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This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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Eviction can be a lengthy and stressful process for both landlords and tenants but there are times when they are inevitable. In such cases, landlords want to ensure that they carry out the eviction in a legal way that doesn't break state laws.
Texas has specific laws that outline the legal procedure for evictions, including grounds for eviction, notice requirements, and the legal procedures involved. These laws were enacted to protect the rights and responsibilities of both parties. That's why it's crucial for landlords and tenants alike to understand these regulations.
This article provides a comprehensive overview of the eviction process in Texas. Also, we'll be covering all the recent updates to these laws, including extended notice periods and enhanced tenant protections.
Texas eviction laws outline specific legal procedures landlords must follow when evicting a tenant.
To begin the eviction process, the landlord must provide a “Notice to Vacate” to the tenant informing them about the termination of their lease. The eviction notice should also outline the reason for the eviction.
If the tenant fails to vacate the property after this notice period, the landlord may proceed to file an eviction lawsuit in the appropriate justice court. After filing, tenants are served with court papers and have an opportunity to respond.
A hearing is scheduled typically within 7 to 14 days of filing. If the court rules in favor of the landlord, they will issue a judgment for possession. The tenant then has up to 5 days to appeal or request a stay of eviction.
If there is no appeal, a writ of possession is issued, allowing law enforcement to remove the tenant if they have not vacated within 24 hours of being served. Landlords are prohibited from using self-help when evicting a tenant.
Here's an overview of some of the key aspects of Texas eviction laws.
Per eviction laws in Texas, landlords cannot evict a tenant without a valid reason. Here are some of the primary legal grounds for eviction in Texas:
The notice requirements for eviction in Texas are outlined in the Tex. Prop. Code § 24.005 (2024) and can be categorized based on whether it's a result of an infraction from the tenant or not.
Below is an overview of the key eviction notice types, when they apply, and important considerations under Texas eviction laws.
This type of notice usually applies to cases where the tenants fail to pay rent or violate the lease agreement. In such cases, landlords must provide a 3-day notice to vacate before starting an eviction lawsuit.
If the tenant remains in the property after this three-day period, the landlord can proceed with filing an eviction lawsuit in court.
The required notice for evicting a tenant without cause varies based on whether the rental agreement is month-to-month or for a fixed term.
For month-to-month agreements, the notice period depends on how frequently rent is paid:
Landlords cannot terminate fixed-term leases early without cause. Tenants are entitled to occupy the property for the duration specified in their lease, provided they adhere to its terms.
If a landlord wishes not to renew a lease at its expiration, they are generally not required to notify tenants unless stipulated in the lease agreement.
In the event that the tenant remains after their lease expires, they become holdover tenants—who lack lease protection. To evict holdover tenants, landlords must issue another 3-day notice to vacate. If they do not leave within this timeframe, landlords can file an eviction lawsuit.
Here’s a clear breakdown of each step involved:
Below is a detailed outline of the steps involved in the eviction process in Texas.
The first step for landlords is to serve a written eviction notice to the tenant, commonly referred to as a Notice to Vacate. This notice must clearly state the reasons for the eviction and specify how long the tenant has to vacate or remedy the situation.
According to Texas eviction laws, this notice typically allows for at least three days for non-payment of rent or lease violations. However, if the landlord has a federally-backed mortgage or participates in federal programs, this period can extend up to 30 days.
If the tenant does not comply with the eviction notice within the specified timeframe, landlords can proceed to file an eviction lawsuit in the appropriate county court. This must be done within the jurisdiction where the rental property is located.
Once filed, landlords have at least six days to serve the tenant with court papers, which can be done through a sheriff or constable. If service attempts are unsuccessful after two tries, alternative methods such as mailing or posting on the door may be permitted.
After serving the tenant, a court hearing will be scheduled between 10 to 20 days after filing the lawsuit. Both parties will present their evidence and arguments during this hearing.
If the tenant does not respond to the eviction suit, a default judgment may be issued in favor of the landlord. Conversely, if both parties attend, the judge will make a ruling based on the evidence presented.
Following the hearing, if the court rules in favor of the landlord, a judgment for possession will be issued. The landlord can then request a Writ of Possession, which grants them authority to evict the tenant.
This writ cannot be issued more than 60 days after judgment; however, extensions up to 90 days may be granted for good cause. Once issued, tenants typically have 24 hours to vacate before law enforcement can enforce the eviction.
If tenants fail to leave within the allotted time after receiving a Writ of Possession, law enforcement officials such as sheriffs or constables will proceed with removing them from the property. It is crucial for landlords to understand that they cannot take matters into their own hands by forcibly removing tenants; this must be handled by authorized personnel.
Typically, the entire eviction process in Texas takes 2-4 weeks if uncontested. Below is a table that shows the timeline for each step in a Texas eviction.
Getting a successful eviction requires proper planning and preparation. Here are some tips on what to do before and during an eviction process Texas.
As a landlord, you bear the burden of proof in court. Collect essential documents like the lease, rent payment records, communication logs, and prior notices. This preparation is crucial for a successful eviction hearing.
Engage in open dialogue to potentially resolve issues without formal eviction. Document all communications, including emails and texts, as they can serve as evidence in court.
Depending on the eviction grounds, provide the appropriate notice to the tenant. This may include a Pay Rent or Quit, Cure or Quit, or Unconditional Quit notice. Ensure compliance with Texas Property Code timelines.
If the tenant fails to comply, file a forcible detainer suit. The Petition for Eviction must be accurate and filed under oath. Include all supporting documents to strengthen your case.
During the hearing, present your evidence clearly and professionally. Be prepared to answer questions from both the judge and tenant. Witnesses can enhance your credibility.
Tenants have several rights during the eviction process in Texas, including defenses against eviction. Here are key tenant defenses:
Texas evictions don't have to be stressful if you follow the structured legal process to evict tenants.
Landlords can guarantee a successful eviction if they follow all the eviction laws Texas. They are required to provide tenants with a notice to vacate followed by a court hearing if the tenant does not comply. If the landlord prevails, a Writ of Possession is issued, allowing law enforcement to remove the tenant if necessary.
It's also important for landlords to note that tenants also have the right to contest the eviction in court. So, ensure to gather the necessary evidence and documentation to back your case.
Download Free Texas Eviction Notice Template(s)
