Owning and managing rental properties in Texas can be rewarding, but it also comes with challenges, particularly when tenants fail to meet their obligations. Many landlords hesitate to begin the eviction process, often out of fear that it is too complex or time-consuming. However, the truth is that the Texas eviction process is straightforward when done correctly. As a landlord, you have rights, and knowing how to assert those rights can help you maintain control over your property and avoid long-term financial loss.
In this guide, we will break down the Texas eviction process step-by-step and offer insights on why landlords should not fear filing for eviction. With proper understanding and preparation, you can navigate this process smoothly. And if you ever need assistance, J.C. Moses Management is here to help. We can handle the eviction process for you, find reliable tenants, and even assist if you decide to sell your property.
Understanding the Texas Eviction Process
The eviction process in Texas is governed by Chapter 24 of the Texas Property Code. While the idea of evicting a tenant can seem daunting, the law is on the side of property owners when tenants fail to comply with the terms of their lease. The most common reasons for eviction include:
Non-payment of rent
Violating the terms of the lease (such as causing property damage)
Remaining on the property after the lease has expired (also known as a "holdover" tenant)
The state of Texas allows landlords to evict tenants through a legal process known as a "forcible detainer" lawsuit. Contrary to popular belief, this process is neither overly complicated nor especially burdensome for landlords who follow the proper procedures.
Step-by-Step Eviction Process in Texas
1. Provide the Tenant with Proper Notice
Before a landlord can file for eviction, they must provide the tenant with a written notice to vacate. This is a critical first step, as it sets the legal foundation for the eviction. According to the Texas State Law Library, this notice must be in writing and specify the reason for the eviction. The most common notices include:
Notice to Pay or Quit:Â Used when a tenant has failed to pay rent. The tenant is typically given three days to either pay the overdue rent or vacate the property.
Notice to Cure or Quit:Â Used when a tenant has violated a term of the lease (for example, subletting without permission or damaging the property). The tenant is given time to rectify the violation or leave.
Notice to Vacate:Â This is a notice used for lease expirations or situations where the landlord does not wish to renew the lease.
According to TexasLawHelp.org, landlords must give the tenant a minimum of three days' notice before filing an eviction suit unless the lease states otherwise.
2. Filing an Eviction Suit (Forcible Detainer Lawsuit)
If the tenant does not comply with the notice, the next step is to file an eviction suit with the local Justice of the Peace Court. Filing fees vary by county, but this step is relatively inexpensive and quick. According to TexasCourts.gov, the landlord must file the lawsuit in the precinct where the rental property is located.
Once the suit is filed, the court will issue a citation, and a constable will serve it to the tenant, informing them of the court date. The tenant has the right to contest the eviction in court, but in most cases, if the landlord has followed the proper procedures, the court will rule in their favor.
3. Court Hearing and Judgment
The court hearing will usually be scheduled within 10 to 21 days after the eviction suit is filed. Both the landlord and the tenant will have an opportunity to present their case. It is important for landlords to bring all relevant documentation, such as:
The signed lease agreement
Copies of the notice to vacate
Proof of non-payment (if applicable)
If the court rules in favor of the landlord, a "judgment of possession" will be issued, which legally allows the landlord to reclaim their property. The tenant is typically given five days to vacate voluntarily after the judgment.
4. Writ of Possession
If the tenant does not leave the property within five days of the court's judgment, the landlord can request a "Writ of Possession." This document allows the local constable to remove the tenant and their belongings from the property. According to Texas.gov, once the writ is issued, the constable will schedule a time to execute the eviction, typically within a week.
Why Landlords Should Not Fear the Eviction Process
Many landlords are hesitant to file for eviction because they fear legal complications or a long, drawn-out process. However, with a clear understanding of the steps involved, landlords can quickly and efficiently remove tenants who are not meeting their obligations.
Here are a few reasons why you shouldn’t fear filing for eviction:
1. The Process is Fast and Clear
Contrary to what some may believe, the Texas eviction process is designed to be swift and straightforward. If a tenant has violated their lease, you have a legal right to take back control of your property. From filing to judgment, the entire process typically takes about a month, assuming the tenant does not contest the eviction.
2. You Can Minimize Financial Loss
Every month that you keep a non-paying or disruptive tenant on your property is a month of financial loss. By acting quickly and filing for eviction, you can minimize the time that your property is unoccupied or occupied by a problematic tenant. According to NOLO.com, landlords who promptly address tenant issues through eviction tend to recover more financially than those who delay.
3. The Law Protects Landlords
Texas property laws heavily favor landlords in eviction cases, provided you follow the legal requirements. Courts are unlikely to side with tenants who have clearly violated their lease or failed to pay rent, making the eviction process more of a formality than a battle.
Avoiding Eviction: How J.C. Moses Management Can Help
While evictions are sometimes necessary, avoiding them altogether is the best course of action. At J.C. Moses Management, we specialize in tenant screening and property management services to help you find reliable tenants who are less likely to default on rent or violate their lease.
Our tenant screening process includes:
Comprehensive background checks
Credit and employment verification
Rental history checks
By thoroughly vetting potential tenants, we help ensure that you’re renting to individuals who are financially stable and responsible. This reduces the likelihood of needing to go through the eviction process and gives you peace of mind as a property owner.
Need Help Filing for Eviction? We’ve Got You Covered
If you find yourself in a situation where eviction is necessary, J.C. Moses Management can guide you through the entire process. We handle everything from filing the lawsuit to representing you in court if needed. Our team of experienced professionals ensures that the process is done correctly and efficiently, allowing you to regain control of your property without stress.
Looking to Sell Your Property?
In some cases, landlords may decide that it’s not worth the hassle to continue managing a rental property, especially if evictions have been frequent. If that’s the case for you, J.C. Moses Management can help you sell your property quickly and at a fair price. We purchase homes in Texas and offer landlords a fast and simple solution to offload their rental properties.
Whether you’re looking to sell your property as-is or make repairs first, we can help. Contact us for a no-obligation quote, and let us take the stress out of property ownership.
Conclusion
The eviction process in Texas is straightforward, and landlords should not fear it. By understanding your rights and following the correct steps, you can protect your investment and avoid long-term financial loss. At J.C. Moses Management, we are here to assist you with every aspect of property management, from finding good tenants to handling evictions and even helping you sell your property if needed.
If you need help with the eviction process or finding reliable tenants, don’t hesitate to reach out to us. We’ll provide a personalized plan to meet your needs and ensure your property is in good hands.
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For more information, call 832-338-5594Â or visit www.jcmosesmanagement.com. Let us help you take the stress out of being a landlord!
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