Texas Eviction Process: Step-by-Step Guide for Landlords and Tenants

Navigating the eviction process in Texas requires a clear understanding of state-specific laws and procedures. For landlords, adherence to the Texas Property Code is essential to ensure legal compliance and avoid potential disputes.

Tenants, on the other hand, should be well-informed about their rights to safeguard against unlawful eviction practices. This guide provides a comprehensive overview of the Texas eviction process, detailing each step to help both parties navigate the complexities involved.

Initiating the Eviction Process in Texas

In Texas, the eviction process begins with the landlord legally terminating the tenancy. This requires providing the tenant with a written Notice to Vacate, clearly stating the reason for eviction and the date by which the tenant must vacate the property. The notice period varies depending on the grounds for eviction and the terms outlined in the lease agreement.

Key Steps:

• Notice to Vacate: The landlord must deliver a written notice to the tenant, specifying the cause for eviction and the deadline for vacating. The standard notice period is three days, unless the lease specifies a different duration. According to Texas Property Code §24.005, the notice period for non-payment of rent is typically three days unless the lease agreement specifies a shorter or longer period. This distinction is crucial for both landlords and tenants to understand their obligations accurately.
• Delivery Methods: The notice can be delivered personally to the tenant or any occupant aged 16 or older, sent via mail, or posted on the inside of the main entry door. Proper delivery ensures the tenant is adequately informed.
• Compliance Period: The tenant is expected to comply with the notice within the specified timeframe. Failure to do so allows the landlord to proceed with filing an eviction lawsuit.

It's crucial for landlords to adhere strictly to these procedures to ensure the eviction process is legally compliant and to avoid potential disputes or delays.

Types of Eviction Notices

In Texas, landlords must provide tenants with specific eviction notices tailored to the reason for termination. Each notice type serves a distinct purpose and adheres to state regulations.

Notice to Vacate

This is the most common eviction notice in Texas, used when a tenant fails to pay rent or violates lease terms. The landlord must provide a written notice giving the tenant three days to vacate the premises. This notice can be delivered in person, by certified mail, or posted on the main entry door.

Notice to Comply or Quit

Issued when a tenant violates specific lease terms (e.g., unauthorized pets or property damage), this notice gives the tenant an opportunity to rectify the violation within a specified timeframe. If the tenant fails to comply, they must vacate the property.

Unconditional Quit Notice

Reserved for severe lease violations or illegal activities, this notice requires the tenant to vacate the property immediately without the option to remedy the situation. It's typically used in cases involving significant property damage or criminal behavior.

Understanding and utilizing the appropriate eviction notice is crucial for landlords to ensure compliance with Texas eviction laws and to uphold the legal rights of all parties involved.

The Eviction Lawsuit Process

If a tenant does not comply with a Notice to Vacate, Texas landlords may initiate a legal procedure known as a "forcible entry and detainer" suit to regain possession of the property.

Filing the Lawsuit:

• Jurisdiction: Eviction suits are filed in the Justice Court (also known as Justice of the Peace Court) located in the precinct where the rental property is situated.
• Required Documentation: Landlords should prepare the following documents:
  • A completed eviction petition form.
  • Proof of the Notice to Vacate and its delivery to the tenant.
  • A copy of the lease agreement, if one exists.
• Filing Fees: Fees vary by county but generally include costs for filing the suit and serving the tenant with court papers. It's advisable to check with the local Justice Court for the exact amounts.

Serving the Tenant:

• Service of Citation: After filing, the court issues a citation, which must be served to the tenant to notify them of the lawsuit and the scheduled hearing date. Service is typically performed by a constable, sheriff, or authorized process server.
• Methods of Service: The citation can be delivered in person to the tenant or to a person over the age of 16 residing at the premises. If personal service is unsuccessful after two attempts, the court may permit alternative methods, such as posting the citation on the inside of the main entry door or mailing it.

Tenant's Response:

• Answer Period: Tenants are not required to file a written answer but should appear at the scheduled hearing to present any defenses or counterclaims. Failure to appear can result in a default judgment in favor of the landlord.

