How to Dispute an Eviction in Texas

Following the policies of a Texas lease agreement could help avoid eviction

Disputing an eviction in Texas requires knowledge of the state's consumer protection laws, meticulous record keeping and a good record as a tenant. According to the Texas Attorney General's Office, a landlord can only evict a tenant if specific terms of the lease agreement are broken; the tenant commits a serious crime; the tenant threatens the landlord's life or the tenant intentionally damages the property. Texas landlords must also follow specific guidelines to evict a tenant, such as giving adequate notice and filing a complaint with the local Justice of the Peace stating why the eviction has been requested.

Things You'll Need

• Lease agreement
• Rent payment receipts
• Repair records
• Maintenance records
• Cash deposit
• Bond

Instructions

Try to Avoid Eviction

1. Be a good tenant. Abide by the rules laid out in the Texas lease agreement, including those that apply to subleasing, pets, noise, upkeep of the property, occupancy restrictions and other policies. Obey Texas criminal laws that if broken will not only result in an eviction, but an arrest, such as drug trafficking, prostitution, violence and other criminal offenses.

2. Pay the rent each month. Make your rent payment on time, before it's considered late, as described in your Texas lease to avoid late fees. Ask for receipts and keep them filed. Notify the landlord immediately if there is a problem and you must pay the rent after the due date.

3. Monitor the landlord's activities. Keep a record of every contact with the landlord that deals with repairs, maintenance, paying rent and eviction procedures.

4. Contest the eviction. Contact the court, a lawyer, local tenant association or local Texas Bar Association affiliate for help on how to contest the eviction or to obtain free legal advice. Contact the court to obtain the necessary paperwork to set a trial date to defend yourself. Complete the paperwork and file it before the deadline, which is six days after the landlord has filed for eviction.

5. Defend yourself. Show up for all hearings and at the trial to state your case. Bring all documents that will help you in the case, such as an eviction letter, service and repair records, police reports and copies of personal check payments or money order receipts.

6. Appeal judge's order for eviction. If you are unsuccessful, you have the option to set a new trial by paying court costs and making a cash deposit to the Texas court, or signing a bond that guarantees the court you will pay the landlord's court costs if you lose the second trial.

Tips & Warnings

• Make a copy of the Texas lease agreement and store it in a safe, secure place.

• Take pictures of the property immediately after moving in, so its condition and contents are documented.

• Immediately notify the landlord of repairs that need to be made to the property.

• Hire a lawyer to appeal a judge's order and set a second trial for eviction because the process can be complicated and time consuming.

• Paying the rent with cash will not leave a paper trail and could result in a landlord claiming that no rent has been paid. A check or direct deposit can be a better option.

References

• Attorney General of Texas: Tenant Rights
• Attorney General of Texas: New Texas Laws Regarding Tenants' Rights
• Attorney General of Texas: Know Your Tenant Rights
• State Bar of Texas: Eviction

Resources

• Texas Young Lawyers Association and State Bar of Texas: Tenants' Rights Handbook
• NOLA: Ten Tips for Tenants