Texas Eviction Process: Expert Tips for Landlords
Introduction
The eviction process in Texas is very technical and tricky. Evictions done incorrectly lead to bad results. A bad result could mean the judge dismissing your eviction case. In some cases, a bad result could mean the tenant wins, and the judge orders you to pay damages. Anyone filing an eviction in Texas should thoroughly understand the landlord-tenant provisions of the Texas Property Code. The key to a successful eviction is proper preparation, knowledge of Texas eviction process, or hiring an expert to handle it.
This guide covers each phase of the Texas eviction process to help you understand the fundamentals of a successful eviction.
Understanding the Basics of Eviction
Definition of Eviction
Eviction is the only legal method in Texas for landlords to terminate a lease and remove a tenant. Landlords typically begin the Texas eviction process when a tenant violates the lease, such as failing to pay rent, bringing in unauthorized subtenants, or engaging in illegal activities. The ultimate goal of eviction is to terminate the tenant's right to occupy the property and restore the landlord's right to possess it.
Common Reasons for Eviction
The landlord-tenant relationship is based on a contract (the lease), whether oral or written. Consequently, a tenant becomes subject to eviction when they violate a material requirement of the lease. The most common reason for eviction is nonpayment of rent. Other common lease violations include unauthorized subletting, unauthorized pets, property damage, illegal activities, and actions that disrupt the peace and safety of other tenants. Additionally, landlords may initiate eviction if the tenant stays beyond the lease term without renewing the agreement, a situation known as "holding over."
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Legal Requirements and Considerations
Eviction laws vary significantly from state to state, so out-of-state owners of Texas rental properties need to appreciate those differences--which can be very significant. Texas landlords must follow the technical legal processes detailed in Chapter 24 and Chapter 92 of the Texas Property Code. The statutes require landlords to provide written notice, file the eviction lawsuit, present evidence, and meet trial deadlines. Additionally, landlords must avoid prohibited actions before and during the eviction process and follow other essential requirements.
Preparing for the Eviction Process
Review the Lease Agreement Thoroughly
The lease is the binding contract outlining the rights and responsibilities of both landlord and tenant. Before starting an eviction, review the lease to confirm violations, understand notification requirements, and accurately calculate any late fees. Identify each of the specific provisions of the lease that pertain to the eviction.
Gathering Necessary Documentation
Documentation to prove your case is critical. As the landlord, you have the burden of proof at trial. As a result, the tenant does not need to prove anything unless they present a defense to the eviction. For example, in an eviction for nonpayment, the landlord must prove the tenant failed to pay the rent. If the landlord incorrectly accounts for missed payments, such as failing to properly credit the tenant's account for all payments or miscalculating late fees, the tenant may, therefore, raise a defense of "payment." It would then be up to the tenant to present evidence at trial to prove the total payments made.
Gather all relevant documents, such as the lease agreement, rental application, rent payment records, communication logs, and any prior notices sent to the tenant. Photographs, videos, and witness statements are also invaluable, especially for evictions due to property damage or illegal activities. Thorough preparation is crucial to a successful eviction process.
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Communication with the Tenant
Open communication can sometimes resolve issues without the need for formal eviction proceedings. Contact the tenant to discuss the issue and explore solutions, such as negotiating a payment plan for overdue rent or resolving lease violations amicably. Email and text messaging are best because there will be a written record of the conversations. Be sure to document all phone calls and in-person conversations with the tenant by taking notes (including date and time).
You can introduce text messages and emails as evidence in the eviction trial. Additionally, written notes of your conversations can help refresh your memory when testifying in court. You can also present your communication with the tenant as evidence to demonstrate your efforts to resolve the issue before pursuing eviction.
Serving an Eviction Notice
Types of Eviction Notices: Pay Rent or Quit, Cure or Quit, Unconditional Quit
The contents of the required pre-suit notice to the tenant depend on the grounds for the eviction and the landlord's preference in removing the tenant versus rehabilitating the tenant. In summary, the landlord may choose to allow the tenant to stay if the tenant resolves the lease breaches within a specific deadline, but the landlord is not obligated to do so. Specifically, when a tenant has a history of nonpayment or other violations, the landlord may terminate the lease without offering the chance to cure the default.
- Gives the tenant a specific deadline to pay overdue rent & late fees or to vacate the premises
- Requires the tenant to correct a lease violation by a specific deadline or to vacate the property
- Demands that the tenant vacate the property without the opportunity to remedy the payment default or other material lease violation
The landlord must give the tenant sufficient time to meet the notice requirements, regardless of the type of pre-suit notice. The compliance period depends on the lease's notice provisions and the applicable Texas Property Code for your eviction case.
How to Properly Serve an Eviction Notice
In every eviction case, landlords must properly serve the eviction notice before filing an eviction lawsuit. If you do not meet the technical notice requirements, the eviction court will dismiss the case every time. Landlords unfamiliar with Texas eviction law often have their cases dismissed one or more times due to errors in the pre-suit eviction notice.
In certain cases, landlords may post the eviction notice on the main entry door, provided other legal requirements are met. The rules for posting notice on the rental property are in Texas Property Code §24.005.