Hearing and Judgment:

• Scheduling: The court sets a hearing date between 10 to 21 days after the petition is filed.
• Proceedings: Both landlord and tenant have the opportunity to present evidence and testimony. The judge will consider the facts and render a decision regarding possession of the property.
• Judgment: If the court rules in favor of the landlord, a judgment for possession is issued. The tenant has five days to vacate or appeal the decision.

Writ of Possession:

• Issuance: If the tenant remains on the property after the appeal period, the landlord can request a Writ of Possession, authorizing law enforcement to remove the tenant.
• Execution: A constable or sheriff will post a 24-hour notice on the property before executing the writ, allowing the tenant a final opportunity to vacate voluntarily.

Adhering to these legal procedures is essential for a lawful eviction process in Texas. Landlords should ensure compliance with all statutory requirements to avoid delays or potential legal challenges.

Tenant Defenses to Eviction

Tenants facing eviction in Texas have several potential defenses to contest the proceedings. Understanding these defenses is crucial in protecting tenant rights and ensuring due process.

Improper Notice
Landlords must provide tenants with a proper written notice to vacate before initiating eviction proceedings. If the notice is deficient—either in form, content, or delivery method—the eviction may be deemed invalid. For instance, failing to provide the requisite notice period or not delivering the notice as prescribed by law can serve as a defense.

Retaliatory Eviction
Retaliatory eviction occurs when a landlord attempts to evict a tenant as a direct response to the tenant exercising their legal rights. Under Texas Property Code § 92.331, landlords are prohibited from retaliating against tenants who:

• Make a good faith complaint to a governmental entity regarding building or housing code violations.
• Request repairs that are the landlord's responsibility.
• Establish, attempt to establish, or participate in a tenant organization.

For example, in Sims v. Century Kiest Apartments, a tenant who reported deteriorating conditions and code violations was subjected to eviction. The court found this to be retaliatory, emphasizing that tenants should not face eviction for asserting their rights.

Discriminatory Eviction
Discriminatory eviction involves a landlord attempting to evict a tenant based on protected characteristics such as race, color, national origin, religion, sex, disability, or familial status. Both federal and Texas fair housing laws prohibit such discriminatory practices.

Tenants who believe they are facing eviction due to discrimination can file a complaint with the Texas Workforce Commission Civil Rights Division or the U.S. Department of Housing and Urban Development (HUD). It's essential to document any discriminatory statements or actions by the landlord, as this evidence can support the tenant's defense.

Waiver of Lease Violations
If a landlord has previously accepted rent payments despite being aware of a lease violation, they may have waived their right to evict based on that specific breach. Continued acceptance of rent can be interpreted as the landlord's consent to the tenant's conduct.

Failure to Maintain Habitable Premises
Tenants may argue that the landlord's failure to maintain the property in a habitable condition justifies their non-compliance with certain lease terms, such as withholding rent. However, tenants should exercise caution with this defense, as Texas law has specific requirements and procedures for addressing habitability issues.

Payment of Rent
If a tenant has paid the rent in full, including any late fees, before the eviction lawsuit is filed, this can serve as a defense against eviction for non-payment. Tenants should retain receipts or proof of payment to support this defense.

It's essential for tenants to present credible evidence supporting any defenses during eviction proceedings. Consulting with a legal professional experienced in Texas landlord-tenant law can provide guidance tailored to individual circumstances.

Preparing for the Eviction Suit

Initiating an eviction lawsuit in Texas requires meticulous preparation to ensure compliance with legal standards and to enhance the likelihood of a favorable outcome.

Documentation Compilation

• Lease Agreement: Secure a signed copy of the lease agreement to establish the terms and conditions agreed upon by both parties.
• Payment Records: Maintain detailed records of all rent payments, including dates and amounts, to substantiate any claims of non-payment or late payments.
• Communication Logs: Preserve all written communications with the tenant, such as emails, letters, or messages, especially those pertaining to lease violations or payment issues.
• Notice to Vacate: Ensure that a properly drafted Notice to Vacate was delivered to the tenant in accordance with Texas Property Code requirements.

