EVICTION PROCESS IN TEXAS
The eviction process in Texas can be complex and time-consuming. It is important for landlords to understand how the process works. IMPORTANT: The Landlord is the Plaintiff, in an eviction case, and the burden of proof always falls on the party who initiates the claim. The following is a general overview of the eviction process in Texas:
STEP ONE IS THE MOST IMPORTANT STEP IN THE EVICTION PROCESS
Step 1: Serve the Tenant with a Written Notice to Vacate
The first step in the eviction process is to serve the tenant with a Notice to Vacate. This Notice must be in writing and must state the reason for the eviction. There are strict guidelines as to how the Notice must be served pursuant to Texas Property Code 24.005. The Notice must also comply with the terms of any oral or written Lease Agreement. Depending on the reason for the eviction, the tenant must comply with the Landlord's demands before the Notice expires. When filing an eviction lawsuit, the Notice to Vacate must match at least one of the reasons stated in the Eviction Petition. The Notice must be written in hardcopy and may not be delivered electronically by email or text message unless otherwise stated in a written Lease.
IMPORTANT: After the Notice-to Vacate is filed with the eviction lawsuit, it can not be significantly modified or altered. Any significant modification to the Notice to Vacate may VOID the entire eviction lawsuit, thus causing the case to be DISMISSED. When a case is dismissed, landlord must start over with the eviction process.
Step 2: File an Eviction Lawsuit
If the tenant does not comply after receiving the Notice to Vacate, the landlord has the right to file an eviction lawsuit. The lawsuit must be filed in the justice court in the Precinct where the property is located. It is very important that you check the Constable Precinct Map or Call the Constable's Office to determine the appropriate Precinct for filing the Eviction lawsuit. The landlord (or Authorized Agent such as the Constable) must serve the tenant with the lawsuit papers and a Notice of Hearing.
Step 3: Attend the Eviction Hearing
Once the lawsuit has been filed, there will be an eviction hearing. It usually takes 10 - 21 days for the hearing to be held. The landlord (or their Authorized Agent) must show up in court for the docket call or the case will be DISMISSED. The tenant may also appear, but their presence is not a requirement for a judgement to be rendered. Landlord and tenant will have the opportunity to present their evidence at the hearing. The judge will then decide whether to evict the tenant and award possession of the property back to the landlord. If all the paperwork is in order and the Judge determines that the landlord followed all the rules, the Judge will rule in favor of the landlord. The tenant will typically be given a 5-Day Notice to Vacate.
Step 4: Request a Writ of Possession
If the judge orders the Tenant to be evicted, the Landlord may need to obtain a Writ of Possession if the Tenant does not move out voluntarily. The Court will give the Landlord a date for which the Writ of Possession can be requested. The Landlord must pay a (non-refundable) filing fee for the Writ. The Judge will sign an Order which is given to the Constable. This document gives the Constable the authority to order the Tenant to leave the property.
Step 5: Remove the tenant from the property
The Landlord must coordinate a date and time with the Move-out Deputy. The Landlord is responsible for changing the locks and hiring movers to remove the tenant's personal items. It is important that the locks be changed to prevent the Tenant from re-entering the property. The Tenant can be arrested if they break into the property. Note: movers do not have to be bonded, nor are they required to carefully pack anything. Movers simply set the personal items outside the residence in an area designated by the Constable. The Constable will be present to keep the peace and to ensure that all personal items are removed. The Constable does not assist with removing personal property. When the Constable leaves the property, neither Constable nor Landlord is responsible for the Tenant's personal items.
The eviction process in Texas can take several weeks or even months. It is important for landlords to follow the correct procedures to ensure that the eviction is legal. If you are a landlord in Texas and you are considering evicting a tenant, it is important to consult with experts to understand the procedures.
Here are some of the most common reasons for eviction in Texas:
- Nonpayment of rent
- Breach of the lease agreement
- Suspected illegal activity on the property
- Habitual lateness with rent payments
- Damage to the property
- Interrupting the quiet enjoyment of others
- Unauthorized occupants
- Unauthorized pets
- Foreclosure sale
- Inherited tenant from investment property purchase
- Squatters
It is important that Texas landlords know that when a tenant faces eviction they have the right to:
- Receive a written notice to vacate
- Attend the eviction hearing
- Present evidence in their defense
- Appeal the eviction decision
