Residential rental properties can be an incredibly lucrative venture for any landlord as they provide a stable passive income and have the potential to appreciate significantly over time. However, there are also plenty of risks associated with owning a rental unit. One of the biggest dangers a landlord may face is dealing with problematic tenants.
Unsuitable renters can cause damage, disputes, holdover tenancies, and loss of rental income. Ideally, when an issue with a tenant comes up, you want to solve it amicably. However, when this doesn’t work, it’s time to begin the eviction process.
Evicting a tenant can be a time-consuming and stressful process. Thankfully, the experts at Abilene Leasing & Property Management have put together this guide to explain what the eviction procedure is like in the state of Texas!
Understanding the Eviction Process in Texas
As a landlord in Texas, you have the right to request an eviction and make use of any tenants security deposit's if they break the terms of the contract, cause property damages, or fail to meet any requirements you’ve set. However, expelling tenants from your rental property is not as simple as you request them to leave. The tenant may appeal.
You must follow the eviction procedure which, in Texas, can typically, takes between 1 and 3 months from start to finish. That said, the length will greatly depend on the reason for eviction and whether the tenants contests it. Furthermore, if the tenant requests a continuance or jury trial with a judge, the process can be much longer than appeal.
The Steps of the Texas Eviction Process
Here are the steps in the eviction procedure in the state of Texas:
Step 1: Legal Cause for Evicting a Tenant in Texas
Under landlord-tenant law, a landlord can only terminate a lease early and evict while avoiding an eviction lawsuit, a tenant if they have valid reasons to do so. In the state of Texas, the only valid reasons for evicting a person are the following:
- The tenants failed to pay rent to the landlord, stated in the agreement and have made no attempts to make up for what they owe.
- The tenants’ rental agreement has expired but they’ve continued to live on the property without a new lease
- The tenant has violated the terms of the rental agreement and/ or caused excessive property damage as prior agreed upon with the landlord.
Step 2: Serving a Tenant with an Eviction Notice
Once you have determined the valid reason for removing the tenant, a landlord can serve their tenant with written notice to vacate the premises and the eviction proceedings will officially begin.
The notice must be placed in a sealed envelope with the tenant’s name, address, and contact information. In order to be valid, the written notice must be delivered in any of the following ways:
- The notice must be hand-delivered it to the tenant or any person over the age of 16 on the premises.
- Hand-affixing the proper notice to the property’s main entry door. The envelope should have the words “IMPORTANT DOCUMENT” written somewhere visible.
- The notice must be mail-delivered from a post office in the same county as the rental unit.
- The notice must be posted on the exterior of the property’s main entry door, in addition to sending a copy to the tenants by mail.
Once you know for certain that your tenant has received the notice, you can wait for them to vacate the premises willingly or continue with the eviction proceedings.
Note that the eviction notice period will depend on both the reason for the eviction and the length of the tenant’s lease. For tenants that have failed to pay rent or have breached the terms of the lease agreement, a landlord must provide at least a 3 days’ notice to vacate the premises. which should be stated in the eviction notice.
Meanwhile, tenants with no lease or whose lease agreement has expired must be given at least 30 days’ notice to vacate. In the state of Texas, the landlord is not required to give tenants the opportunity to cure their lease violation before the landlord files the process.
Step 3: Filing an Eviction Petition
Ideally, tenants will leave the rental after receiving a notice to vacate the premises. However, if this doesn’t happen, a landlord can continue the eviction by filing a petition with the Justice of the Peace Court in Texas.
After filing the petition, the court with set up a date for an court eviction hearing date. The court eviction hearing typically takes place between 10 and 21 days after the landlord files the eviction petition. During the court hearing date, both parties w ill be able to present their case. If the tenant fails to show up to the eviction lawsuit hearing, the court will rule in favor of the landlord.
Step 4: Obtaining a Writ of Possession
If the court rules in favor of the landlord during the legal process, they will issue a Writ of Possession. This writ of possession serves as the evicted tenant’s final notice to vacate the premises. If the tenant remains within 24 hours of court, the local sheriff or constable will remove them from the rental. A day after obtaining the Writ of Possession, the landlord will have once again full ownership of their residential rental property, ultimately finalizing the eviction with the writ of possession that cannot appeal. Keep in mind any reasonable attorney's fees.
Bottom Line
Familiarizing yourself with the eviction in your state can go a long way. By understanding the valid causes for eviction and the steps for expelling a tenant, you’ll be able to remove problematic tenants more easily and returning any personal property. Moreover, understanding the process will help you keep your real estate investment protected!
Do you have more questions about the evictions in Texas? Contact Abilene Leasing & Property Management! With our property management services, we can help you maximize your return on investment and care for your rental business.
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. 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 regards to this content or any other aspect of your property management needs.