Posted in Blog  
  on Feb 09, 2015

What is the Eviction Process in Texas

Do you have a tenant on a Texas rental property that isn't paying or is violating your lease? You'll need to follow these eviction procedures to make sure that you can get that problematic tenant out as quickly as possible.

1. Written Notice Must be Given to the Tenant

The most common reason to start an eviction process is for nonpayment of rent. In Texas, holding over is not a requirement that forces a lease into a month-to-month arrangement if a landlord doesn't want it to do so. A landlord has the right to renew a lease for any reason.

2. If a Tenant Refuses to Leave, An Eviction Notice Must be Filed with the Justice of the Peace Courts

During this process, the burden of proof is on the landlord to show that the tenant is staying at the property beyond the time allowed, not paid rent, or violated the lease terms in some other way. Court approval is necessary before an eviction may take place.

3. Speak With Your Tenant

Texas encourages tenants to speak with their landlords about the reason for an eviction. This is to settle whatever the cause behind the eviction notice may be. If a tenant is able to pay rent that is past due or remove pets that are not allowed, then landlords are encouraged to rescind the eviction notice.

4. The Constable Will Attempt to Deliver the Eviction Notice Papers in Person

In Texas, tenants being served eviction suit papers do not need to be present to receive them. If two unsuccessful attempts are made to deliver the papers, they will be posted in a prominent place on the property in question.

 

5. Tenants May File An Appeal

If the court rules in favor of the landlord, the tenant has 5 days [not business days] to file an appeal and post a bond. If they lose their appeal, then a landlord may receive part of or all of the bond posted to recover costs. Once a Write of Possession is obtained, a landlord may enter a premises and remove all parties and their possessions unless there are adverse weather conditions. By following these steps, landlords will be able to take properly evict a tenant who is out of compliance and avoid ongoing litigation, fines, or penalties for actions that are not allowed.


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