Understanding Legal Grounds

• Valid Reasons for Eviction: Familiarize yourself with legitimate grounds for eviction in Texas, including non-payment of rent, lease violations, or holding over after the lease term.
• Avoiding Retaliatory Actions: Ensure that the eviction is not in retaliation for the tenant exercising their legal rights, as retaliatory evictions are prohibited.

Filing the Petition

• Jurisdiction: File the eviction suit in the Justice of the Peace Court in the precinct where the rental property is located.
• Required Forms: Complete the necessary forms, such as the Petition for Eviction, accurately detailing the reasons for eviction and any amounts owed.
• Filing Fees: Be prepared to pay the applicable filing fees, which vary by county.

Serving the Tenant

• Service of Citation: Arrange for the tenant to be officially served with the eviction lawsuit and court summons, typically by a constable or sheriff.
• Proof of Service: Obtain and retain proof that the tenant was properly served, as this is crucial for the court proceedings.

Court Preparation

• Evidence Organization: Organize all evidence, including documents and any witnesses, to present a coherent and compelling case.
• Legal Representation: Consider consulting with or hiring an attorney experienced in Texas landlord-tenant law to navigate the complexities of the eviction process.

By diligently preparing each of these components, landlords can approach the eviction process with confidence, ensuring adherence to Texas laws and increasing the likelihood of a successful resolution.

Attending the Eviction Hearing

Once an eviction lawsuit is filed in Texas, both landlords and tenants must prepare to attend a court hearing where each party can present their case. Understanding the procedures and expectations can help ensure a fair and efficient process.

Scheduling the Hearing

• Timeline: After the landlord files the eviction suit, the court schedules a hearing to occur no sooner than 10 days and no later than 21 days from the filing date.
• Notification: Both parties receive a notice detailing the hearing's date, time, and location. It's crucial to review this information promptly to allow adequate preparation time.

Preparation for the Hearing

• Landlords: Should organize all relevant documentation, including the lease agreement, payment records, notices given, and any correspondence with the tenant. This evidence supports the claim for eviction.
• Tenants: Should gather any evidence that may refute the landlord's claims, such as proof of rent payments, records of repair requests, or evidence of improper notice.

During the Hearing

• Presentation: Both the landlord and tenant will have the opportunity to present their cases before the judge. This includes submitting evidence and, if applicable, calling witnesses to testify.
• Conduct: It's essential to remain respectful and concise when addressing the court. Clearly articulate your position and respond to any questions posed by the judge.

Possible Outcomes

• Judgment for the Landlord: If the judge rules in favor of the landlord, a judgment for possession is granted, allowing the landlord to regain possession of the property.
• Judgment for the Tenant: If the judge rules in favor of the tenant, they may continue residing in the property, and the landlord's eviction claim is dismissed.

Post-Hearing Procedures

• Appeals: Both parties have the right to appeal the court's decision within a specified period, typically five days from the judgment. Filing an appeal requires adherence to specific procedures and may involve additional costs.
• Writ of Possession: If the landlord prevails and the tenant does not vacate voluntarily, the landlord can request a Writ of Possession from the court, authorizing law enforcement to remove the tenant.

Attending the eviction hearing is a critical component of the eviction process in Texas.

Both landlords and tenants should approach the hearing well-prepared, understanding their rights and responsibilities to ensure the proceedings are conducted fairly and in accordance with Texas law.

Eviction Process Timeline

Understanding the timeline of the eviction process in Texas is crucial for both landlords and tenants to navigate the legal procedures effectively.

The duration of an eviction can vary based on specific circumstances, but generally, the process involves several key stages:

Notice to Vacate

• Purpose: The eviction process begins with the landlord providing the tenant with a written Notice to Vacate, specifying the reason for eviction and the time frame to vacate the property.
• Time Frame: The notice period typically ranges from 3 to 30 days, depending on the reason for eviction and the terms of the lease agreement. For instance, a 3-day notice is common for non-payment of rent, while a 30-day notice may be required for other lease violations or month-to-month tenancies.

