Texas has become an increasingly attractive destination for rental property investors. The state is seeing robust economic and population growth that translates into a higher demand for rental properties. Additionally, Texas offers a business-friendly environment with no state income tax, which can be advantageous for investors.  

The real estate market in Texas is also known for its affordability and potential for high returns on investment, making it an appealing option for both local and out-of-state investors.

As a landlord in Texas, understanding all landlord-tenant laws is crucial. This includes the eviction process in Texas. Navigating these laws requires a keen understanding of the legal procedures and timelines involved. Failing to adhere to the proper process can result in delays, legal challenges, and potential financial losses. 

The Eviction Process in Texas

Notice for Lease Termination with Legal Cause

The eviction process in Texas typically takes one to three months. The length varies depending on the type and cause of eviction. There are three legal causes for eviction in Texas, which are:

• Non-payment of rent
• No lease/end of lease
• Lease violations

Serving a Tenant with an Eviction Notice in Texas

The eviction process in Texas begins with the landlord providing the tenant with a written notice to vacate. The landlord must have a legal ground for evicting a tenant, and the notice period will vary depending on the cause for eviction, such as:

• Nonpayment of Rent: Texas landlords must provide tenants with a 3-day Notice to Vacate or to settle the balance due. If the tenant fails to do either of these within the notice period, the landlord may proceed with the eviction lawsuit.
• No Lease or End of Lease: If a tenant stays at the property with no active lease or after the lease term has ended, landlords must serve them with a Notice to Quit, the length of which depends on the type of lease:
  • Verbal lease agreement: 3 days
  • Week-to-week lease: 7 days
  • Month-to-month: 1 month
• Lease Violation: Landlords may also evict tenants for violation of a lease term or failure to perform their responsibilities. To do so, they must serve tenants with a 3-day Notice to Quit. The tenant must move out within this period without any chance to fix the issue, or the landlord can file an eviction lawsuit. 

Tenant obligations include:

• Consistently maintaining the cleanliness and sanitation of the property.
• Ensuring that all safety devices, like smoke detectors, are functioning properly.
• Respecting the right of other tenants to a peaceful living environment.

Examples of lease violations:

• Engaging in illegal activities.
• Keeping pets without approval.
• Disrupting the peace of other tenants or neighbors.
• Failing to keep the property clean and sanitary.
• Neglecting to report any issues or required maintenance to the landlord.
• Not performing minor repairs or maintenance as stipulated in the lease agreement.

Tenant Eviction Defenses in Texas

The defense is a reason why you (the landlord petitioner) shouldn’t win the case. Common reasons are as follows:

• Tenants may claim that the eviction is retaliatory.
• Tenants may claim that the landlord practices “self-help eviction” by changing the locks, removing tenant’s properties, shutting off essential utilities, and removing doors or windows.
• Tenants may claim that the eviction is due to discrimination, which is a violation of the Fair Housing Act.

Attending Court Hearing

After the notice is served and if the tenant fails to fix the problem or vacate the property, the landlord can file an eviction case. After the lawsuit is filed, the court will schedule a hearing, typically within 10 to 21 days. 

Tenants may file their written response within 14 days, but this is not a requirement. The tenant will still have a chance to respond to the eviction at the hearing even without filing a written answer.

If the tenant fails to appear at the hearing, the judge may issue a default judgment in favor of the landlord. Tenants have the right to appeal the eviction judgment. However, they must file the appeal within five days of the judgment and may need to post a bond to cover rent during the appeal process.

Writ of Restitution

If the court decides in favor of the landlord, the tenant must vacate the property within seven days if the landlord filed for immediate possession. 

If the tenant does not vacate the property after the court rules in favor of the landlord, the landlord can request a writ of possession. This is a court order directing the sheriff or constable to remove the tenant and their belongings from the property. The writ of possession cannot be executed until at least six days after the judgment.

The Eviction

Once the writ of possession is issued, the law enforcement officer will post a notice at the property informing the tenant of the impending eviction. The tenant typically has 24 hours to vacate after the notice is posted. 

If the tenant remains on the property, the sheriff or constable will return to remove the tenant and oversee the landlord’s removal of the tenant’s belongings. In some cases, the sheriff or constable may return 36 hours to a few days later to evict the tenant and retake possession of the property. 

Conclusion

Navigating the eviction process in Texas requires a solid understanding of the legal requirements and timelines. Landlords must ensure they comply with all legal procedures to avoid delays and additional costs. 

While the process is designed to be relatively quick and efficient, it emphasizes the importance of maintaining clear communication with tenants and seeking legal advice when necessary to ensure a smooth and lawful eviction process.

If you have more questions, be sure to contact a reliable property manager who is knowledgeable of the landlord-tenant law and the legal eviction procedure in Texas. If you have more questions, need assistance navigating an eviction, or just want a hand managing your property, reach out to Specialized Property Management Houston, and we will be happy to assist you.

Disclaimer: 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.