Evict a Tenant in Texas

Evicting a tenant in Texas requires you to follow certain legal procedures. Courts are generally very protective of a tenant’s rights. So if you’re going to represent yourself as a landlord in an eviction proceeding (also known as “forcible detainer” ), you need to make sure you’re aware of the procedures involved, and follow them precisely. Although there is a core set of state eviction laws, the complete set of laws will differ depending on county and city. For instance, cities often have laws more favorable to tenants than state laws.

Steps

Preparing for Eviction

1. Determine the reasons you can evict a tenant. You need valid reasons (also known as “grounds”) in order to dispossess a tenant. There are a variety of eviction grounds in Texas, depending on your city or county. In addition to the basic reason of a tenant not following the terms of the lease agreement, a few of the more specific grounds are:
   • Failure to pay rent
   • Causing damage to the property
   • Refusing to move after the end of a lease
   • Using the property to display or distribute obscene material
   • Violating the landlord’s policy on keeping pets
   • Letting people who aren’t on the lease live on the property
   • Providing incorrect or false information on your lease application.
2. Be sure to meet your responsibilities as a landlord. Under the Texas Property Code, if a condition exists on the leased property that affects the physical health or safety of the tenant, you must fix the problem. If you don't remedy the condition within a reasonable time (normally 7 days), your tenant can have the repairs done and withhold the repair costs from the rent.
3. Try resolving the issue with the tenant before proceeding with eviction. Removing a tenant from your property involves an expenditure of time and money that you’d like to avoid, if possible. Try talking with your tenant. Let him or her know that you want to settle the dispute out of court, but that you'll file for eviction if necessary. Taking a firm stand might prompt the tenant to comply with the lease terms rather than risk being dispossessed.
4. Lock out the tenant. To induce payment of rent, a landlord may be able to lock the tenant out of the apartment by changing the locks. The lockout, however, can only be temporary. The landlord must also give the tenant a key upon request. If you want to use a lockout in an attempt to get payment, then the following must apply:
   • The right to change locks because of failure to pay rent in a timely manner must have been written into the lease
   • You must give the tenant advance written notice warning that the lock swill be changed. At least three days’ notice must be given if the notice is hand-delivered (or five days’ notice of mailed).
   • The notice must state the earliest date the locks will be changed, the amount of rent that must be paid, and the location where the tenant may discuss or pay delinquent rent.
   • Notice that the tenant may receive a new key at any time without paying rent. This notice must be underlined.
5. Prepare a Notice to Vacate. If you can't resolve the matter, then you must provide the tenant with a written Notice to Vacate. This indicates the nature of the breach (such as non-payment of rent) and demands that the tenant leave the property by a certain date. You can get the forms for the Notice to Vacate at the court clerk’s office or fill-in the blanks on this Sample Version, and they may also be available online. Be aware of the following:
   • In most cases, you have to allow at least three days after delivery of the notice before you can file for the eviction with the Justice of the Peace court.
   • Check the lease to see if it contains a provision addressing the time period for proceeding with eviction. If it calls for more than three days, you have to give the tenant that extra time.
6. Deliver the Notice to Vacate. You can deliver the Notice in a variety of ways. Whichever way you choose, make sure that you have proof that the notice was delivered. The Notice may be delivered to the tenant or any person over 16 residing in the unit by:
   • certified, registered, or regular mail
   • attaching it to the inside of the front entrance door
   • attaching it to the outside of the front door but only if:
     • there is no mailbox
     • the landlord cannot enter the unit because of a dangerous animal, keyless deadbolt, or an alarm system prevents the landlord from entering

Filing the Suit to Evict

1. Obtain the proper forms. The eviction complaint is known as a Petition for Eviction, and it must be filed in the Justice of the Peace Precinct in which the property is located. You'll also need a Military Affidavit regarding the tenant's military status, and a Civil Case Information Sheet. You can get these forms from the court clerk’s office, and possibly online depending on what Precinct you're in.
2. Provide complete information. As indicated above, the courts are very protective of a tenant’s rights. So if your paperwork is defective, when it comes time for your hearing your case may be dismissed, and you’ll have to start all over. Necessary information for the Petition for Eviction includes:
   • The names of everyone involved in the tenancy, and the property address
   • The date the property was rented, and whether the lease is written or oral
   • The rent amount and the day it's due each month
   • The reason for the eviction
   • The date the Notice to Vacate was given, and how it was delivered to the tenant.
3. Include information in Spanish, if necessary. In some cities, you may be required to include certain information in Spanish. In Travis County, for example, the first page of the citation must state the following in bold print and in English and Spanish:
   • “This suit to evict involves immediate deadlines. Call the State Bar of Texas toll-free at 1-877-9TEXBAR if you need help locating an attorney. If you cannot afford to hire an attorney, you may be eligible for free or low-cost legal assistance.”
4. Determine the filing fee. There are court costs involved in filing for eviction. Contact the court clerk, or check online, so that you know what you’ll be expected to pay. Also find out what payment methods the court clerk accepts.
5. Bring all documentation to the court for filing. Make sure you have the Petition for Eviction, military affidavit, and Civil Case Information Sheet. Take a copy of the written lease (if applicable), as well as proof of delivery of the Notice to Vacate (if you sent it by mail), in case the clerk wants copies of these.The clerk will send you and the tenant a notice of the hearing date.

