A Guide to the Eviction Process in Texas

Dealing with a difficult resident can be frustrating and stressful, especially when rent is late or lease violations repeat. Chapter 92 of the Texas Property Code gives landlords the legal right to evict residents, but it must be done carefully.

Lockouts, utility shutoffs, or removing belongings are illegal, as are retaliatory or discriminatory evictions.

Here’s a step-by-step guide from Excellence Property Management to help landlords navigate the eviction process successfully.

What’s the Eviction Process in Texas? Here is a Guide

In Texas, you can begin eviction proceedings against a resident if you have just cause. This may include failure to pay rent, violating lease terms, or engaging in illegal activity on the investment property.

It’s important for landlords to understand and comply with Texas landlord-tenant laws to ensure that all actions, from serving notices to filing evictions, are legal and enforceable

Once you have a valid reason, you must follow the correct procedure to have the resident leave. To make the process smoother, avoid common mistakes, such as:

• Taking matters into your own hands, like shutting off utilities or threatening the resident.
• Sending the wrong type of notice.
• Starting eviction proceedings after the resident reported a safety or health violation.
• Accepting a rent payment after serving an eviction notice.

The golden rule with evictions is to always follow the legal process and never use self-help methods. With that in mind, here are the steps to successfully evict a difficult resident in Texas.

Serve an Eviction Notice

Once you have just cause, serve the resident with the appropriate eviction notice. The violation and notice period must match or the eviction may fail.
For nonpayment of rent, serve a 3-Day Notice to Vacate. Rent is considered late one day after it is due, unless the lease provides a grace period.

Texas law requires a two-day statutory grace period, so the earliest you can serve this notice is the fourth day after rent is due. For lease violations, serve a 3-Day Notice to Quit. Examples include unauthorized pets, illegal subletting, or property damage.

For engaging in illegal activity, serve an Immediate Notice to Vacate. This includes activities that endanger neighbors, attract police attention, or expose the landlord to liability. Once you have credible proof, you can serve the notice to quickly regain possession.

For month-to-month residents, serve a 30-Day Notice to Terminate Tenancy. This is a no-fault eviction. For proper notice delivery, use the correct method, such as in-person delivery, mailing services, or posting the notice on the unit’s main entrance.

Tenant Eviction Defenses

In Texas, residents can submit an answer to eviction, allowing them to dispute claims and present defenses. Common defenses include:

• The landlord used an improper method to serve the eviction notice.
• The landlord accepted a rent payment after serving the eviction notice.
• The resident withheld rent after the landlord failed to make necessary repairs.
• The resident did not violate any lease terms.
• The eviction was retaliatory after the resident exercised a legal right.
• The landlord attempted a self-help eviction, such as shutting off utilities or changing locks.

If the resident proves any of these defenses, the court may delay or halt the eviction.

Writ of Possession

After reviewing all evidence, the judge will make a ruling. If in the landlord’s favor, the court issues a Writ of Possession. This must be presented to the county sheriff, who delivers it to the resident.

If the resident still refuses to leave, the sheriff or constable will carry out a forcible eviction.

Documentation and Record-Keeping

Maintaining accurate records throughout the eviction process is crucial. Keep copies of all notices, rent payment histories, lease agreements, photographs of any property damage, and any written communication with the resident. Proper documentation can protect you in court if the resident disputes the eviction or raises defenses.

It also helps landlords track timelines, ensures compliance with Texas landlord-tenant laws, and makes it easier to calculate any deductions from security deposits if applicable. Good record-keeping reduces the risk of delays or legal complications and strengthens your position during the eviction process.

How Property Management Can Help

Evictions can be complex and time-consuming, especially for landlords managing multiple properties or renting out a house for the first time.

Professional property management companies can handle the entire process, from serving proper notices to filing court documents and coordinating with law enforcement for Writs of Possession.

Property managers also ensure compliance with Texas landlord-tenant laws, maintain proper documentation, and help prevent legal mistakes that could delay the eviction. While property management services involve fees, they can save landlords time, reduce stress, and protect the investment in their rental property.

Conclusion

This is a step-by-step guide to evicting a difficult resident in Texas. Avoid mistakes that give residents legal defenses and always follow the proper procedure.

For expert help with evictions and property management, contact Excellence Property Management. Proudly serving the El Paso area for over 35 years, we can help you protect your property and maximize your investment.

Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have about this content or any other aspect of your property management needs.