The Top 5 Myths About Eviction In Travis County, TX, Debunked

In this article, you will discover:

• Whether tenants can be evicted in inclement weather or during the holidays.
• Whether landlords can change locks on tenants without a court order.
• The length of a typical legal battle for eviction.

Myth #1: Landlords Cannot Evict Tenants During The Winter In Texas

This is a common misconception. In Texas, there are no specific seasonal restrictions on evictions, even during the winter.

The only guideline affecting eviction timing involves the enforcement of the writ of possession—the final move-out order. By law, constables cannot execute a writ of possession when it is raining or other inclement weather. Beyond that, some local areas may have practical policies, such as avoiding move-outs in extremely cold temperatures. However, such conditions are rare in most parts of Texas.

The bottom line: Evictions can proceed during the winter, as long as they comply with legal requirements and weather-related guidelines.

Myth #2: Is It Illegal To Evict Tenants During The Holiday Season

This is not true. There is no law in Texas that prohibits evictions during the holiday season.

That said, practical considerations often slow the process. Most courts do not schedule eviction trials during the last week of the year, and constables typically avoid executing writs of possession during that time. However, these are scheduling matters, not legal restrictions.

The takeaway: While the holidays may cause minor delays, evictions are not illegal during this time of year.

Myth #3: Landlords In Travis County Have To Give A 30-Day Notice Before Every Eviction

This is not entirely true. The requirement for a 30-day notice depends on specific circumstances, not a blanket rule for all evictions.

Local And Federal Guidelines

There is currently a lawsuit in the Court of Appeals challenging a Texas law that prohibits local communities from creating their own eviction notice requirements.

Travis County previously had a pre-notice to vacate ordinance, but it is no longer enforced. However, the CARES Act of 2020 remains in effect. Under this federal law, any property with a federally backed mortgage, government housing assistance, or tax program must provide a 30-day notice before filing for eviction.

(Many properties fall under this rule, though landlords often aren’t aware that their mortgage is federally backed as any mortgage can be come federally backed at any time without notice to or input from the property owner. )

Standard Notice Periods

If the property is not covered by the CARES Act and does not involve federally backed financing or housing assistance, the notice period defaults to Texas state law. This typically requires a three-day notice unless the lease specifies a different period, which can be as little as one day.

All in all, while a 30-day notice is required for properties covered by the CARES Act, it is not universally applicable. Landlords should carefully review their lease agreements and mortgage details to ensure compliance with the correct notice period.

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) 843-8955 to schedule an initial consultation

Myth #4: Landlords Can’t Change Locks To Evict Tenants Without Getting A Court Order

This is partially true. While there is a legal process for changing locks under the Texas Property Code, it is rarely advisable due to the potential for liability.

Residential Lock Changes

On the residential side, landlords can change locks without a court order, but strict rules apply:

• Pre-Notice Requirement: Landlords must provide advance notice to the tenant.
• Timing: The lock change must occur when no one is inside the property.
• Access to a New Key: Landlords must leave a notice informing the tenant that they can collect a new key at any time, even at 2 a.m. The tenant does not have to pay anything to regain access.

This procedure is primarily intended to get the tenant’s attention. However, it is rarely worth the risk because even minor missteps can result in a lawsuit.

Commercial Lock Changes

The rules for commercial properties are different. On the commercial side, landlords can change locks as soon as a tenant is late on rent, and tenants cannot regain access until they pay what is owed.

So, while Texas law allows lock changes in certain situations, the process is risky and must be executed perfectly to avoid legal consequences. For residential properties, pursuing a court order is usually the safer option.

Myth #5: A Tenant Can Stay On The Property Even After Losing An Eviction Case

This myth is only technically false: a tenant can remain on the property after losing an eviction case, but only for a limited time.

After the trial, the tenant has five days to appeal the decision. If no appeal is filed, the landlord can request a writ of possession to start the final move-out process. Until the constable enforces the writ, the tenant has the right to stay on the property, and there is nothing the landlord can do to remove them during this time.

Are You Concerned About Getting Caught In Court? We’re Here To Help.

Eviction cases can vary widely, but most follow a straightforward process. While rare exceptions exist, such as prolonged legal battles, the vast majority of cases are resolved quickly and efficiently.

Worst-Case Scenario

The most extreme case I’ve encountered was a three-year legal battle over a $500-a-month, one-bedroom apartment. This case involved a termination of a tenant that wasn’t a good fit for the community. The tenant fought every step:

• Jury trial at the Justice Court.
• Jury trial at the County Court.
• Appeal to the Court of Appeals.
• A petition to the Supreme Court of Texas.

This tenant lost at every step. This type of case is incredibly rare.

Typical Timeline

Excluding extreme outliers, most eviction cases take about 45 days, including appeals. Without appeals, cases are typically resolved in 30 days. While tenants may file appeals or request jury trials, these are just procedural steps that are part of the process.

Potential Complications

While uncommon, there are situations that can add time and cost:

• Jury Trials: A tenant-requested jury trial can add $1,500 to your legal costs due to the time and effort involved.
• Bankruptcy Filings: If the tenant files for bankruptcy, the process may be delayed by a month or two. Handling a motion to lift the stay can cost around $1,000.
• Location Variations: Some jurisdictions, like Dallas during COVID, experienced extended delays, sometimes taking six months for resolution.

Most eviction cases are resolved smoothly, with only 1% involving significant complications. If your case is one of the rare exceptions, we’re here to guide you through every step. Remember, these outliers are like winning an unfortunate lottery—it’s rare but manageable.

Still Have Questions? Ready To Get Started?

For more information on The Eviction Process In Travis County, TX, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 843-8955 today.