Self Help Evictions In Texas

The term eviction refers to the legal process in which a court can order the removal of a tenant from a rented apartment or home. This is ordered based on a request from the tenant’s landlord. The landlord must have a justified and specific reason as to why the tenant should be evicted.

Some common examples of the different reasons why a landlord may wish to evict a tenant from a rental property include:

• The tenant has stopped paying rent for a specific amount of time;
• The tenant or their guests have caused substantial damage to the rental property;
• The tenant has breached the terms of their lease or rental agreement, such as smoking in a non-smoking building or keeping pets regardless of no-pet conditions in the lease; and
• When the tenant does not vacate the property after their lease has expired, and is now considered to be a squatter on the property.

While most eviction actions take place between a tenant and a landlord who are associated with a residential property site, the process can also be used to remove tenants from rented commercial buildings.

When a landlord takes matters into their own hands and evicts a tenant without following the proper legal requirements set out by their specific state’s eviction laws, it is referred to as a “self help eviction.” Self help evictions are illegal, and as such, a landlord can face serious consequences. 

An example of a self-help eviction would be if the landlord changes the locks without providing the tenant with a new key, or tosses a tenant’s personal property out on the street after the tenant has repeatedly violated their lease. Another example of a self-help eviction would be if the landlord refuses to pay water or electricity bills in an attempt to force a tenant to move out of their rental unit.

Generally speaking, any actions that would constitute a self help eviction will be considered illegal by a court. As such, if you are a landlord who is being sued for evicting a tenant using methods that would qualify as a self help eviction in your state, you should hire a local landlord-tenant attorney. 

Eviction laws in Texas authorize landlords to lock out tenants as an alternative to judicial eviction.  The Texas eviction process allows a landlord to change the locks on a tenant who is delinquent in paying their rent. Prior to changing the locks, the landlord or their agent must place a written notice on the tenant’s front door, stating the address and phone number of the individual or company from which a new key may be obtained. The landlord is only required to provide a new key during regular business hours, and only if the tenant pays back rent.  

However, there are notable limitations in terms of when self help can be used to evict the tenant.  An example of this would be how the terms of the lease will overrule the state law if there is any conflict.  Additionally, a landlord cannot lockout a tenant if the lockout would breach the peace.

What Can a Landlord Do With The Property The Tenant Won’t Remove Or Left Behind?

In terms of landlord rights to remove property in connection with an eviction, a landlord is not allowed to throw away a tenant’s belongings before they have received an official court ruling. As previously mentioned, removing the tenant’s personal property or changing the locks to their apartment would be considered a self-help eviction which is illegal in all states.

The only instance in which a landlord would be permitted to throw away a tenant’s personal property would be when the court has ordered an eviction, and the tenant refuses to leave. The landlord may alert local law enforcement, who will then remove the tenant from the rental property and can place their possessions on the street.

Should the landlord remove a tenant’s personal property prior to an eviction order being granted, the tenant can sue for illegal possession of property. They may also sue for any associated damages done to the property when caused by the landlord’s illegal actions.

If a tenant leaves behind their property, or refuses to remove it, a landlord generally has three options:

• Obtain a writ of possession in order to have the tenant’s property moved and stored;
• Enforce any statutory or contractual lien rights in order to obtain a lien on rent due; and/or
• Treat the property as abandoned and dispose of it according to Texas law.

Are There any Alternatives to Self-Help Evictions in Texas?

As discussed above, self help evictions are illegal in every state. A landlord cannot use the excuse of a tenant’s awful behavior as a valid legal defense against a claim for self help eviction. 

Alternatively, actions that do not constitute a self help eviction are not illegal. An example of this would be how notifying the tenant that they will be evicted if they continue certain behavior is an acceptable method of informing a tenant that they are about to be evicted. Another example of this would be filing a lawsuit against a tenant for trespassing, if they are squatting in an apartment past their lease.

The following is a list of some examples of self-help eviction alternatives under Texas laws on eviction:

• The landlord and tenant should come to their own agreement, before the landlord sends a formal eviction notice. Or, the tenant should reach out to the landlord immediately after they receive the notice. This is especially true if the eviction is based on missing rent payments. The two parties should attempt to work it out amongst themselves, such as by compromising on a new payment plan;
• If the tenant simply forgot to pay their rent, or is in a situation in which they are now able to pay it, then the tenant should alert the landlord regarding the matter and make the payments. Doing so could prevent the eviction action from going to court, as the reason for the eviction will no longer exist;
• If the parties cannot resolve the matter on their own, they should schedule a mediation session before taking the matter to court; and/or
• A tenant may stop an eviction if they have a valid legal defense against the claim. To do so, the tenant should retain an attorney to argue on their behalf.

If there is a temporary ban on evictions in a specific jurisdiction, such as those enacted during COVID-19, then a landlord will be prohibited from evicting a tenant by law. What this means is that any eviction action taken by the landlord during this time will be considered illegal. Such a ban will apply to both residential and commercial rental properties, until a local governmental official or agency lifts the ban.

Should I Consult an Attorney about Texas Self Help Evictions?

When dealing with illegal eviction in Texas, an experienced Texas landlord-tenant lawyer can help you determine what your legal options are. An attorney can also help you understand your rights and obligations as a tenant, and determine whether you have a legal case against your landlord. Finally, an attorney will also be able to guide you through the legal process, and represent you in court if needed.