What Are the Grounds for a Legal Eviction of a Tenant in Texas?
The grounds for eviction are broad, providing grounds for any violation of the lease. The common reason for eviction in Texas is non-payment of rent. There is no right to cure (pay all back-rent owed to avoid eviction) unless the lease provides for it, which is rare. In current times with COVID, we must ensure we are complying with eviction laws. Once 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 do provide differently, we must review each lease before deciding how best to move forward. 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 the landlord can start the eviction on the second, refusing to accept late payment.
Other violations of lease that are grounds for eviction include unauthorized occupants or pets. We encourage the landlord to look at these situations from a financial standpoint. Is it worth evicting the tenant for these issues? They will not receive rent for that period and will have to find a new tenant. Are these issues worth the financial hassle? It’s my duty to look out for the landlord, but I can’t make this decision. I’m happy to move forward however the client wishes to do so.
My Landlord Is Illegally Evicting Me From My Residence, What Can I Do?
If your landlord has illegally evicted you from a property, you will have better luck resolving the issue by involving an attorney and the court. If the landlord has taken some illegal action to lock you out of the property or remove you from the property without court involvement, there are separate options that can be taken. Requesting a writ of reentry from the court or getting an attorney involved to contact the landlord are likely the best options to resolve the issue. For the landlord to legally evict a tenant, they need to file for eviction or forcible detainer with the court. At that time, the tenant has the right to appear and defend themselves.
If you feel that the landlord is evicting for an unreasonable reason, you need to disprove the landlord’s claim. For example, the landlord claims you have a pet that you don’t have, you could do your best to bring photo evidence or witnesses to court to testify that you indeed do not have a pet. You have the right to address the court on your behalf, but often you will have better luck with attorney representation. If you don’t like the outcome of the Justice of Peace Court, you have the right to appeal the case at the county court. This process puts more burden on the landlord to give evidence supporting the grounds for eviction.
What Is Probate and When Is Probate Triggered in Texas?
Probate is a process, triggered by the heirs of a decedent, where the court grants power to a person to carry out estate affairs after a person dies. If the decedent has a will, directing how the estate should be handled, the court must have the opportunity to verify the will and give other persons the opportunity to challenge the will. This takes place during probate.
Probate gives third parties, such as banks or title companies, the ability to rely on whatever’s being done. For example, if you need to sell the property of the decedent, the title company will need to see the court order and letters of testamentary before selling the property. This releases the title company from being liable if the will is later challenged. That’s the whole point of probate, giving third parties the reliance that they can release assets to the person who’s asking for it.
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.
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