How To Prepare For An Eviction Hearing In Travis County

In this article, you’ll discover:

• The documentation you need to bring to an eviction hearing.
• The most common defenses tenants bring forward in eviction proceedings.
• The importance of having an experienced eviction attorney in an eviction hearing.

What Key Documents Landlords Should Bring To An Eviction Hearing?

To ensure a smooth eviction hearing, landlords or their attorneys should bring multiple copies (three to four) of the following key documents:

• The lease
• The petition
• The ledger or list of payments – how much was paid and what day it was paid
• The notice of vacate and a scan of the envelope it went in with the tracking number from the post office along with the tracking results
• The attorney fee affidavit, saying why the landlord should be awarded attorney fees, depending on the type of case
• Pictures or video of damage to the property, if applicable

What Are The Most Common Defenses Tenants Use In Eviction Hearings?

Tenants often present defenses in eviction hearings, but most have no legal impact on the outcome.

1. Personal Hardship: Tenants may claim hardships such as illness, a death in the family, or job loss. While these situations are unfortunate, they do not provide a legal defense against eviction.
2. Property Maintenance Issues: Tenants might argue that the landlord failed to fix something on the property. However, this does not excuse nonpayment of rent and typically does not affect the eviction.
3. Claims Of Harassment: Some tenants allege harassment by the landlord or property manager. While such behavior is inappropriate, it does not serve as a valid defense in an eviction case.

In most cases, the court focuses solely on whether the tenant has complied with the lease terms, particularly regarding rent payments. Emotional appeals or claims about external circumstances rarely influence the legal outcome.

How Should Landlords Respond To Tenant Defenses During An Eviction Hearing In Travis County, TX?

The key is to say as little as possible. Most tenant defenses are irrelevant to the eviction process, and addressing them can distract from the main issue.

Judges may ask unrepresented landlords for their side of the story. In such cases, keep your response brief and focused. Avoid statements like “that didn’t happen” or “that’s not what happened,” as they are unlikely to influence the outcome and may confuse the judge.

Tenants might badmouth the landlord during the hearing—be prepared for it. If you have legal representation, let your attorney handle the proceedings and avoid engaging with unnecessary comments. Staying focused on the reason for the eviction ensures the judge’s attention remains on the facts that matter.

Attorney Richard Cahan is a seasoned lawyer based in Pflugerville, TX, who has helped clients navigate the intricacies of landlord-tenant law. He has proven experience and received local recognition for assisting Central Texas landlords like you with the eviction process, helping them quickly and safely take re-possession of their property.

Still have questions? Ready to get started? Contact the Law Office of Richard Cahan today at (512) 829-6100 to schedule an initial consultation.

How Can A Landlord Improve Their Chances Of A Favorable Eviction Ruling?

Documentation is the key to success. Ensure you have the following:

• The Lease: Clearly outline the terms agreed upon.
• The Ledger: Provide a detailed record of payments made and any outstanding balances.
• The Notice To Vacate: Include a copy of the notice and proof of how it was delivered (preferably by mail).

In a non-payment of rent case, focus solely on the documentation that supports your claim. Avoid unnecessary details or arguments that could distract from the core issue.

Why Is It Important To Have An Experienced Landlord-Tenant Attorney At An Eviction Hearing?

An attorney’s primary role is to ensure everything is done according to the law, meets the judge’s expectations, and addresses any legal issues with the appropriate arguments.

One of the greatest values I bring is that the judges know me. After 10-15 years in this field, I’ve built a reputation with them. They know that when I say something, it’s truthful, and that goes a long way.

Having a good reputation in the courtroom makes a significant difference in how a case is handled. When a tenant claims the landlord did something wrong, the judges trust me to provide an honest and accurate response. 

How Should Landlords Conduct Themselves In Court?

If you have an attorney handling your case in Justice Court, the best strategy is often not to attend the hearing. Your presence is typically unnecessary unless a specific question arises that only you can answer.

If you’re representing yourself, here are some key tips:

1. Dress Appropriately: Dress neatly and professionally. Some courts, like Travis County Court, have dress codes. Avoid wearing shorts or anything too casual, as it could reflect poorly. Err on the side of dressing nicely to show respect for the court.
2. Speak Minimally And Respectfully: Say as little as possible and maintain a respectful tone. Let the tenant speak without interrupting them, even if their statements are inaccurate or inflammatory.
3. Avoid Arguments: There’s no need to combat the tenant’s claims or argue. Focus on the facts—your position is supported by documentation, such as nonpayment of rent. The judge will decide based on the evidence, not on emotional exchanges.

By maintaining professionalism and avoiding unnecessary conflict, you can present yourself favorably and keep the focus on the merits of your case.

Still Have Questions? Ready To Get Started?

For more information on How To Prepare For An Eviction Hearing In Travis County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 829-6100 today.