The Eviction Process in Texas

By: Justice of the Peace David J. Castañeda

(Press Release) The below information is not offered as legal advice, but is procedural information only. The court and its personnel are prohibited by The Texas Code of Judicial Conduct, as per 4(G), from giving legal advice.

Landlords may evict, or forcibly remove, tenants from rental property in specific circumstances under Texas laws. Both tenants and landlords have rights in these types of proceedings. In order to have a tenant evicted, the landlord must send a written notice to the tenant before filing a complaint in the local court system.

Requirements

There is more than one situation that allows a landlord to legally evict a tenant under Texas law. A tenant who is behind on the rent stipulated in the oral or written lease agreement or rental contract can be evicted. The actions of the tenant, members of the tenant’s household or family, or guests the tenant invited can also result in eviction if the actions included threats or harm to the landlord, any of the landlord’s employees or other tenants, or damages to the rental premises or violates a lease agreement. In some type of leases, the tenant can be evicted for staying past the termination date of a lease that was not renewed, regardless of rent.

Notice to Vacate

Before filing for eviction, the landlord is required by law to give the tenant a notice to vacate the premises. According to Texas statutes, the notice must be in writing and can be delivered to the tenant personally if the landlord brings along a witness. The landlord can also send the notice by certified mail, with a return receipt requested. After the notice is sent, the landlord has to wait three days before filing for eviction in your local Texas Justice of the Peace court unless the lease specifies a longer waiting period.

Filing in the Appropriate Court

If the tenant fails to vacate the premises by the notice vacate date, the landlord must file an eviction complaint in the appropriate Justice Court depending on the location of the premises, to initiated eviction proceedings. This complaint has to detail why the tenant is being evicted and give a thorough description of the rental property. The landlord can also ask to be awarded any overdue rent, court costs, and legal expenses incurred. The court will not consider any late fees or interest imposed by the landlord in awards. Once the complaint has been filed and placed on the court docket the tenant is issued an eviction citation by the court, advising them of their court dates.

Writ of Possession

If the judge rules in favor of the landlord in the eviction proceedings, the tenant has five days to vacate the premises or to file an appeal before the appropriate court. If the tenant is still living on the premises after five days and has not filed an appeal, the landlord can go to court and request a Writ of Possession. This is an order from the judge to the constable’s office directing that the landlord be given possession of the premises. Officers from the constable’s office can remove the tenant and personal property from the dwelling. NOTE: The constable’s office will contact the landlord prior to serving the Writ of Possession so the landlord can arrange for removal of the tenant’s personal property under the supervision of the constable(s).

WARNING

It is important that landlords understand that there is no other legal way to remove a tenant. A self-help or illegal eviction is when a landlord decides to take matters in his/her hand without following the procedures prescribed by the state and local law.

Landlords should never:

• Change a lock
• Shut off utilities or permit a utility to be shut off
• Remove any of the tenant’s personal property from the premises

A more detailed Eviction Suits handout is available, free of charge, at the Justice of the Peace, Pct.3-1, Office located at 2989 Sanchez Ave. (Seco Mines Community Center).

Respectfully,

David J. Castaneda
Public Servant