As a landlord in New Braunfels, have you ever wanted to end a tenant's lease agreement when said tenant violates terms in the rental agreement? Though tenant screening tries to avoid this situation, it's a possibility.
Common issues with tenants include when a tenant pays rent late on a regular basis, non-payment of rent, excessive damages to the rental premises by tenant, disruption to other tenants, or refusing to vacate the property at the end of the written lease or rental agreement.
These are all issues that warrant an eviction according to Texas eviction laws. When renters don't abide by the terms of the lease agreement, landlords may have to consider evicting them.
However, the eviction process in Texas typically begins with a written notice, which informs the tenant of their violation and gives them an opportunity to resolve the issue or vacate the property.
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Evicting a tenant is anything but easy, so landlords always aim to avoid an eviction hearing or an eviction lawsuit. However, in certain situations, it may be necessary to begin eviction procedures.
Property management alone is hard enough for landlords without the added burden. The eviction process in Texas can be time-consuming, expensive, and stressful.
For it to succeed, a Texas landlord and their tenants must understand the relevant laws, including the legal forms required, how to address a lease violation properly, and potential tenant defenses that could delay or prevent the eviction suit.
The process officially begins when a landlord files the necessary paperwork with the court to start an eviction suit case.
Landlords cannot simply threaten renters to leave, remove their belongings from the unit, or lock them out. These are examples of illegal "self-help" eviction tactics, which can also make landlords liable for damages to the tenant's personal property.
It's also not a good practice within property management to not follow the legal eviction process. Texas Justice of Peace courts would probably rule that you have evicted your tenant "constructively" without following proper procedures, such as serving an eviction notice.
In this article, our team at Limestone Country Property Management 're going to outline the federal or state statute applicable to Texas so that you can ensure you're abiding by Texas law.
1. Eviction Notice
As a Texas landlord, the first step to the proceedings in Texas is serving the tenant with a written notice of eviction. The written notice to vacate must indicate the violation committed as well as the notice period.
There are various notice types. They are as follows:
3-Day Notice to Quit
Paying rent is the key exchange between a landlord and their tenants. If a tenant fails to pay rent or consistently pays rent late, a landlord may move to evict the tenant from the rental unit before the end of the lease term.
As per the laws, payment becomes late after the due date is surpassed by 2 full days. Once it becomes due, you must serve the tenants with this notice. You can also serve this notice if your tenant refuses to vacate after the term on their rental lease agreement has ended.
This gives the tenant only one option: to leave or get served with an eviction suit, which may include the filling of legal documents to initiate the process. The eviction process must strictly adhere to Texas law, which outlines the steps landlords must follow to ensure a legal and valid eviction.
Landlords must understand Texas law, which includes serving the appropriate notices to tenants and filing the correct paperwork to properly handle a lease violation.
The lease agreement clearly defines the expectations between the landlord and tenant, and any breach of those terms can lead to eviction proceedings. Failure to comply with the lease terms may also result in tenant defenses, which could complicate filing the eviction process.
If the tenant doesn't vacate the rental unit within the 3 days of the end of the rental period, you can proceed with the evictions process.
3-Day Notice to Vacate
As part of the process of filing for an eviction, you, as a landlord or a property owner, must serve a notice to vacate to a tenant who has violated the terms of the agreement. The lease violations that fall under this category include illegal property alterations and excessive property damages. This is especially true if the alterations violate the building or housing codes in Texas or the Texas property code.
Once you, the landlord or the property owner, file a notice to vacate, if the tenant doesn’t move out within the specified time, you can proceed with the formal eviction process from that rental unit.
The filing of eviction process must strictly adhere to Texas law, which outlines the steps landlords must follow to ensure a legal and valid eviction. Always make sure to give proper notice to evict tenants, or you may get into trouble with the Texas courts for not following the proper law.
30-Day Notice to Quit
You must serve this notice to a tenant if the
property is being foreclosed upon. Similar to the previous notices, the tenant doesn't have the option to 'fix' the lease violation. However, you cannot move any of the tenant's property by yourself. The notice period depends on the reason for the eviction.
