Texas Renter Eviction Laws
Texas has a standard tenant eviction procedure similar to that in most states, requiring the landlord to give notice before filing suit in court, leading to a hearing. However, it also has a special option allowing the landlord to file a bond, which will speed up the eviction process in uncontested cases. Unusually, the state also allows landlords to change the locks in limited circumstances.
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Notice
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A landlord in Texas must give written notice when seeking to evict a tenant. The landlord must give the tenant three day's notice to vacate unless a written lease states a different notice period. This can be delivered in person, attached to the inside of the main entry door (if accessible, otherwise to the outside of the door), or via mail. Registered or certified mail is the best method to avoid dispute later on.
Filing
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Once the notice period has expired, the landlord must file suit at the Justice of the Peace Court in the precinct where the property is located. The landlord must complete a document known as an original petition, detailing the case, plus an affidavit confirming whether or not the landlord believes the tenant is on active military duty. The landlord must have these two documents notarized by the court Clerk and hand over a copy of the notice given to the tenant.
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Court case
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Once the court Clerk receives the necessary documents from the landlord, the Clerk will set a date for a court hearing and issue a citation to the tenant to inform him of the hearing. There must be at least six days between the citation being delivered and the hearing taking place.
The court will issue a judgment based on the hearing, or a default judgment if the tenant does not defend or respond to the case. If the tenant appears at the hearing and loses, he will have five days to file an appeal in County Court.
Once this five days has expired without an appeal filing, the landlord can file a writ of possession, This is the document that gives the Constable the legal authority to give the tenant 24 hours notice, then physically evict the tenant.
Quicker process
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A landlord can, instead of filing suit, file a bond for immediate possession. This involves depositing money with the court that is only refunded if the landlord wins the case. When a landlord files this bond, the tenant has six days to request a hearing, otherwise the landlord can immediately file a writ of possession. This cuts down the total eviction process from around 23 days to 10 days.
Locking out
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In unpaid rent cases, a landlord has limited rights to change the locks. The landlord must give three days notice before changing the locks. After doing so, the landlord must give new keys to the tenant within two hours of being asked, even if the tenant has not paid the overdue rent. Because of this, and the fact that a tenant may be able to seek damages of one month's rent plus $500 if the landlord breaches the locking out process rules, landlord may find this an ineffective or unsuitable tactic.
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References
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