Filing the Eviction Suit

• Purpose: If the tenant does not comply with the Notice to Vacate, the landlord can file an eviction lawsuit, known as a forcible detainer suit, in the appropriate Justice of the Peace Court.
• Time Frame: Filing the lawsuit typically takes 2 to 5 days, depending on the court's schedule and processing times.

Serving the Tenant

• Purpose: After the lawsuit is filed, the tenant must be officially served with a citation and petition, informing them of the eviction proceedings and the scheduled court hearing.
• Time Frame: The tenant is usually served within 8 to 10 days after the lawsuit is filed.

Court Hearing and Judgment

• Purpose: A court hearing is held where both the landlord and tenant can present their cases. The judge then issues a judgment based on the evidence and testimonies.
• Time Frame: The hearing is scheduled no sooner than 10 days and no later than 21 days after the tenant is served. If the judge rules in favor of the landlord, the tenant has 5 days to appeal the decision.

Writ of Possession

• Purpose: If the tenant does not vacate the property or appeal the judgment within the allotted time, the landlord can request a Writ of Possession, authorizing law enforcement to remove the tenant and restore possession of the property to the landlord.
• Time Frame: The writ is typically issued within 1 to 3 days after the request, and the tenant is usually given 24 hours to vacate once the writ is posted on the property.

Overall Timeline

In summary, the entire eviction process in Texas can take anywhere from approximately 21 to 60 days, depending on various factors such as court schedules, tenant responses, and specific case details.

It's important for both landlords and tenants to adhere to the legal procedures and timelines to ensure a fair and lawful process.

Move-Out Process and Timeline

Once a landlord has obtained a judgment for possession in an eviction case, the move-out process is initiated to regain control of the rental property.

Understanding the procedures and timelines involved is crucial for both landlords and tenants to ensure compliance with Texas law.

Issuance of Writ of Possession

• Definition: A Writ of Possession is a court order authorizing the landlord to take back possession of the property. It is typically issued if the tenant does not vacate the premises within the time specified by the court following an eviction judgment.
• Timeline: In Texas, the writ can be issued no sooner than six days after the landlord wins the eviction case. Once issued, it is executed by a law enforcement officer, such as a sheriff or constable.

Execution of the Writ

• Notice to Tenant: The law enforcement officer will post the Writ of Possession on the property, notifying the tenant that they must vacate the premises. The tenant is typically given 24 hours to move out voluntarily.
• Physical Removal: If the tenant fails to vacate within the specified time, the officer is authorized to remove the tenant and their belongings from the property. Landlords are not permitted to carry out the eviction themselves; it must be conducted by the appropriate authorities.

Handling Tenant Belongings

• Landlord's Responsibilities: After the tenant has been removed, the landlord must handle any personal property left behind in accordance with Texas law. This may involve storing the belongings and providing the tenant with an opportunity to reclaim them.
• Legal Compliance: Improper disposal of a tenant's belongings can lead to legal complications. Landlords should familiarize themselves with the relevant statutes to ensure they act within the law.

Considerations for Landlords and Tenants

• For Landlords: It's essential to follow the legal procedures meticulously to avoid potential liabilities. Engaging with local law enforcement and understanding the specific requirements of the jurisdiction can facilitate a smoother process.
• For Tenants: Understanding the timeline and legal implications of the move-out process can help in making informed decisions and seeking legal assistance if necessary.

Adhering to the established move-out procedures and timelines in Texas ensures that both landlords and tenants uphold their legal obligations, thereby minimizing conflicts and promoting a fair resolution to the eviction process.

Handling Tenant Belongings After Eviction

In Texas, when a tenant is evicted and leaves personal belongings behind, landlords must adhere to specific legal procedures to manage these items appropriately. Understanding these responsibilities is crucial to avoid potential legal complications.

Landlord's Responsibilities

• Post-Eviction Procedures: After regaining possession of the property through a Writ of Possession, landlords are responsible for the tenant's personal property left on the premises. Texas law requires landlords to store the tenant's belongings in a safe location, such as a bonded or insured warehouse, and provide the tenant with written notice detailing how they can reclaim their property.
• Limitations on Disposal: Landlords cannot immediately dispose of the tenant's belongings. They must follow the legal process, which includes notifying the tenant and allowing a reasonable time for the tenant to retrieve their possessions. Failure to comply with these regulations can lead to legal repercussions.

