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How to Evict Someone in Texas: A Landlord's Guide

This article explains step-by-step how to evict someone in Texas. "Eviction" is the process to legally remove a tenant, guest, or squatter from your house. Starting an eviction case is time-consuming, but sometimes it is necessary. Texas law grants tenants, guests, and squatters certain rights to remain on your property. That is true even if they ignore your request to leave. The law requires property owners to follow Texas eviction law to remove the unwanted occupants.

Understanding Occupancy: Tenant vs. Guest vs. Squatter

A tenant agrees (either in writing or orally) to pay rent in exchange for living on the property. Indeed, written leases work best, but you can also enforce oral leases. However, proving oral leases can be challenging. Specifically, a written lease typically ends on a specific date, while oral leases generally go month-to-month.

Moreover, unless the landlord or tenant provides written notice of termination, most written leases renew automatically at the term's end. Furthermore, a lease can end on a specific date, through mutual agreement, or by eviction. Importantly, if a tenant breaks the lease, usually by not paying rent, the landlord can end the lease early.

Additionally, a guest is someone you've allowed to stay temporarily, often a friend or relative. Consequently, if a tenant's guest overstays, the tenant can evict them. Also, if the guest stays too long, violating the tenant's lease, the landlord might request the guest to pay additional rent or evict them as an unauthorized occupant. Therefore, you have the right to evict a guest from your home if they overstay their welcome without your permission and refuse to leave after receiving proper notice.

Lastly, squatters occupy property without permission, typically targeting vacant properties. However, you can't simply force a squatter out. Notably, squatters can gain legal rights to the property through "adverse possession" if they stay long enough. Thus, to remove them, you must proceed with the eviction process.

Step-by-Step Eviction Process in Texas

Step 1: Written Notice to Vacate

In order to evict someone in Texas, the first step is always to make a written demand to vacate the premises--whether that person is a tenant, guest, or squatter. The Texas Property Code sets out the notice period required for each situation. Failure to provide proper written notice can result in dismissal of your case, and you have to start all over. The rules for providing notice are contained in Tex. Prop. Code 24.005.

The length of notice required depends on several factors, including:

  • whether there is a written lease or an oral lease;
  • whether the lease is for a specific term (e.g. 1-year) or month-to-month;
  • whether the written lease specifies a notice period; and
  • the grounds for eviction (usually nonpayment of rent).

 The general rule for tenants and squatters is 3-days' notice, but the terms of a written lease may provide for a longer or shorter notice period. When a landlord simply wants to terminate a month-to-month lease, the notice period is 30-days. That notice period also applies to guests.

Step 2: Filing the Eviction Lawsuit

You must file an eviction lawsuit in the Justice of the Peace Court for the precinct where the rental property is located. The court will dismiss your case if you file it in the wrong court. While some courts offer generic forms to file an eviction case, an experienced eviction agent can create a customized eviction petition based on your case's specific facts. Tex. R. Civ. P. 510.3 outlines the rules for an eviction petition.

By filing an Immediate Possession Bond, a landlord might speed up the property recovery process. The eviction court determines the bond amount, which usually amounts to around $1,000. This bond allows the landlord to regain possession rights immediately after the eviction hearing, but this only happens if the tenant neither files a written answer to the eviction lawsuit nor appears for the trial.

The court will ignore an Immediate Possession Bond if the tenant either files a written answer or shows up for trial.

The requirements of an Immediate Possession Bond are contained in Tex. R. Civ. P. 510.5.

Step 3: Serving the Eviction Petition

The tenant must be served with the eviction petition and court citation.. The local constable or other process server will serve the tenant. In-person service is preferred, but other methods of service are available, if necessary--such as when there is a locked gate or a guard dog. The rules for service of process are contained in Tex. R. Civ. P. 510.4.

Step 4: The Eviction Trial

Eviction trials can take place before a judge or jury, and either the landlord or the tenant has the right to request a jury trial. Significantly, the landlord must demonstrate the right to evict the occupant. This process requires presenting admissible evidence at trial, such as documents, photos, and witness testimony. to prove the eviction facts.

Therefore, the landlord takes on the crucial role of proving the case, whereas doesn't need to prove anything. Landlords have the option to represent themselves, yet this approach isn't usually wise. Often, tenants come to trial accompanied by a lawyer. Consequently, a landlord not well-versed in eviction laws and court procedures might find themselves at a noticeable disadvantage when facing an eviction defense attorney. In fact, an experienced eviction agent can represent your interests in court more effectively than you could on your own.

The Final Steps: Vacating or Appealing

After the eviction trial, tenants usually vacate the premises voluntarily. The court will grant them 5 business days to do so. The landlord may obtain a Writ of Possession to forcibly remove an evicted occupant who refuses to leave. A small fraction of tenants will actually file an appeal to delay the eviction process. Eviction appeals are technical and involve short deadlines that are easy to miss. An experienced eviction agent may get an appeal dismissed because the tenant missed a deadline or failed to meet a requirement.

If an appeal is not dismissed, the case will be transferred to the County Court-at-Law for a new trial. In that case, it is especially important to understand eviction appeals in order to resolve the case within a matter of days instead of allowing the case to linger for months. Texas Eviction Team will represent you in an eviction appeal to ensure your case is resolved as quickly as possible.

Why Choose Texas Eviction Team?

At Texas Eviction Team, we understand the intricacies of eviction in Texas. Our team of skilled eviction agents provides the expertise and knowledge to effectively navigate the often-complicated eviction process. When required by law, one of our contract attorneys will represent you at no additional cost. However, in most cases, we offer a cost-effective alternative to attorney representation without compromising on results.

Facing an eviction scenario can be stressful, but you don't have to go through it alone. Contact Texas Eviction Team today for a free eviction consultation to find out how we can help you in reclaim your property swiftly and legally.

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