Wrongful Eviction in Texas

Eviction laws in Texas recognize illegal evictions. For example, it is illegal for landlords in Texas to evict a tenant because of their race, gender, national origin, disability, or family status. It is illegal for a landlord to evict a tenant because they have requested maintenance or complained about conditions in their unit, e.g., a lack of heat in winter or pest infestation.

If a landlord does not follow the correct legal procedure for effecting an eviction, the eviction may be illegal. A legal consultation in Texas would help both a tenant and a landlord understand the requirements of the Texas eviction process.

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. They would obtain a writ of reentry if their landlord forced them out of their rental unit without using the legally sanctioned eviction process in Texas.

For example, if a landlord simply changes the lock on the door to enter a rental unit without giving the tenant a key, this would be an illegal or wrongful eviction. In addition to the writ, the tenant would be able to recover one month’s rent plus $1000, actual damages, court costs, and attorney’s fees from their landlord.

A lawyer might take a case for illegal eviction on a contingency fee basis, but Texas law greatly limits the damages that an illegally evicted tenant may recover from a landlord. This could make it more difficult to find a lawyer to take the case on a contingency basis.

What Are Some Examples of Wrongful Eviction?

An example of illegal eviction is an eviction that a landlord makes to retaliate against the tenant for doing something they have every right to do. For instance, there might be pests in a tenant’s rental unit, e.g., rats or cockroaches, and the tenant may ask the landlord to do something about the problem.

If, instead of taking steps to eliminate the infestation, the landlord serves the tenant with a notice to vacate, this could be a wrongful eviction. The tenant has the right to bring the problem to the landlord’s attention and the landlord should not evict the tenant, but should rather address the pest problem.

If the landlord persists in the eviction, the tenant could file a wrongful eviction lawsuit.

What Does the Eviction Process Involve?

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 file an eviction lawsuit before they have given the tenant this notice in writing.
  • Federal law requires that a landlord give a tenant notice of at least 30 days in some evictions. If the property participates in certain federal programs or the property owner has a federally-backed mortgage, then the landlord must give notice of at least 30 days. Other types of notice are available to landlords also.
• Filing of Eviction Lawsuit: If the tenant does not vacate the rental premises in response to the notice to vacate, the landlord may file a petition for eviction in the Texas justice court of the county in which 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: After the trial, a judge or a jury renders a judgment for one of the parties. After the judgment has been issued, there should be a 5-day pause in the legal action. In this period of time, the losing party may appeal the judgment if they are not satisfied with it.
• 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 is in the landlord’s favor, the landlord may request issuance of a writ of possession.
  • Before executing the writ and evicting the tenant, local law enforcement is required to post a notice of the coming eviction at least 24 hours before they do it. After expiration of the notice period, law enforcement may remove the tenant and their belongings from the unit in question.

If a tenant receives a notice to vacate, the first thing they want to do is contact the landlord. The notice may have been issued in error. And if there is some deficiency on your part, it may be possible to remedy the situation without eviction proceedings. If you do reach an agreement, it is a good idea to get it in writing, so the landlord cannot later back out of the deal.

How Can I Sue a Landlord for Illegal Eviction?

A tenant who has been wrongfully evicted may sue a landlord in Texas. Of course, a tenant would want to consult two or more Texas lawyers about the case before proceeding. There may be situations in which it would be most advantageous to avoid a lawsuit and just move to a new resident. There are two steps a person should take before filing a lawsuit as follows:

• Discuss the problem with the landlord: This may not be possible in all cases, but if it is, this would be the best first step. It might be possible to resolve the problem.
• Send the landlord a demand letter. If discussion with the landlord does not resolve the problem, a tenant could write a demand letter. In the letter they would explain the issue and its effects, any efforts the tenant made to solve the problem, and their intention to pursue legal action if the issue cannot be resolved.
• File a complaint: In Texas, a complaint for illegal eviction should be filed in the justice court in which the rental unit is located. Of course, the complaint must be served on the landlord.

If the problem in the rental unit involves a building code, the tenant might be able to submit a complaint to the government agency that enforces building codes.

How Much Can I Sue a Landlord for Wrongful Eviction?

Landlord-tenant law in Texas specifies the damages that a tenant may recover in an illegal eviction lawsuit. A tenant who has been illegally evicted may be able to get a writ of reentry from a justice court in Texas. This writ would give them the legal right to return to their home.

In addition, the landlord could be liable for one month’s rent plus $1000, actual damages, court costs, and attorney’s fees. Actual damages would be reimbursement for any losses the tenant sustained as a result of the eviction. For example, if a tenant had to pay for housing elsewhere while a problem existed in their home. They could recover the cost of that housing in an illegal eviction lawsuit.

What Is the Statute of Limitations for Suing a Landlord for Wrongful Eviction in Texas?

A tenant generally has 4 years to file a lawsuit for breach of a lease agreement, which could be the basis of an illegal eviction lawsuit. However, a tenant does not want to wait. As soon as they believe they have grounds to sue their landlord for wrongful eviction, they should consult a Texas lawyer about how to proceed.

Are There Any Defenses To Wrongful Eviction Lawsuits?

A landlord can certainly claim that they have not evicted a tenant because they have a member of a protected class. They would try to show that they have a valid reason for evicting the tenant and that they have followed all of the steps of the legal eviction process in Texas.

Do I Need a Lawyer for a Wrongful Eviction Lawsuit?

If you have been wrongfully evicted from your residence, you need to talk to a Texas landlord tenant lawyer. LegalMatch.com can put you in touch with a Texas lawyer who can analyze your case and advise you on how to proceed to get the best result possible.