Explainer: The eviction process in Texas
With the lifting of eviction moratoriums nationwide, some landlords such as yourself may be in need of a quick refresher on the eviction process — especially if you’re dealing with some problem tenants.
Evictions are part and parcel of property management, whether you’re in Texas or elsewhere. So it’s important to be knowledgeable of every step of the process to ensure the best outcome for all parties involved. Here’s what you need to know.
Terminating the tenancy is required before the actual eviction
Depending on how smooth proceedings go, it can take days or even months to successfully evict a tenant. It doesn’t happen overnight. According to Texas law, landlords must first legally terminate the tenancy before a tenant is compelled to leave the property premises.
To do that, a written notice to vacate must be sent to the tenant, giving them three days to move out — unless the lease agreement says otherwise. If your property was purchased with a federally-backed mortgage, a tenant has 30 days to move out of the property.
If the tenant doesn’t act or respond within a particular time frame, then you can begin filing an eviction lawsuit (also called a forcible detainer suit).
Termination of tenancy can happen with or without cause
A notice of termination with cause applies if the tenant has failed to pay rent or violates any part of the lease agreement. As the landlord, you’re not required to offer an option for the tenant to rectify any committed violations.
A notice for termination without cause, on the other hand, is not as straightforward. You have to first take into account if the tenancy is on a month-to-month or fixed-term basis. Below are the possible scenarios that may apply:
- For month-to-month tenants that pay per month. They have one month from the notice of non-renewal or termination to move out of the property.
- For month-to-month tenants that pay twice or more in a month. The number of days’ notice depends on the frequency of rent payments. So if a month-to-month tenant pays rent every 15 days, for example, the landlord is required to give 15 days’ notice.
- For fixed-term tenants. There’s no way to terminate tenancy for fixed-term tenants before the expiry of the lease agreement. But you’re not required to serve notice about your intention to not renew the lease — unless of course the lease agreement compels the landlord to do so.
- For holdover tenants. Tenants who refuse to move out after lease expiry become holdover tenants. The harsher three-day notice to vacate can be served to holdover tenants.
Tenants can mount a legal defense to eviction
Tenants will put up a defense against eviction if they believe the landlord’s reasons are unjustified. It’s important to anticipate this potential scenario if you want to ensure the eviction process goes on without any major setbacks.
The typical defenses to eviction include:
- Improper service of notice. A tenant may allege that a landlord didn’t strictly follow the rules when serving the written notice to vacate. For example, if the landlord didn’t give sufficient days’ notice, there is a valid argument to stop the eviction process.
- Filing an eviction lawsuit prior to or concurrent to serving notice. A tenant can win an eviction suit if they successfully prove that the landlord prematurely filed an eviction lawsuit. This is why it’s extremely important for landlords to strictly follow the mandated timelines and rules around eviction.
- Illegal reasons for eviction. A tenant can also defend against eviction if they have proof that the landlord’s reasons for evicting them are illegal. For instance, evicting someone on the basis of their class, beliefs, or race is untenable in an eviction lawsuit.
- Inability to maintain habitable living conditions. A tenant can succeed in challenging the eviction if they can prove that the landlord has failed to provide habitable living conditions.
Landlords can’t remove tenants right away following a writ of possession
If all goes well with the eviction suit and the court has delivered final judgement in your favor, you can request a writ of possession. A 24-hour notice must be served before executing the writ and re-possessing the property.
Do remember that even though you win the eviction suit, you cannot remove the tenant by yourself. Only an officer of the law, duly authorized by a judge, can physically remove tenants and their belongings.
If you manage property in Texas and require further assistance, get in touch with Berkshire Hathaway HomeServices Caliber Realty. BHHS Caliber has experienced agents who can assist you in both residential and commercial real estate. Contact 979.694.8844 or send an email to sales@bhhscaliber.com to learn more.
References
https://www.nolo.com/legal-encyclopedia/the-eviction-process-texas-rules-landlords-property-managers.html
https://guides.sll.texas.gov/landlord-tenant-law/eviction-process
https://www.legalshield.com/renters/eviction-defenses
https://www.khirallahpllc.com/legal-blog/your-rights-in-fighting-an-eviction-in-texas/
