Landlords who have to figure out how to evict a tenant in Texas need to follow a series of legal steps in order to avoid complications. As outlined below, the process involves extensive communication with the tenant and the courts, as it may require a lawsuit that establishes the property owner's legal right to remove a tenant and their belongings.There are a number of fair housing laws landlords should review before beginning any proceedings. Evictions can be time consuming and potentially expensive, but these types of legal fees are a common rental property tax deduction , which gives landlords a chance to offset some of the costs.
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1. Provide Proper Notice to Vacate
When considering how to evict a tenant in Texas, the first step is a formal declaration to the tenant informing them that they must leave the rental property, or resolve the cause for eviction. The notice to vacate must be in writing and delivered in person, by mail (with return receipt) or by posting it on the inside of the main entry door. The notice should clearly state the reason for eviction and include the timeframe to vacate or resolve the issue, typically within three days of receiving notice. If the tenant participates in any federal housing programs, or if the landlord has a federally-backed mortgage such as an FHA loan , they must be given 30 days to vacate.
If the tenant does not comply with the notice within the given timeframe, the landlord can then proceed to file an eviction lawsuit, known as a forcible detainer suit, in the appropriate Justice of the Peace Court.
2. File an Eviction Suit
Properly executing this step is a legal requirement and sets the stage for any subsequent legal actions. After filing the eviction suit, the court will typically schedule a hearing within 10 to 21 days. The tenant must be notified no less than 6 days before the court date and are usually served papers in person by a sheriff or constable. After two unsuccessful attempts, the court allows for the papers to be deposited with the mail. The tenant can file a written answer disputing the suit, and must show up to the hearing or judgment goes to the landlord by default. Otherwise, the judge will take time to review the evidence and issue a ruling.
3. Wait for the Ruling
The timeline for receiving the judge’s ruling can vary. In some cases, such as a default ruling, the judge may deliver a decision immediately after the hearing. However, it is also possible for the judge to take a few days to deliberate, so it is advisable to stay in contact with the court for any updates regarding your case.
Once the judge has made a decision, both parties will be notified. If the ruling is in favor of the landlord, the tenant will be given a specific period to vacate the property, typically within five days.
4. Appeal
After a judgment has been rendered in an eviction case, either party has the right to appeal the decision. This notice must be filed within five days of the judgment being signed. Missing this deadline can result in the loss of the right to appeal.
Next, the appellant must pay an appeal bond or file a pauper’s affidavit if they cannot afford the bond. The bond amount is typically set by the court and is intended to cover potential costs and damages that may arise from the appeal. Filing a pauper’s affidavit requires proof of financial inability to pay the bond, and the court must approve this affidavit for the appeal to proceed.
If the eviction cause is non-payment of rent, a pauper's affidavit still requires the tenant to supply one month's rent to the court as part of the bond. For non-payment of rent cases the tenant continues to pay monthly rent to the court or the case gets dismissed, for other eviction cases rent is still owed to the landlord during the appeals process.
Once the notice of appeal and bond or affidavit are filed, the case is transferred to a higher court, usually the county court at law. The higher court will then schedule a new hearing to review the case. During this hearing, both parties will have the opportunity to present their arguments and evidence once again.
5. Request Writ of Possession
The fifth and final step in the process of how to evict a tenant in Texas involves requesting a writ of possession. This step comes after the judge has ruled in favor of the landlord in an eviction lawsuit. A writ of possession is a legal document issued by the court that authorizes the landlord to take back possession of the rental property.
Once the judge issues the writ of possession, it is delivered to the local constable or sheriff, who will then serve it to the tenant. The tenant is typically given 24 hours to vacate the property upon receiving the writ. If the tenant does not leave within this timeframe, the constable or sheriff has the authority to remove the tenant and their belongings from the property. This legal process ensures that the landlord can regain control of their property in a manner that complies with Texas state laws. Anyone looking to invest in Texas real estate , particularly the rental market, should get familiar with this process.
Bottom Line
Navigating the eviction process in Texas requires a clear understanding of the legal steps involved. From issuing a proper notice to vacate to requesting a writ of possession, landlords must adhere to specific timelines and legal requirements or risk losing their case in court. Careful tenant screening can help landlords avoid this issue altogether.
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