In Texas, landlords can deliver notices personally, leave them with someone over 16 at the property, post them, or mail them. In certain circumstances, the landlord may be required to serve the eviction notice using more than one method. Failure to properly serve the tenant an eviction notice that meets all requirements will result in case dismissal.
Many clients hire us after their DIY eviction is dismissed due to non-compliance with notice requirements.
Preparing the Required Legal Documents
If the tenant fails to cure the nonpayment (or other lease violations), the next step is to file an eviction lawsuit, known as a forcible detainer suit. The core document in every eviction lawsuit is the Petition for Eviction. Careful attention is required when preparing the Petition for Eviction, as it must be accurate, and Texas law mandates that it be filed under oath. In other words, the landlord must swear, by their notarized signature, that the allegations made in the petition are true. Misstatements in the Petition for Eviction may subject the landlord to the penalties of perjury.
The landlord should also prepare and file all of the documents to use as trial evidence, including:
The Petition for Eviction and the trial exhibits must be filed in the correct court, along with payment of all filing fees and other court costs.
Filing the Lawsuit
Filing an eviction lawsuit involves several steps. First, the landlord must determine the correct jurisdiction in the justice court. Each eviction case must be filed in the correct court—the justice of the peace court in the precinct where the rental property is located. The case can only be filed in that specific court and nowhere else. That court may or may not be the justice court closest to the rental property. Eviction cases are often dismissed due to filing in the wrong justice precinct.
Justice court precincts and voter precincts are not always the same thing.
When the Petition for Eviction and other documents are ready for filing, complete the court's required forms, pay the filing fees and process server fees, and file the eviction case with the court clerk. The Constable's office for that justice precinct will serve the documents on the tenant at the rental property. The court will set the case for trial. In most evictions, the trial date will be within three weeks after filing the case. Read more about filing an eviction here.
Fees and Costs to File an Eviction Case
Filing an eviction lawsuit incurs costs, including court filing fees and service fees, for the Constable's office to serve court documents to the tenant. The filing fee is the same throughout the state of Texas. However, the Constable's fees for serving documents vary significantly from county to county and even among Constable precincts within the same county. Additionally, some eviction courts tack on other fees (such as copying costs) when filing the case. These costs can vary, so it is advisable to budget accordingly. If the court grants the eviction, the landlord will be awarded all or a portion of the court costs in the eviction judgment.
Attending the Court Hearing
Do I Have to Attend the Eviction Trial?
A landlord in a DIY eviction will have to attend the eviction hearing. In most cases, including eviction for nonpayment of rent, the landlord will not need to attend the hearing if an eviction agent or a lawyer represents them. The facts of each case are different. In certain situations, the landlord's presence at the eviction trial may be required, even if they are represented.
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How to Prepare for the Eviction Hearing
Preparation is critical to a successful court hearing. Organize all documentation and evidence, including the lease agreement, notices, payment records, tenant correspondence, relevant photographs, and any other proof for the case. Prepare a clear, concise statement detailing the reasons for the eviction, the landlord's compliance with notice requirements, and how the tenant violated the lease terms. Preparing thoroughly before trial strengthens the landlord's case and ensures that all necessary evidence is properly presented to the court.
Presenting the Eviction Case: Evidence and Witnesses
The landlord or the landlord's representative should present evidence logically and professionally during the hearing. They must be prepared to answer questions from the judge and the tenant. If applicable, all witnesses supporting the landlord's case should be at the hearing. Those witnesses may include neighbors, property managers, bookkeepers, or maintenance personnel. Their testimony can bolster the landlord's case, providing key evidence and additional credibility.
Most eviction cases proceed to trial without a jury. However, either the landlord or the tenant may request a jury trial. Requesting a jury requires submitting written notice to the court and paying the jury fee at least three days before the trial date.
Understanding the Eviction Judgment
The judge will make a decision based on the evidence and arguments presented. If the court grants the eviction, it will issue a judgment awarding the landlord possession, unpaid rent, and court costs. The eviction judgment will grant the tenant approximately five days to either vacate the property or file an appeal.
After the Eviction Judgment
Option #1:
In most cases, the evicted tenant vacates the rental property as ordered and does not file an appeal. Sometimes, the tenant cannot locate and secure a new residence, pack up the house or apartment, and move within the 5-day deadline. Extending the tenant a little extra time usually resolves the problem.
How to Conduct a Stress-Free Eviction
Experienced landlords and property managers know hiring an eviction agent or attorney for the Texas eviction process is cost-effective and efficient. An eviction professional is more likely to resolve the matter as quickly as the law allows.
Landlords should hire an attorney for commercial property evictions where unpaid rent or damages exceed $20,000. These cases require two lawsuits—one for eviction in the justice court and another in county or district court.
For a typical residential eviction, hiring an experienced eviction agent for a flat fee is more practical than spending several thousand dollars on an eviction attorney. Eviction attorneys typically require an initial retainer of $2,000-$2,500, then bill $300-$400 for their work. We have seen landlords pay more than $7,500 for a residential eviction. The landlord only learns the total cost after receiving the final invoice from the lawyer. That can be very stressful.
On the other hand, Texas Eviction Team, LLC handles residential evictions for a flat fee. Our clients know the total cost from Day 1—no surprises. We can achieve the same results for the landlord as an eviction attorney, but we offer the service at a fraction of the cost.
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