Tenant's Rights

• Reclaiming Property: Tenants have the right to reclaim their personal property after eviction. Upon receiving notice from the landlord, tenants should promptly contact the landlord or the storage facility to arrange the retrieval of their belongings. It's important for tenants to act within the timeframe specified in the notice to avoid additional storage fees or disposal of their property.

Legal Considerations

• Compliance with Texas Property Code: Both landlords and tenants should familiarize themselves with the relevant sections of the Texas Property Code that govern the handling of personal property after eviction. Adhering to these laws ensures that the rights of both parties are protected and helps prevent potential disputes.

Best Practices for Landlords

• Documentation: Maintain detailed records of the tenant's belongings, including photographs and inventories, to protect against potential claims of property damage or loss.
• Communication: Provide clear and timely written notice to the tenant regarding the status of their belongings and the process for retrieval.
• Legal Compliance: Consult with legal counsel or refer to authoritative resources to ensure compliance with all applicable laws and regulations concerning tenant property after eviction.

By following these guidelines, landlords can manage tenant belongings after eviction in a manner that is both legally compliant and respectful of the tenant's rights.

Post-Eviction Procedures

After regaining possession of a rental property through the formal eviction process, landlords in Texas must adhere to specific post-eviction procedures to ensure compliance with state laws and to protect the rights of all parties involved.

Restoring the Property

• Inspection and Documentation: Conduct a thorough inspection of the property to assess its condition. Document any damages beyond normal wear and tear with photographs and detailed notes. This documentation is essential for determining repair needs and for any potential claims against the tenant's security deposit.
• Repairs and Maintenance: Address any necessary repairs promptly to restore the property to a habitable condition. This includes fixing structural damages, plumbing or electrical issues, and ensuring that all appliances are in working order.

Security Deposit Considerations

• Itemized Deductions: If deductions from the tenant's security deposit are warranted for unpaid rent or property damages, provide the former tenant with an itemized list of charges. This list should detail each deduction and the corresponding amount.
• Timely Return: According to Texas Property Code § 92.103, landlords are required to return the remaining portion of the security deposit, along with the itemized list of deductions, within 30 days after the tenant surrenders the premises. Failure to comply with this requirement can result in legal penalties.

Updating Lease Agreements

• Review and Revise: Take this opportunity to review the terms of your lease agreement. Consider updating clauses related to property maintenance, tenant responsibilities, and eviction procedures to prevent future disputes.
• Legal Compliance: Ensure that any revisions to the lease agreement comply with current Texas landlord-tenant laws. Consult with a legal professional if necessary to confirm that all provisions are enforceable and fair.

Legal Considerations

• Avoiding Self-Help Evictions: It's crucial to follow legal procedures throughout the eviction process. Engaging in self-help evictions, such as changing locks or removing tenant belongings without a court order, is illegal in Texas and can lead to significant legal consequences. Always adhere to the formal eviction process to protect yourself from potential liabilities.

Navigating the post-eviction phase requires careful attention to legal obligations and best practices. By following these procedures, landlords can ensure a smooth transition, maintain the property's condition, and foster positive relationships with future tenants.

Writ of Possession

In Texas, a Writ of Possession is a crucial legal document in the eviction process, authorizing law enforcement to remove a tenant and restore the rental property to the landlord.

Understanding its issuance, execution timeline, and the rights of both parties during this period is essential.

Issuance Timeline:

• Post-Judgment Waiting Period: After a landlord obtains a favorable judgment in an eviction suit, there is a mandatory waiting period before a Writ of Possession can be requested. This waiting period allows tenants the opportunity to appeal the ruling or make necessary arrangements.
• Requesting the Writ: Once the waiting period has elapsed, the landlord can request the issuance of the Writ of Possession from the court. The exact timing can vary, but it typically occurs within a few days after the waiting period ends.

