Key Takeaways
- Texas eviction laws require strict legal compliance – Landlords must follow the official eviction process and avoid illegal methods like utility shut-offs or lockouts to prevent lawsuits and penalties.
- Proper eviction notices are essential – Depending on the situation, landlords must use specific notices, including a 3-Day Notice to Pay Rent or Quit, 3-Day Notice for Lease Violations, or 1-Month Notice for tenants without a lease.
- Court involvement is mandatory for removal – If a tenant doesn’t comply with the notice, landlords must file an eviction lawsuit, attend a court hearing, and receive a Writ of Possession before law enforcement can legally remove the tenant.
In Texas, landlords can evict residents for certain allowable reasons. These include failing to pay rent, not moving out after the lease has expired, and violating the lease agreement.
Regardless of the reason, though, you must ensure that you use the proper procedure to evict your tenant. The penalty for using illegal eviction methods can be quite harsh. Not to mention the damage your reputation can suffer in the process.
Texas evictions usually take between one and three months to complete. But just like any typical legal matter, the process can take much longer. This is especially true if the resident appeals the court’s decision, or requests a continuance or jury trial.
In this blog by Keyrenter DFW Midcities, you’ll learn what the eviction process in Texas entails. From the notice requirements and legal defenses, to the hearing and court order authorizing the resident’s removal, along with everything in between.
The Eviction Process in Texas
When evicting a resident from their rented premises, you must follow the statewide eviction law. You must not try to carry out any DIY eviction procedures such as shutting off their utilities, removing their personal belongings, or locking them out. These are illegal eviction means and can get you in serious legal trouble.
So, what process should landlords follow when removing difficult residents from their rental properties? Here’s the step-by-step process you need to follow to ensure you comply with Texas landlord-tenant law.
Have a Legal Ground for the Eviction
You cannot evict a resident just because you don’t like them. You must have legally justified reasons to do so. In Texas, legal grounds for resident eviction include failure by the resident to pay rent on time, failure to move out after the lease has expired, and violation of any of the lease terms.
Once you have established your reason for processing an eviction, you can go ahead and terminate the lease by serving the resident with an appropriate eviction notice. The eviction notice must be appropriate for the violation committed.
Terminate the Rental Agreement
In Texas, landlords can use the following eviction notices to terminate a rental agreement.
3 days’ Notice for Nonpayment of Rent
This notice will give the resident up to three days to either pay the rent due or move out. However, please note that there is a mandatory 2-day grace period in Texas. As such, if rent is due on the 1st of every month, then it may only become late on the 3rd day. The only exception is if the lease states otherwise.
2. 1 month’s Notice for Residents with No Lease
A resident without a lease is referred to as a “tenant at will.” Before you can evict such residents, you must serve them a month’s notice in advance. You may also use the same notice to remove residents whose leases have expired and haven’t moved out.
3. 3 days’ Notice for Lease Violations
Unlike some other states, Texas landlords don’t have to allow residents to fix a violation. After the three days, you can move to court and file a lawsuit for their eviction. Examples of lease violations include: illegal activity, unauthorized property alterations, and uncleanliness in the unit.
Serve the Eviction Notice
It’s the landlord’s responsibility to serve an eviction notice to a resident. In Texas, it must be in writing and delivered using specific methods.
You may deliver it to the resident in person or leave it with another occupant who can accept it on the resident’s behalf. The occupant must be at least 16 years old.
If you are unable to reach them at home, you may hand-affix the notice on the inside of the property’s main entry door or use mailing services to deliver it to the resident’s address.
Wait for the Resident to Respond
In Texas, residents can file a written answer after receiving a copy of the complaint within 14 days. In the answer, the resident can give certain legal defenses to stop their removal.
The tenant may appeal the eviction if you used an improper delivery method when serving them with an eviction notice or if you are using an illegal eviction method. For instance, you locked out the resident or shut down their utilities to force them to move out.
They may also appeal the eviction if the resident didn’t commit the violation you’re alleging or if the eviction is discriminatory. They can argue that the eviction is discriminatory if it is based on a fair-housing protected characteristic, such as race or religion.
Attend a Court Hearing
These usually occur between 10 and 21 days after a landlord has filed a complaint with an appropriate court. If the ruling is in your favor, whether through a default hearing or after the hearing, the court will issue you a Writ of Possession.
In Texas, a writ of possession grants a resident a notice of at least 24 hours before forcible eviction by a sheriff.
Bottom Line
Evictions can be stressful, time-consuming, and even a costly undertaking. As such, tenant retention is key, and eviction should only consider the option as a last resort. And when you do, make sure to strictly follow the proper procedure as outlined in this guide.
For expert help in any aspect of landlording, look no further than Keyrenter DFW Midcities. We can help you maximize returns and minimize stress thanks to our top-notch property management services in Irving, TX. Get in touch to learn more!
Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.