What You Need To Know About Eviction In Texas

Facing an eviction—whether you’re a landlord or tenant—can be a stressful and confusing experience. Understanding the legal grounds for eviction in Texas and knowing your rights can help you navigate the process with more confidence.

Whether it’s due to nonpayment of rent, property damage, or illegal activity, landlords must follow proper legal procedures to regain possession of their property. This guide outlines the most important aspects of eviction in Texas, giving you the clarity needed to protect your rights and avoid costly mistakes along the way.

Key Takeaways

Nonpayment of rent is a primary justification for eviction in Texas, as rental agreements are considered business contracts with clear obligations.
Illegal activity or significant property damage, if outlined in the lease, can be grounds for eviction, and landlords must act swiftly to protect their property and interests.
Tenants who remain after a lease expires or use limited defenses like retaliation must still follow due process, while landlords can protect themselves from wrongful eviction claims with thorough documentation.

How Does Nonpayment Of Rent Justify An Eviction In Texas?

In Texas, nonpayment of rent is a primary justification for eviction because rental agreements are viewed as business contracts. When a tenant fails to pay rent, the landlord does not receive the compensation they rely on to cover mortgage, taxes, repairs, and other property-related expenses. As a result, Texas law allows landlords to seek a remedy by reclaiming possession of the property through eviction.

Texas generally takes a fairly straightforward approach in these matters: if a tenant doesn’t fulfill their agreed-upon obligations, the landlord has the right to terminate the lease and move forward with finding a new tenant. The state views this simply as a matter of fairness.

How Can Illegal Activity On A Property Lead To An Eviction In Texas?

In Texas, a lease must explicitly mention illegal activity as grounds for eviction. If it does, a landlord can take action upon discovering illegal activities. However, beyond the lease, landlords face the risk of property forfeiture under criminal statutes if they are aware of the illegal activity and fail to intervene.

This makes it crucial for landlords to act immediately when such issues arise. Additionally, illegal activity often increases the likelihood of property damage, further motivating landlords to address the situation swiftly.

Richard Cahan, an experienced attorney in Texas, has helped countless landlords navigate the eviction process efficiently and lawfully. With deep knowledge of Texas property law, Richard ensures landlords have the proper documentation and legal strategies to avoid wrongful eviction claims and manage tenant disputes. His laser-sharp attention to detail—from handling nonpayment issues to addressing illegal activity and property damage—has protected many property owners from costly legal battles.

If you're facing a tenant issue, Richard Cahan is ready to provide the guidance you need.

What Happens If A Tenant Refuses To Leave After The Lease Ends?

When a tenant stays beyond the lease term without permission, it’s called a holdover. This situation is handled similarly to a nonpayment of rent eviction.

Under the U.S. Constitution’s due process clause, landlords must follow legal eviction procedures to regain possession of the property, ensuring the tenant is given proper notice and a hearing before being removed.

How Can Property Damage Be Grounds For Eviction In Texas?

Property damage must be specified in the lease agreement to be grounds for eviction. Significant damage can be considered a lease violation, allowing for eviction. This is important because landlords often struggle to recover costs from tenants responsible for damage. Addressing property damage early means landlords can prevent further destruction and avoid potential financial losses.

What Are Common Defenses That Tenants Use In Texas Eviction Cases?

In Texas, valid defenses in eviction cases are somewhat limited.

For nonpayment of rent, the only legitimate defense is if the tenant followed the repair and deduct process, which rarely happens. This process requires notifying the landlord of necessary major repairs, waiting for a week, and then hiring a professional to fix the issue and using the receipt as a rent deduction.

Another valid defense is retaliation, where a tenant requests repairs, and the landlord responds by terminating the lease due to that request. Outside of these, valid defenses are scarce.

How Can Landlords Protect Themselves From Wrongful Eviction Claims?

Landlords can protect themselves from wrongful eviction claims through thorough documentation. Keeping detailed records, such as rent ledgers that show when payments were received and any charges applied, is vital.

Additionally, having a clear and comprehensive lease agreement, along with photos or videos of property conditions, can help immensely.

Consistent and accurate documentation provides strong evidence if an eviction is challenged, reducing the risk of wrongful eviction claims. Taking a few minutes each month to update records can save time and protect against legal issues later.

Tried And True Experience

Early in my career, I learned the importance of thorough documentation in eviction cases. One key lesson was the power of documenting every step in the process, particularly with notices to vacate.

Tenants often claim they never received the notice, but the law requires only proof that it was delivered to the post office, not that the tenant received it. To address this, I now ensure that every notice is scanned before mailing, and I even document the trip to the post office—sometimes with photos or videos. This level of detail has since proven invaluable in protecting against disputes.

Still Have Questions? Ready To Get Started?

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