An eviction is a legal process of legally removing a tenant from the property and which landlords regain possession of the rental property. Each state has its own specific rules for evicting a tenant, so it’s important to be knowledgeable on your state or local laws to clear up any confusion when the time comes that you need to evict a tenant. Understanding the eviction process is crucial and part of any rental business. You can hire a property manager to help you handle any eviction situation, but it’s still advantageous to know the basics of the eviction process in Houston first-hand to avoid the eviction mistakes below.
Eviction can have long-term consequences to both landlord and tenant. Eviction mistakes can cost you time, money, or both, especially when it goes to court. Below are some common eviction mistakes made by landlords that you should be aware of.
Eviction Mistakes: What Not to Do When Evicting a Tenant
1. Not Knowing Your State’s Landlord-Tenant Laws
It’s crucial to have a basic understanding of your State Landlord / Tenant Laws. The eviction process in Texas can take 4-10 weeks or more depending on the type of eviction and if the tenant requested continuance. Let’s briefly discuss that here…
- Notice to vacate (3 – 30 days)
- Filing of Eviction Suit (6 days prior to the hearing)
- Court Hearing and Ruling (10 – 21 days)
- Appeal (at least 8 days)
- Issuance of Writ of Possession – 6 days after judgment is issued
2. Self-Help Eviction
If you attempt to evict a tenant yourself, the tenant can actually pursue legal action against you even if the tenant isn’t paying the rent. Self-help eviction is illegal, as well as attempts to intimidate, coerce, and intentionally make the living conditions of the tenant miserable. Eviction should follow a process and by all means, go through legal means.
3. Failure to Give Proper Notice
Before starting the eviction proceeding, a landlord should present to the tenant a Notice to Vacate. This Notice states the reasons for the eviction and that you will start to initiate the eviction proceedings. The Texas law specifies the content of the notice and how it should be given, so make sure to read Section 24.005 of the Texas Property Code.
4. Not Having Evidence
From the very beginning, landlords must keep all documents – signed lease agreement, notice to vacate, payment receipts (e.g. bank statements), demands of payment, all correspondence between you and the tenant, pictures of damages, and any other evidence that will support your eviction. You need these documents during the actual court proceedings to support your claim.
Evictions are always stressful, and sometimes confrontational to the less experienced landlord. Knowing these mistakes and having a basic understanding of the eviction process are the best ways to avoid a costly eviction process.
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