Tenant Eviction Law in Texas
During an eviction in Texas, both consumers and landlords are protected by certain laws. A Texas eviction must follow specific guidelines and procedures to remove someone from a property. Texas landlords cannot use retaliation or intimidation to remove a tenant. In addition, a tenant must be given adequate time to vacate the premises.
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Reasons for an Eviction
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According to the Texas Attorney General, landlords can only evict if a tenant violates the specific terms of a lease, threaten the landlord's life or intentionally damages the property. Tenants who receive government housing must commit a serious violation of the lease agreement, such as committing a crime, to be evicted. Tenants should review the lease carefully before signing it and make sure they understand its terms, penalties and liabilities before moving into a property.
Eviction Procedures
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The eviction procedures must start with a written letter from the landlord. The letter must give at least three-days notice of the landlord's intent to remove the tenant from the property. If the issue is not resolved within the deadline, then the landlord must file a complaint with the local Justice of the Peace that specifically states why it is requested that the tenant be evicted. A constable or sheriff will serve the tenant with the eviction papers.
If the landlord files for immediate possession, the tenant has six days to ask for a trial. A trial will take place between six to 10 days after the tenant has requested it. -
Fees the Landlord Can Collect
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When filing for eviction, landlords can ask the court to order a tenant to pay back rent, court costs and attorney's fees. A landlord cannot collect late fees. Court costs can only be collected if an eviction judgment is granted. Landlords in Texas can collect attorney's fees only if those terms are stated in the lease agreement, the eviction notice was given 11 days before an eviction was filed with the courts and the eviction notice stated that the tenant could be responsible. However, if the landlord loses, the tenant can ask for and receive the landlord-requested court costs.
What Happens if You Lose
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If the tenant loses and the court issues an order to vacate the property, the tenant must leave within six days after the judgment. The order is called a "writ of possession." On the sixth day, a constable or sheriff executes the eviction and supervises the tenants as they remove their possessions. At no time prior to the execution of the writ of possession can a landlord bar a tenant from entering the property. The law bars a constable or sheriff from supervising the removal of possessions in rain, sleet or snow.
A tenant can still arrange an agreement with the landlord to remain at the property and pay rent, court costs and other fees. However, the landlord must sign and file the agreement with the court.
The Appeal Process
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A tenant has five days after the judge signs an eviction order to appeal the case. An appeal made to the county courts requires paying court cost and a cash deposit with the court or signing a bond with two other people who own Texas real estate where no one resides. Other assets, such as stock and savings accounts, can be used. The bond has to be approved by the judge. A tenants with low income can file a notarized pauper's affidavit.
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References
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- Photo Credit fountain and building image by Larry Roberg from Fotolia.com
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Comments
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this webpage on eviction is really helpful. its messed up when u got 2 muchers on land of yours that wont get off. n just happens 2 be your brother.