Execution Process:

• Service by Law Enforcement: After issuance, the writ is delivered to the appropriate local law enforcement agency, such as the county constable or sheriff, for execution. The officer will serve the writ to the tenant, either in person or by posting it on the property if the tenant is absent.
• Tenant's Compliance Period: Upon service, the tenant is typically given 24 hours to vacate the premises voluntarily. This brief period allows the tenant to remove personal belongings and secure alternative housing.
• Physical Eviction: If the tenant fails to vacate within the allotted time, law enforcement officers are authorized to physically remove the tenant and their possessions from the property, ensuring the landlord regains possession.

Tenant's Rights During This Period:

• Right to Appeal: Tenants have the right to appeal the eviction judgment within the designated waiting period before the writ is issued. Filing an appeal can delay the issuance of the writ, providing additional time to contest the eviction.
• Right to Retrieve Belongings: Even after eviction, tenants may have the right to reclaim personal property left behind, subject to specific legal procedures and timeframes. It's advisable for tenants to act promptly and communicate with the landlord to arrange the retrieval of belongings.

Conclusion

Navigating the eviction process in Texas requires a thorough understanding of state laws and adherence to legal procedures. Both landlords and tenants have specific rights and responsibilities that must be respected to ensure a fair and lawful resolution.

For landlords, it's imperative to follow the proper legal channels when seeking to regain possession of a property. This includes issuing the appropriate notices, filing necessary court documents, and refraining from self-help evictions, such as changing locks or disconnecting utilities without a court order. Non-compliance with these procedures can lead to legal repercussions and potential financial penalties.

Tenants should be aware of their rights, including the right to receive proper notice and the opportunity to address any lease violations or payment issues. In cases where tenants believe they are being unjustly evicted, they have the right to present their case in court and seek legal assistance.

Both parties are encouraged to maintain open communication to resolve disputes amicably before they escalate to eviction proceedings. When eviction becomes necessary, following the legal process diligently helps protect the interests of both landlords and tenants, ensuring that the process is conducted fairly and within the bounds of Texas law.

DoorLoop hosted this webinar with attorney Ernie Garcia from The Law Office of Ernie Garcia, PPLC to help answer many of your legal questions. Ernie specializes in real estate law and evictions in Texas and we covered:

1. Landlord-tenant issues and laws
2. Grounds to evict a tenant
3. Eviction process
4. Preventing delays or fines
5. Hiring an Attorney vs DIY

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Sources

• Texas Property Code § 24.005 – Details the requirements for issuing a Notice to Vacate, including notice periods and delivery methods.
• Texas Property Code § 24.002 – Defines the grounds for forcible entry and detainer suits, outlining legal reasons for eviction.
• Texas Property Code § 24.0061 – Outlines the procedures and legal considerations for obtaining and executing a Writ of Possession.
• Texas Property Code § 92.331 – Addresses retaliatory evictions, protecting tenants from eviction in response to exercising their legal rights.
• Texas Property Code § 92.0081 – Prohibits landlords from engaging in lockouts or utility disconnections as a means of eviction, ensuring tenant protection against unlawful evictions.
• Texas Property Code § 92.102 – Defines landlord and tenant obligations regarding security deposits, including timelines for return and permissible deductions.
• Texas Property Code § 92.056 – Specifies landlord responsibilities for property maintenance and tenant remedies for landlord’s failure to repair or remedy conditions affecting health and safety.
• Texas Property Code § 24.0053 – Details the procedures for appeal in eviction cases, including requirements for appeal bonds and timelines.
• Texas Property Code § 24.007 – Addresses the finality of judgments in eviction cases and the effect of appeals on possession of the premises.
• Texas Property Code § 24.011 – Specifies the jurisdiction of justice courts in eviction suits, clarifying the appropriate venue for filing such cases.
• Texas Law Help: A nonprofit organization that offers free legal information and forms for Texas residents, including detailed guides on eviction processes and tenant rights.
• The Texas State Law Library: Offers access to legal research materials, including resources on landlord-tenant law and eviction procedures.