Evicting tenants is often time-consuming and can result in the breakdown of a tenant-landlord relationship. It involves reviewing state laws and ensuring that both parties are acting in accordance with them.
This article will explain the proper procedure of an eviction process in Texas.
Eviction in Texas
An eviction takes place when a landlord regains control of their property from a tenant who had been given permission to occupy the property.
When an eviction occurs, the tenant’s term of occupation has ended, or the tenant has forfeited their right to remain on the premises. In some cases, an eviction could also take place in the act of removing squatters from the property.
The Need for an Eviction
As a landlord, it’s imperative to face the eviction head-on and carry it out fully. You don’t want to suffer any more losses on your rental business.
You also want to send a message to your other tenants that you will enforce the lease agreement if need be.
Length of Time for Tenant Eviction in Texas
A landlord must begin by providing their tenant with a 3-Day Notice to vacate. If the eviction is with a tenant who rents month-to-month, without due cause, the landlord must provide a 30-Day Notice to vacate. After the length of time that the notices are up, the landlord can begin the eviction process.
The next step for a landlord to take is filing a Forcible Entry and Detainer Suit. Depending on whether the tenant will counter the lawsuit or not, this will impact the length of the eviction process.
Reasons for Eviction
Under the Texas eviction laws, there are specific reasons that a landlord can file an eviction. Among them are:
- Failing to pay rent.
- Violating the terms/conditions of the lease agreement.
- Conducting illegal activity in/on your rental property.
- Threatening or displaying unsafe behavior towards other tenants.
Eviction for Failure to Pay Rent
In Texas, a landlord must provide a written 3-day Notice to vacate to a tenant who’s failed or is unable to pay their rent.
If after 3 days, the tenant still fails to pay the outstanding amount, the landlord can go to court and file the Forcible Entry and Detainer Suit.
Eviction of a Tenant for Violation of the Lease
In Texas, a landlord can provide a written 3-day Notice to vacate to a tenant who violated the lease agreement. This refers to breaking the rules and policies outlined and signed upon by both parties in the agreement.
The following are common violations of lease agreements:
- Late in rental payment or unable to pay.
- Tenant smoked in non-smoking areas.
- Tenant brought a pet when the leasing agreement indicated a No-Pet Policy.
- Exceeding the maximum number of people allowed to reside in the rental property.
- Tenant’s illegal subletting.
- Tenant intentionally damaging the property.
When a tenant has performed any of the aforementioned actions, you are well within your rights to proceed with the eviction process.
Evicting a Tenant for Illegal Behavior
In Texas, a landlord can provide a written 3-day Notice to vacate to a tenant who engages in illegal behavior in or on the property. Illegal activities can constitute the following:
- Abusing drugs, selling drugs, manufacturing, or growing illegal drugs.
- Tenant engages in fraudulent activities.
- Tenant sublets without the landlord’s permission.
- The tenant commits violence and assault.
As a landlord, it’s essential that you pay close attention to your tenants to avoid letting suspicious behavior go unnoticed.
Contact the police if there is clear proof of illegal activities taking place. Then you can move towards evicting the tenant for illegal behavior.
Texas Tenant Rights
In Texas, tenants have legal grounds to fight an eviction. The following are the common grounds:
- The landlord serves an erroneous Eviction Notice. For example, the landlord failed to include the date and time the tenant must vacate the unit.
- The landlord resorted to “self-help” eviction procedures. This includes locking the tenant out, throwing a tenant’s possessions outside the property, or shutting off utilities
- The rental property was uninhabitable and unsafe.
- The landlord is retaliating against the tenant for exercising their legal rights.
- Illegal discrimination on the basis of a tenant’s race, religion, gender, familial status, disability, or national origin. This is covered under the Texas Fair Housing Act
Removal of the Tenant
In Texas, a tenant can be removed from the landlord’s property when a landlord wins the forcible entry and detainer suit. The landlord must refrain from personally removing the tenant after winning the eviction lawsuit.
Only an officer of the law has the legal authority to remove the tenant after a judge has decided the case in favor of the landlord.
When a Tenant Can’t Be Evicted in Texas
In Texas, a landlord cannot seek to evict a tenant for requesting repairs. If a tenant files a complaint and exercised their tenant rights, it’s illegal for a landlord to perform an eviction.
To reiterate, a landlord also cannot evict tenants based on race, religion, gender, disability, and the other protected classes under the Fair Housing Act.
The Bottom Line: Eviction Process in Texas
If you find that you have difficulties starting or at any point during an eviction process in Texas, it’s best to consult a lawyer.
You can also get in touch with a property manager, like Bigham & Associates. A company like such is highly skilled and well versed in handling the eviction process.