Being a landlord can be a nightmare. Despite your best efforts to find a good tenant for your Texas house, you may end up with tenants breaking one of the lease terms. You may have grounds to end the tenancy early if your renter violates the terms of the lease or doesn’t pay rent, but you must do so using the proper legal channels. Knowing your rights as a landlord and the eviction process in Texas is necessary when dealing with tenant issues. This post will walk you through evicting a renter in Texas.
How Does Eviction in Texas Differ From Other States?
A notice to vacate is a legal document requesting that a tenant leave because they have broken the lease terms. In Texas, you must properly notify your renter in writing before you can begin eviction proceedings. Remember that Texas law is very explicit about how and what must be included in the notice issued to the renter.
What Are the Steps in the Texas Eviction Process?
Step 1: Submit a notice of eviction.
Giving the tenant formal notice to leave the property is the first step in the Texas eviction process. After providing this notice, you have three days to file a lawsuit with the court.
Step 2: File a lawsuit for eviction.
The eviction lawsuit will then be filed with the court as the next step. You have to file the eviction paperwork in the rental property’s precinct.
Step 3: Attend a court proceeding.
The court hearing follows the filing of the eviction lawsuit. Your case against your tenant must be supported by evidence.
Step 4 (Possible): Go through an appeal.
The hearing cannot happen for at least eight days if the tenant appeals to the court. Not every eviction will have to go through this step.
Step 5: File a writ of possession.
You will need to return to court and ask for a writ of possession if they haven’t left in compliance with the judge’s order within five days and they haven’t filed an appeal.
Recap
Evictions can be expensive, time-consuming, and sometimes nasty. It can be better to engage with an attorney who can handle the process on your behalf and ensure that you abide by the law, depending on your circumstances.
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