Texas is one of the most profitable real estate markets in the US. With its booming economy, active tourism industry, and strong job market, many people are moving to Texas to take advantage of these various opportunities. In addition, Texas has favorable tax laws, which is great for those who plan to invest in Texas real estate.
To be a successful real estate investor, it’s crucial to choose your tenants wisely. A thorough tenant screening process should be in place so that you’ll avoid problematic tenants. Landlords are recommended to perform all the necessary financial and background checks before accepting a tenant to prevent potential legal issues in the future.
However, no matter how careful you are in choosing tenants, there are times when problems arise during the course of the tenancy. Sometimes, these issues could not be resolved amicably and the only best solution left is eviction. As a landlord, you are mandated to follow the legal eviction process if you plan to remove a tenant from your property.
The eviction process in Texas can take around one to three months, depending on the reason for eviction. This process can take longer if tenants request a continuance or jury trial. In this article, we will discuss the justified and unjustified reasons for eviction, and what you should do to ensure that you remain in compliance with the law.
Notice for Lease Termination with Legal Cause
Texas landlords should have a valid reason for evicting a tenant. To legally evict a tenant, you must have a legal cause for doing so, such as any of the following:
- Tenants failed to pay rent.
- Tenants remain on the property after the end of the lease or without an active lease.
- Tenants violate any provision in the lease or rental agreement.
In Texas, rent is considered late if payment is not received the day immediately after the due date. Texas tenants may be evicted for not paying their rent on time. Landlords must provide tenants with three days’ notice to pay the rent or vacate the property.
If the tenant does not pay the rent or leave the premises after three days, the landlord can begin the eviction process. It’s important to note that Texas law requires landlords to provide a two-day grace period, which means landlords cannot impose penalties or late fees until rent is late by two days.
In addition, landlords can also evict tenants for staying at the property without a lease or after the previous lease expires. Landlords must first terminate the tenancy by giving proper notice:
- Three days’ notice for verbal lease.
- Seven days’ notice for week-to-week lease.
- One-month notice for a month-to-month lease.
If the tenant remains at the property after the notice ends, the landlord should start the eviction process.
Landlords in Texas can also evict tenants for violating the lease agreement and/or failing to perform their duties and responsibilities as stipulated in the lease or by Texas landlord-tenant law. Landlords must provide tenants with a three-day notice to vacate. Texas landlords are not required to give tenants a chance to fix the issue.
Violations that can be grounds for eviction:
- Unauthorized pets.
- Illegal activity.
- Failing to keep the premises clean and sanitary.
- Failing to inform the landlord of any defects or maintenance issues.
- Refusing to make small repairs or complete maintenance pursuant to the lease agreement.
- Disturbing other tenants or neighbors.
Serving a Tenant with an Eviction Notice in Texas
Texas landlords are required to serve tenants with a written eviction notice. The notice must be delivered by any of the following methods:
- In-person delivery—must be received by the tenant or someone aged 16 years or older.
- Leaving the notice inside the main door of the rental unit.
- Regular, registered, or certified mail with a return receipt.
Tenant Eviction Defenses in Texas
The defense is a reason why the petitioner (the landlord) shouldn’t win the case. The following are considered illegal evictions in Texas:
- The landlord attempted to forcibly remove a tenant by changing locks, shutting off essential utilities, breaking a door or window, and/or removing a tenant’s belongings.
- The eviction is retaliatory in nature.
Attending Court Hearing in Texas
The tenant is given 14 days (after receiving the complaint) to file a written answer with the court, but this is not mandatory. The eviction hearing will take place within 10 to 21 days after the eviction is filed with the court.
Either party may request to postpone the trial for not more than seven days. If the tenant fails to appear at the hearing, a court will rule in favor of the landlord by default.
If the tenant disagrees with the petition, both parties may choose to settle the dispute outside of court. If the tenant and landlord come to a mutual agreement, the landlord can file a nonsuit to dismiss the eviction lawsuit. If there is no agreement between both parties, the hearing will continue.
Writ of Possession
The Writ of Possession is the final notice to leave the property, allowing tenants to remove their belongings before the sheriff returns to take possession of the property. The filing fee for a Writ of Possession ranges from $130 to $175. The Writ of Possession shall be issued around six days after the court rules in favor of the landlord.
After the Writ of Possession is issued and posted on the premises, the tenant is given 24 hours to vacate the rental unit. After the notice period ends, they will be forcibly removed by the sheriff or constable. It’s important to note that the sheriff or constable may choose to return 36 hours or even a few days later to forcibly remove the evicted tenants.
Dealing with problematic tenants can cause a lot of stress and headaches. It’s crucial to know the legal process for eviction so that everything will run smoothly in case you’ll be faced with this unfortunate situation. If you don’t want to handle this process yourself, it’s best to work with a professional rental property manager. Contact Keyrenter Austin today!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.