Eviction Process in Texas
No matter how much you try to avoid evicting a tenant, sometimes it is necessary. When this occurs, it's best to have a working knowledge about the eviction laws. This will ensure you can handle the procedure properly. In Texas, eviction is relatively simple. A 3-day notice is sufficient to have a tenant vacate the premises. If this notice expires and the tenant has not vacated, you can file a forcible entry and detainer suit. The length of this process will depend on the tenant's tenacity to fight their eviction case.Eviction Notice Texas - Lease Termination with Legal Cause
You can evict a tenant for various reasons, including:- If they threaten other tenants or display unsafe behavior.
- If they fail to pay the rent.
- Should they violate the lease agreement in any way.
- When they engage in illegal activity in your rental property.
- A 30-day notice to quit. This must be given to the "at-will" tenant when the lease is month-to-month.
- If your tenant has a fixed-term lease then you can wait until the term ends. You do not have to provide notice before the lease ends. This is because it's understood that the tenant will move out if they do not decide to renew their fixed-term lease.
NOTICE TO VACATE - TEXAS
In Texas, you must first give your tenant a 3-day Notice to Vacate prior to filing an eviction lawsuit. It remains your prerogative whether or not to give a tenant an opportunity to pay their rent or fix a leasing violation within the prescribed 3-day period. If you don't want to give that option to the tenant, you have the right not to.Tenant Eviction Defenses in Texas
The defense is a reason presented by the tenant as to why you (the petitioner) shouldn't win the case. A tenant may claim:
- You have not conducted essential property repairs to the unit, impacting the tenant's living comforts.
- You act out of retaliation since the tenant exercised their rights or filed a complaint to the appropriate government office.
- You are discriminating against the tenant according to their religion, national origin, disability, race, color, gender, and/or familial status.
- Your rental property has become uninhabitable and unsafe for the tenant.
- You engage in self-help eviction by switching off utilities, changing the locks, or taking down doors, windows, or walls from the property to force the tenant to move out.
Attending Court Hearing
Typically, you or an agent acting on your behalf file the eviction lawsuit at the justice of the peace court. The court will set a hearing date and then both you and the tenant receive notification of the date of the eviction trial. If the tenant fails to answer the eviction papers or fails to present themself in court, the court will hand a default judgment against the tenant. In case a tenant prefers a jury trial, he has to file and go to the justice court. This must be done within five (5) days after being handed the eviction papers. Keep in mind that a tenant can counter an eviction lawsuit with an appeal to the county courts-at-law. During the court hearing, you must be fully prepared with evidence of your cause for eviction. Simply filing an eviction case does not automatically guarantee that you'll win the lawsuit. He must provide ample proof and supporting documents to the court. He has to present reasons and evidence to convince the court that it's rightful for him to possess back his premises.
