When you purchased your rental property, you had dreams of generating passive income while accumulating wealth through increased property values. You probably did not think about what happens when your tenant stops paying the rent or violates the lease. Unfortunately, if you are a landlord for long enough and you will eventually encounter this situation. It’s important to know how to handle an eviction to ensure you follow Texas landlord tenant law.
Learn about the four steps in the eviction process so that you can follow the proper procedure.
Step 1. Notice to Vacate
Before a landlord in Texas can begin the eviction process, they must give the tenant a notice to vacate. This notice must be done at least three days in advance or within the timeframe outlined in the lease. Unlike many other states, you do not have to give the tenant the option to pay outstanding rent or fix the issue that violates the lease. The tenant needs to move out within the three day notice period. If they don’t, the landlord can proceed with the next step in the eviction process.
Step 2. Filing a Suit
The second step in the eviction process is to file a petition with the court. This initiates a request for a court hearing and serves the tenant with official notice that you plan to evict them. You will need to pay a court fee as a part of your filing.
Step 3. Go to Court
You will have a court hearing date and time that you need to attend. It is up to you to prove by a preponderance of the evidence that you are entitled to evict the tenant. Bring all of your documentation to this hearing and be prepared to argue your case.
Do not assume that you will automatically win your eviction. This court hearing should be handled with all of the seriousness and respect that appearing in front of a judge requires.
Step 4. Writ of Possession
If the court rules in your favor, there is a five day appeal period. After this, you can file for a writ of possession. This petitions the court to order the property back into your possession. This does not mean you can take matters into your own hands and physically remove the tenant from your property on your own. You will work with a law enforcement officer to make arrangements for the removal of the tenant’s property. The office will provide 24-hour notice before entering the house with you so that you can remove the tenant’s personal property.
Eviction Post Covid
The pandemic was the catalyst that created national and statewide changes in eviction law. The Texas statewide Covid-19 eviction moratorium expired in May of 2020. Many counties and cities enacted local eviction bans. Before you proceed with an eviction, check the local regulations in place. The Texaslawhelp.org website provides helpful information about the latest information for evictions. On a national level, the CARES Act requires landlords to provide 30 days’ notice before they can begin eviction procedures.
Don’t Wait When Dealing With Evictions
One of the worst mistakes landlords make when dealing with problem tenants is waiting to begin the eviction process. The longer you wait to start the process, the longer your tenant can stay in your rental property before you can legally evict them. If you do not have the time or ability to focus on an eviction, working with a property manager can help. They can handle the eviction process from start to finish for you.
Work with our knowledgeable property managers and let us handle the eviction process.
