a decade. 

We can help you reduce stress and maximize the return on your investment. Get in touch with us TODAY to learn more about our services!

Disclaimer: This blog should not be used as a substitute for 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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  1. It’s interesting to know that you will be filing a petition if a tenant is not honoring the eviction notice that you have given them. It seems that there are different levels of these processes to follow which is why it is probably for that to have the guidance of eviction services. In my opinion, it can protect the landlord and even the tenant so that every aspect of the process will actually be done fairly and with due process.

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