Securing Your Property Interests in Texas
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Landlord & Tenant Law
Eviction Guide
Understanding the eviction process is crucial for both property owners and tenants. This guide outlines the legal procedures and requirements for evictions in Texas.
An eviction is a legal process for a property owner to remove a tenant from their property. The process begins when the owner serves the tenant with a notice to vacate within 3 days. Failure of the tenant to comply with the notice can result in legal action against them.
Common reasons for eviction:
- Non-payment of rent
- Lease violations
- Property damage caused by the tenant
- Engagement in illegal activities on the property
Step 1: Lease Violation
Tenant fails to pay rent or other violation of the lease occurs.
Step 2: Notice to Vacate (NTV)
The owner must send the tenant a Notice to Vacate within 3 days. The Notice must include:
- The name of the tenants on the lease
- The address of the property
- The date of the lease agreement
- The reason for eviction and specific details of the breach
- The date by which the property must be vacated
- Landlord contact information
- The date that the notice has been issued
Step 3: Filing the Eviction Suit
After the 3 day period, you can file an eviction suit in the JP Court. A hearing is usually set within 3 weeks. During this time, the landlord cannot accept any rent payments. If rent payments are accepted, the Notice to Vacate is voided and the process must start over again.
A tenant is a holdover tenant when the lease has expired, but they have continued to make rent payments. Most leases default to month to month rent after the expiration of the original term.
Process:
- Notice of Termination: The landlord must give notice equal to the default period (typically 30 days for month-to-month)
- Notice to Vacate: After the notice period, send a 3 day Notice to Vacate
- File Eviction: After 3 days, the landlord may file an eviction suit
If there is no written lease, there is an assumed oral lease. The process varies depending on the situation:
Tenant is Paying Rent:
Landlord must give 30 days notice of termination, followed by the 3 day Notice to Vacate before filing an eviction suit.
Tenant Failed to Pay Rent:
Landlord must only give 3 day Notice to Vacate before filing an eviction suit.
Tenant Never Paid Rent:
The owner must give 30 days notice of termination followed by the 3 day Notice to Vacate before filing an eviction suit. This typically applies to situations like relatives or friends who moved in.