If the renter continues staying in the rental premises after the 30 days are over from the beginning of the initial period of notice, as a Texas landlord, you can continue with the eviction process in Texas but without forcible entry.
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If necessary, the landlord may eventually file an eviction lawsuit against the tenant to regain possession.
Though it may cause you stress when considering an eviction lawsuit, as a landlord, it can be in your best interest to do so, especially if the renter never pays rent or breaks the terms of the rental agreement.
The eviction process must strictly follow the law to ensure you have the proper grounds to take back possession. Any person who fails to comply with the legal requirements during the eviction process could face penalties.
2. Complaint Filing and Service
The next step for a landlord is to file a complaint. To do this in Texas, you must serve the tenant in question with an eviction suit. As a landlord you must do this in the appropriate justice court: the Justice of the Peace Court. Filing fees will cost you about $46.
The sheriff or constable of the county court will then serve the tenant with a copy of the summons and complaint either by delivering a copy of the summons to the tenant in person or by leaving a copy with other tenants who are at least 16 years old
This must be done 6 days before the court date.
3. Court Hearing & Final Judgment
Once the landlord filed the complaint with the justice court and after court costs, the hearing will take place between 10 and 21 days later. While not a requirement, the defendant (tenant) can file a written answer with the justice court. If the tenant files a written answer it is likely that the tenant disagrees with the eviction charges.
Both parties have the legal right to request an attorney.
It's Texas law, that if the tenant chooses not to appear at their eviction hearing, usually the judge rules default judgment in favor of the landlords. You may then request the court for a writ of possession, which you must take to the sheriff for execution.
Sometimes, though, the tenant may choose to fight eviction suits. By law, both the landlord and tenant have the right to an attorney when appearing before the judge. According to local or federal rules, the tenant may allege any of the following:
1. Discrimination
The Texas Fair Housing rules prohibit any form of discrimination on housing-related matters. The protected classes include religion, sex, color, race, familial status, national origin, and disability. It is illegal to request an eviction simply because the tenant belongs to the protected classes.
2. Failure to Maintain the Unit
Landlords must ensure rental units meet habitation standards, and must not ignore the tenant when they request repairs. This can give your New Braunfels tenant a few legal options, such as choosing to withhold further rent payments. In this case, you wouldn't be able to evict them from the rental property for failure to pay rent but you cannot start the process immediately.
3. Evicting a Tenant Illegally
This means that you have insufficiently given the tenant notice or used self-help measures to evict a tenant. In Texas, only a justice court can handle tenant removals. Using "self-help" tactics, such as locking the tenant out of their unit, shutting off utilities, or removing their belongings, would all be illegal. Using any method other than an eviction suit is considered an illegal means of removal and lacks the fulfillment of any notice requirements.
4. Not Following Proper Protocol
When carrying out an eviction, you must follow specific rules and guidelines. For example, you must first have a legal cause and serve the tenant with the appropriate notice. Eviction protections are put in place not only to protect you, as a landlord, but also your tenant.
4. Writ of Possession
A writ of possession is the tenant's final notice to leave the rented premises. Basically, it's a notice to vacate. A writ of possession gives the tenant an opportunity to remove their belongings before forced entry and eviction by the sheriff or constable.
If the lawsuit is successful, landlords can recover possession of the property, damages, and reasonable attorney's fees.
After the landlord wins the ruling in the eviction suit, the court will issue the writ of possession within 6 days. You'll then need to hand over the writ of possession to the sheriff or constable for execution. The tenant will then have no more than 24 hours to move out after the writ of possession process takes place.
Bottom Line
Following the legal eviction process when removing a tenant from your property isn't an option, it's a requirement. Whether you need to evict month-to-month tenants, a holdover tenant, or a tenant late to deliver one month's rent, you need to follow the proper procedure of an eviction suit. Failure to do so will not only stall the eviction process but will also mean serious repercussions for you.
For further help, consider hiring expert legal services or an experienced property management company. Property managers can help you with everything from placing tenants in your unit, to lease agreements, to the eviction process and court costs.
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Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state or Texas law help. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regard to this content.
