Before we talk about the renter’s eviction process in Texas, let’s briefly discuss what an eviction is. Unlike in termination, which is ending the rental or lease agreement and asking the tenant to vacate the property, an eviction is a civil process of legally removing a tenant from the property.
Eviction is part of any rental business. As the owner, it might sound scary and confusing, but it’s better to take your personal feelings aside in order to push the eviction successfully. This type of mindset along with your knowledge on your state or local laws will clear up any confusion you have about the eviction process in Texas. Understanding eviction laws is also important when writing lease agreements, or you can hire a lawyer to do so. By doing this, you will not only handle the situation efficiently, but you can proceed without any trouble from the law.
Valid Reasons for Eviction by Texas Law
There are many reasons to evict a tenant, but not all are valid and allowed by Texas law. Here are some of the valid reasons to legally evict a tenant in Houston and other cities in Texas:
1. Nonpayment of Rent after giving Notice
An eviction notice or ‘Notice to Vacate’ is given to a tenant who failed to the pay rent the day after the rent is due. Depending on the lease agreement, the tenant is required by law to pay the rent and it must be fulfilled regardless of when the due date falls on weekend or holiday. If the tenant doesn’t respond, you can serve the notice and the tenant has three days to respond or they must leave the property.
2. Lease Agreement Violations
If a tenant breached any terms of the lease agreement, you can now legally file for an eviction. Most commonly breached lease terms are the following:
- Repeated neighborhood complaints about excessive noise.
- Having unapproved occupants.
- Subletting a rented property without any consent.
- Having pets if the lease prohibits, or not paying pet deposit if the lease allows.
3. Fixing Property damage for Health or Safety Violations
You may get your tenant to move out of your property to deal with damage caused by the tenant or fix any violations of health or safety laws. Sometimes the damage can’t be repaired while your tenant resides in the rental and so this can be another legal reason for evicting a tenant.
4. Illegal activity on the rented property
Tenants who use their property for illegal reasons like operating an illegal business, or using a residential unit for any commercial purpose are at risk for eviction. Under Texas law, you can even terminate the lease immediately for some specific reasons.
The Eviction Process in Texas
The eviction process can take 4-10 weeks or more in Texas depending on the type of eviction and if the tenant requested for continuance. Now, let’s briefly discuss the steps of renter’s eviction process in Texas.
- Notice to Vacate (3 – 30 days)
The eviction proceeding must start with the landlord giving the tenant a proper notice in writing called ‘notice to vacate’. 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. - Filing of Eviction Suit (6 days prior to the hearing)
The property owner can file an eviction suit where the property is located. Once the time stated in the notice has passed, the sheriff or constable will serve the complaint at least 6 days prior to the eviction hearing. If these methods failed, the judge will allow the complaint to be sent via first class mail. Another copy is also left in the mail chute, slipped under the front door, or posted on the door of the property. - Court Hearing and Ruling (10 – 21 days)
The hearing will be held 10-15 days after the suit is filed. Tenants can file a written answer if they disagree with the claims in the suit. Tenants who fail to appear in the hearing might risk a default judgment in favor of the property owner or landlord. - Appeal (at least 8 days)
A writ of possession will be issued, which is Step 5 of the eviction process and the eviction process will proceed if the tenant doesn’t appeal. But if the tenant files a written answer to the lawsuit, which can halt the eviction for at least 8 days, it must be done within 5 days or the judicial officer will issue the final judgment. - Issuance of Writ of Possession – 6 days after judgment is issued
The writ of possession is the tenant’s final notice to vacate the rental unit. This legal document is issued no earlier than 6 days if the court has ruled in the property owner’s favor. To better understand the procedure for executing a writ procedure, you can consult Section 24.0061 of the Texas Property Code.
Timelines may vary depending on the specific circumstances of a property owner’s situation. This is just a brief overview of the eviction process to provide property owners and renters a background as to how evictions can proceed in Texas. The eviction process can be hard to deal with even when you understand the process, so it’s best to hire an eviction attorney to protect your landlord rights or take more time to screen tenants so you don’t have to deal with the eviction later.
In the event that you have a property manager working with you, it will help you manage your property from the day to day operations and also ensure that all the legal requirements are being addressed in the event that an eviction is immanent in Houston, Texas.
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