For fastest response, please send us an email at richard@cahanlaw.com or text (512) 843-8955
For fastest response, please send us an email at richard@cahanlaw.com or text (512) 843-8955
In this article, you’ll discover:
Nonpayment of rent is one of the most straightforward reasons for eviction in Texas. Legally, there’s no valid justification for failing to pay rent. While tenants may have personal reasons or life challenges, the law doesn’t allow one person to shift their housing responsibility onto another. Here are some of the key concepts you should keep in mind about these proceedings:
One significant factor impacting eviction proceedings is compliance with the Federal Cares Act, which mandates a 30-day notice to vacate for properties with federally backed mortgages. This includes loans backed by Fannie Mae, Freddie Mac, Ginnie Mae, or other government programs. Even if a property was privately financed, it could still fall under this rule if the loan was later purchased by a federal entity.
Additionally, some leases, such as those provided by Zillow, may require specific pre-notice procedures or longer notice periods, such as a seven-day notice instead of the standard three- or one-day notice.
In rare cases, a sympathetic judge may grant a one-week continuance if the tenant claims they can pay. While uncommon, it’s a possibility. Otherwise, as long as the landlord has followed the correct procedures, the court generally proceeds as the law requires.
Texas law outlines a detailed process for tenants to pay for repairs with rent instead of paying the landlord the rent, but this process is often misunderstood or misused. Tenants must:
Failure to follow these steps invalidates the tenant’s claim.
In court, an attorney’s role is to represent the landlord efficiently and professionally. The focus is on presenting the facts without reacting to any emotional accusations from the tenant. The bottom line in a nonpayment case is simple: Did the tenant pay rent? If not, the legal process moves forward.
That goes back to whether you’re paying rent. Regardless of the property’s condition, you don’t get to stay there for free. There are mechanisms to get something fixed if there’s an issue.
Attorneys often hear the property is uninhabitable, but by definition, if you’re living there, then it’s not uninhabitable. It is not okay to not pay your rent. If you’ve paid rent and there’s something else going on or you otherwise breach the lease, one breach doesn’t allow another. So, tenants need to properly seek their remedies for non-repair, other than breaching the lease.
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.
The number one mistake is that the notice to vacate wasn’t provided at all or in the proper authorized manner. That kills most cases. A skilled attorney knows how to:
Bankruptcy filings by tenants have become increasingly common and can significantly impact the eviction process. While the law doesn’t always require evictions to stop because of bankruptcy, the process often halts temporarily in practice.
If a judgment is final and a writ of possession has already been issued, bankruptcy should not delay enforcement. However, many constables err on the side of caution and may require a court order before proceeding. Landlords often face this challenge when navigating bankruptcy-related delays.
When a tenant files for bankruptcy, landlords should first assess the situation:
In Austin, this process can take approximately a month, depending on the court’s schedule and whether a hearing is required. After filing the motion, it must be properly served, added to the court docket, and addressed during the hearing.
During the hearing, the judge typically asks:
If the tenant can pay all back rent in full, the bankruptcy will prevent the eviction from moving forward. However, if the tenant cannot pay or fails to stay current on rent owed after the bankruptcy filing, the landlord can file another motion to lift the automatic stay. The court will generally grant this motion, allowing the eviction to proceed.
If you suspect a tenant might file for bankruptcy, it’s best to start the eviction process early. File the notice to vacate, initiate proceedings in the Justice of the Peace (JP) Court, and monitor for any bankruptcy filings. Acting promptly allows for a smoother transition to addressing the bankruptcy and resuming the eviction process if necessary.
Waiting until after a bankruptcy filing to act can result in additional delays, particularly if circumstances at the property change during this time. Proactive action can help minimize disruptions and avoid prolonged interruptions in regaining possession of the property.
When a tenant disputes an eviction notice, the strongest response relies on proper documentation. The process begins with delivering the notice to vacate. Mailing the notice is the most reliable method, as Texas law requires it to be sent but does not require proof that the tenant received it.
After mailing the notice, following up with the tenant by text or email can help facilitate communication. A common tenant response is: “I didn’t get the notice.” The attorney’s reply is straightforward: “The law doesn’t require proof that you received the notice. Do you want to work this out or not?”
Ensuring the notice is accurate and compliant with both the lease and the law is crucial. Preferably sending the notice with tracking and once tracking confirms the notice was delivered or made available, the required waiting period—counted from midnight to midnight—begins.
If the tenant disputes receiving the notice, your attorney can present documentation in court. A scanned copy of the notice and USPS tracking confirmation will show the notice was sent properly, meeting all legal requirements.
Tenant delays during an eviction are often unavoidable, especially when they make promises like, “I’ll move out tomorrow” or “I’ll have the money soon.” While it is natural to want to give them a chance, it’s best not to rely on these statements until they follow through.
One of the biggest decisions landlords face is whether to file the eviction right away or wait to see if the tenant follows through. Filing ensures the process moves forward but involves court fees, which may feel unnecessary if the tenant ends up paying or leaving. Ultimately, it’s up to the landlord to decide whether to act immediately or take the risk of waiting.
Tenants sometimes request continuances for their trials. Whether the court grants these requests depends largely on the judge and the specific court. Occasionally, a continuance is granted without consulting the landlord or their attorney. However, most last-minute requests—especially those made in court or on the trial date—are denied.
Your attorney’s role is to manage the process while keeping you informed. Unless there’s an appeal or a jury trial, you typically won’t need to attend court proceedings yourself. And If you’re not hearing updates, it’s often because nothing significant has changed.
Here’s what your attorney might be waiting for:
For more information on The Top Five Issues In Travis County Eviction Proceedings And How To Avoid Them, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 829-6100 today.
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.
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