Attending the Hearing

1. Prepare your witnesses. Plan on having anyone who can back up your case accompany you to court. Someone who went with you if you hand-delivered the Notice to Vacate should be there, as well as anyone who may have seen the tenant commit any acts that violated the terms of the lease, such as damaging the property. Review their testimony with them in advance to make sure all facts are accurate.
2. Request an adjournment if necessary. If any of your key witnesses is unavailable for the court date, or if you have another valid reason why the hearing needs to be postponed, you should alert the court clerk as soon as possible. If the court allows an adjournment, it will normally be for no more than a few days.
3. Try to observe some landlord-tenant cases before your hearing date. Call the court to see when landlord-tenant cases are being heard, and go to the courthouse to see what's involved. That way, you'll have a better idea of what to expect at your own hearing.
4. Be sure to bring all the evidence needed to support your case. This includes proof of service of notices, the lease (if applicable), and any documentation or other proof to back up your claim for eviction and any money damages (such as overdue rent). You don’t want your case to be dismissed because you left a crucial piece of evidence at home.
5. Get to court early. Sometimes landlord-tenant court can be chaotic.Try to arrive early, so you can find out where you case is on the court’s list (also called a “docket”). If you can't resolve your case before the hearing, don’t expect to get in and out of court in a hurry. You may be waiting for a while. After the judge hears your case, he or she will determine if a judgment in your favor should be granted.

Following Up After the Hearing

1. Consider appealing the decision if the judge rules against you. If you don't win your case, you have five days to appeal the result. You’ll have to obtain an Eviction Case Appeal Bond from the court, and post the bond amount that the judge sets. If you can't afford it, you can fill out an Affidavit of Inability to Pay. It's up to the judge to determine whether or not to accept the Affidavit.
2. Request a Writ of Possession. If you’ve won your case, and the tenant hasn’t appealed within five days, you can request a Writ of Possession from the court on the sixth day. This authorizes the constable or sheriff's officer to evict the tenant. The officer will post a warning on the front door of the rental unit, notifying the tenant of the date he or she will be removed from the property.
3. Follow up with the officer. You'll probably want to be present when the tenant is removed. Get the name of the assigned officer (call the court clerk's office), and contact the officer to find out when he or she is planning to arrive at the property. The officer is authorized to physically remove the tenant, and oversee removal of the tenant's personal property. When that's done, possession of the rental unit is turned back over to you.
4. Obtain a Writ of Execution. If the court awarded you money damages as part of the judgment, a Writ of Execution allows the sheriff’s office or the constable to seize certain property from the tenant in order to pay off your judgment. You can request a Writ of Execution from the court after 30 days from the date of your judgment.

Tips

• The tenant's rent deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater.
• When identifying the tenants in the Notice to Vacate and the Petition for Eviction, be sure to list all the individuals who are responsible for payment of rent. Also, add the words “and all occupants” just to cover yourself in case any unknown persons are residing on the property.
• Check http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm for the various ways you’re allowed to hand-deliver the Notice to Vacate.
• Once your paperwork is filed with the court, the court clerk will issue a citation to the tenant.
• In an eviction suit, the court can only address possession of the property, overdue rent, attorney’s fees, and court costs. Any request for other damages must be brought in a separate lawsuit.
• You can request a trial by jury if you pay an additional fee.
• If the tenant doesn't appear for the hearing (defaults), in all likelihood you will be granted the judgment for eviction.
• When you contact the officer about carrying out the Writ of Possession, find out if he or she is expecting you to remove the tenant's personal property (under the officer's oversight). If so, you'll probably want to bring people with you to help.

Warnings

• Remember that the three day period before you can file for the eviction starts on the day the Notice to Vacate is actually delivered. So take that into consideration if you serve the notice by mail.
• If you’re evicting a tenant as a result of your purchasing the property at a foreclosure sale, the notice period is extended to 30 days. And if you’re ending a month-to-month tenancy, the earliest the tenancy can terminate is one month from the date on which you serve the notice.
• It's illegal to attempt to evict a tenant without following the proper court procedures. So don’t take it upon yourself to change locks, shut off utilities, remove a tenant’s property, or threaten or harass the tenant.

Sources and Citations

See also

• Check a Background for a Tenant
• Turn Your Home or Condo Into a Vacation Rental
• Evict a Residential Tenant in Ohio
• Be Aware of Hidden Costs for a First Time Renter
• Find a House to Rent That Allows Pets
• Be a Good Apartment Neighbor
• Prorate Rent
• Rent a Room in Your House
• Rent an Apartment
• Write a Complaint Letter to Your Landlord

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