Legal Process of Eviction in Texas
In Texas, landlords must follow the legal process of eviction to remove tenants from a residential property. The laws in Texas protect tenants from unfair or unlawful evictions while providing landlords with a legal process to evict tenants for violating a lease agreement, failing to pay rent or damaging the property.
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Notice
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The minimum amount of notice a landlord must provide to tenants is three days in Texas. The notice may be longer depending on the terms in the lease agreement. The notice provides tenants with an opportunity to remedy a situation such as paying back rent or correcting a violation of the lease agreement.
Petition the Court
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If tenants fail to move or remedy a lease violation within the deadline in the notice to vacate, the landlord must file with the court to begin the eviction process. The landlord files a forcible entry and detainer lawsuit with the court. The complaint must detail the reason for the eviction, and landlords can ask for back rent and damages in the suit. Tenants may also be liable for court costs and attorney's fees.
The court sets a date for a hearing and the date the tenant must file an answer to the suit. Tenants who fail to answer by the deadline will lose the case. Landlords may also file a bond with the court for immediate possession of the property. The bond will require the tenant to request a trial within six days to avoid immediate eviction from the property.
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Hearing
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During the hearing the landlord and tenant can present his case to the judge or a jury. The court will determine if the tenant should be evicted from the property. Tenants have five days to appeal the decision of the court before the next step in the eviction process.
Writ of Possession
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If tenants fail to file an appeal to the court decision, landlords may request a writ of possession from the court. The writ allows a sheriff or constable to remove the tenant and his belongings from the property.
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