Texas tenant evictions – A primer

On Behalf of | Jan 31, 2020 | Property Law

Whether they have a formal lease or rental agreement or not, situations may arise in which Texas landlords must ask tenants to leave their properties. Understanding when to use eviction cases and the grounds under which the court may grant an eviction may help landlords protect their rights, properties and business interests.

According to the Collin County Justices of the Peace, landlords may need to file an eviction case to legally terminate another person’s or company’s right to occupy their properties. Situations in which the property owner has allowed another person to use their property as a residence, rented their property to someone as a residence, or rented their property for the use of business or other purposes may require an eviction in order to compel the tenant to vacate the property. It is not necessary to initiate an eviction case, however, to force someone not using the property as their residence or otherwise renting the property to vacate it. For example, property owners do not need to start eviction proceedings to remove an overnight visitor from their properties.

Certain circumstances must exist for the court to grant eviction petitions. According to Texas state law, the valid grounds for eviction include a tenant breaching the lease agreement, falling delinquent on rent or holding over after notice of the landlord’s intention to terminate the lease upon the end of the rental term. Additionally, a tenant causing intentional damage to the property or allowing a family member or guest to intentionally damage the property, as well as a tenant physically or verbally threatening the personal safety of the landlord, another tenant or an employee of the landlord, may also give cause for evictions.