There are a great many very specific rules that govern the eviction process in Texas. A Texas lawyer would be able to provide a landlord or a tenant with more information about the eviction process in that state.
In Texas, it is one of the basic tenant rights that a landlord cannot legally evict a tenant without cause, i.e., legally recognized grounds for eviction. This means that a landlord may not evict a tenant simply because they wish to rent a unit to someone else.
The legal grounds to evict in Texas include the following:
- The tenant’s not paying rent on time
- The tenant’s continuing occupancy after their lease ends
- The tenant’s violating terms of the lease that address issues other than paying rent at certain times, e.g., engaging in conduct that is criminal in the unit.
Depending on the grounds for eviction, the landlord must give legal notice to the tenant that informs them of their violation and gives them the opportunity to fix it. Evictions motivated by such reasons as these are just cause evictions.
What Is the Process for Eviction?
Eviction proceedings do not mean that a tenant will immediately be removed from their home or that a business will be removed promptly from its commercial site. There are several steps in the eviction process. Each one takes a certain amount of time. Until a writ of possession is issued, the tenant can remain in their home or business premises.
- Written Notice to Vacate: Unless a lease agreement provides for a different notice period, a landlord must give their tenant no less than 3 days to leave a rental unit. The landlord cannot initiate a lawsuit before they have given the tenant this 3-day notice in writing.
- Federal law requires that a landlord give a tenant notice of at least 30 days in some evictions. Other types of notice are available to landlords also.
- Filing of Eviction Lawsuit: If the notice to vacate does not motivate the tenant to move out of the rental, the landlord may file a petition for eviction in the Texas justice court. The lawsuit must be filed in the county where the property is located. A trial of the claims in the lawsuit takes place no sooner than 10 days after the lawsuit is filed.
- Trial: If a tenant files an answer to the eviction complaint and challenges the grounds for the eviction, there must be a trial of the issues.
- Judgment: At the conclusion of a trial, a judge or a jury renders a judgment for one of the parties. After judgement, there should be a 5-day pause in the legal action. In this period, the losing party may appeal the judgment if they believe it was issued in error.
- Appeal: This step is optional and does not happen in all cases. If the tenant appeals, the hearing of the appeal happens more than 8 days after it has been filed.
- Writ of Possession: If the final judgment favors the landlord, the court grants the landlord a writ of possession. This would give the landlord the right to finally evict the tenant.
- Before executing the writ and evicting the tenant, law enforcement is required to post a notice of the coming eviction at least 24 hours before they effect it. After expiration of the notice period, law enforcement may remove the tenant and their belongings from the unit.
What Constitutes an Illegal Eviction in Texas?
Eviction laws in Texas also recognize illegal evictions. For example, it is illegal for landlords in Texas to evict a tenant because of their race, gender, or other protected characteristics. It is illegal for a landlord to evict a tenant because they have requested maintenance or complained about conditions in their unit, e.g., lack of heat in winter.
If a landlord does not follow the correct legal procedure for effecting an eviction, it may be illegal. These are some of the types of evictions that are illegal under Texas law. If a tenant is not sure about their own eviction and whether it is legal, a lawyer consultation would be of help.
A tenant who has been illegally evicted may be able to get a writ of reentry from a justice court in Texas so they can return to their residence. In addition, if a landlord is found liable for illegal eviction, the landlord could be required to pay the tenant an amount equal to 1 month’s rent plus $1,000, money to compensate the tenant for actual damages sustained, expenses incurred, and civil penalties.
An additional civil penalty of 1 month’s rent can be included as a remedy, if the landlord prevents a tenant from entering their dwelling unit.
How Long Does It Take To Evict a Tenant in Texas?
Reportedly, an eviction can be completed in as little as 1 to 3 months in Texas. For example, if a tenant leaves in response to a notice to vacate, the eviction has been achieved in a matter of days. However, if a tenant fights an eviction and has grounds for doing so, an eviction might take longer. An appeal of a judgement by either party would be one move that would prolong an eviction.
Find My Lawyer Now!
What Are a Tenant’s Rights During an Eviction?
A tenant has the right to receive notice of legal actions as specified above. A tenant also has a right to fight the eviction by filing an answer to the landlord’s lawsuit and having a trial of the issues. The tenant has a right to present their case at trial to a jury if they wish to have a jury trial. They can appeal the judgment if it goes in favor of the landlord.
What Are Some Other Tips for Tenants When Facing Eviction?
A tenant really should seek out a consultation with an attorney who knows Texas landlord-tenant law. Texas Legal Services Center can help a tenant who does not have the funds to hire a private attorney.
This non-profit entity may also be able to refer a tenant to other places where they might be able to access affordable help, not only an attorney if they need one, but help with accessing affordable housing if that is a problem.
How Can I Stop an Eviction?
A tenant can stop an eviction by filing an answer to an eviction lawsuit and then appearing at the trial of the landlord’s complaint and opposing the eviction with successful legal claims. A tenant wants to remember that they need to present evidence that supports their claims and contradicts the claims of the landlord, if that is possible.
However, a tenant must also remember that if they have not and cannot pay the rent or have otherwise violated the lease, they may have to move.
A tenant would be well advised to consult with lawyers who deal with evictions or at least one such lawyer for guidance as to how to fight an eviction.
Can a Landlord Throw Away My Belongings?
Texas law does not allow a landlord to remove a tenant by force, for example, by doing any of the following:
- Changing the locks without giving notice and access to the tenant
- Shutting off the utilities, e.g., heating, water, et cetera
- Removing and disposing of a tenant’s belongings
- Removing a door or a window.
A landlord can only remove a tenant from a rental unit after they have obtained a writ of execution for the eviction through the formal, legal eviction process. However, once a landlord has a writ of execution, they are legally allowed to remove the tenant and their belongings from a rental unit.
Are There Any Defenses Against Eviction?
As noted above, a tenant may claim that their eviction was an illegal eviction for one of the reasons identified. Or, a tenant may claim that their landlord has failed to follow the eviction procedures established by Texas law. A tenant may claim that they did not act in such a way as to give the landlord reason to evict them legally, and there are no grounds for their eviction.
Do I Need a Lawyer for an Eviction Claim?
Whether you are a landlord or a tenant, you would benefit from legal advice in connection with an eviction. LegalMatch.com can put a person in touch with a qualified landlord-tenant attorney in Texas who can explain all the technicalities of Texas eviction law and help you get the best result possible in your situation.
