Need To Evict A Tenant In Texas?

On What Grounds Can I Legally Evict A Tenant In Texas?

Fortunately for landlords in Texas, the possible legal grounds for eviction are broad, starting with significant violations of the lease.

Has Your Tenant Failed To Pay Rent For Several Months Or Longer?

The most common reason you can legally evict a Texas tenant is non-payment of rent. In Texas, there is no right to cure (forcing a renter to pay all back rent owed to avoid eviction) unless the lease provides for it, which is rare. In recent times, with COVID, we had to ensure we were complying with eviction laws. Now that most COVID orders are over, non-payment will return to being the main reason we file an eviction.

In Texas, rent is due, almost universally, on the first of the month. Some leases provide differently, so we must review each lease before deciding how best to proceed. Even if the lease has provisions for late fees, that has nothing to do with rent being due. Rent is due on the first of the month, and you can start the eviction on the second, refusing to accept late payment.

What Other Grounds Are Worth Evicting A Tenant Over?

Other lease violations that are legal grounds for eviction include things like unauthorized occupants or pets.

That said, we always encourage you to look at these situations from a financial standpoint. Is it worth evicting the tenant for these issues? You will not receive rent for that period and will have to find a new tenant. Are these issues worth the financial hassle? It is our duty to look out for you as the landlord, but we cannot make the decision for you.

No matter what you decide, we will move forward however you wish.

Why Are Evictions So Time Consuming And Expensive In Texas?

Given how clear your rights are as a landlord, you might think an eviction would be as simple as summoning the cops and a locksmith to your property. Unfortunately, there are still some Tennant strategies and rights you have to contend with, which can make the process expensive and time-consuming.

What Will Happen If I Try To Evict A Tenant Myself?

And if you even try to illegally evict a tenant who is behind on rent from a property, chances are they will make things even worse by involving an attorney and the court. As a result, you should make sure you always have the law on your side by never locking a tenant out of the property or removing them from it without court involvement.

If you do, they will simply request a writ of reentry from the court or get an attorney involved to contact you.

Instead, to legally evict a tenant, you need to file for eviction or forcible detainer with the court. This is not automatic; however, when you do, the tenants have the right to appear and defend themselves.

What Does The Legal Process For Eviction Look Like In Texas?

However, by doing things by the book, you put the burden of proof on the tenant and their lawyer (if they can afford one) to disprove your claim. For example, if you notice that they have a pet when they ae not supposed to, they have to bring photo evidence or witnesses to court to testify that they do not have a pet.

This can be quite difficult for many tenants to do, especially when it comes to late rent, and even more so if they cannot afford attorney representation. Unfortunately, if they do not like the outcome of the Justice of Peace Court, they still have the right to appeal the case one more time at the county court.

This adds further delays and expenses to the process. The county court also puts more burden on you, as the landlord, to give evidence supporting the grounds for eviction. At this point, if you do not already have a lawyer on your side, it is time to get one by calling our office.

For more information on Grounds for a Legal Eviction of a Tenant, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 829-6100 today.