If you are a landlord and your tenant has done something that warrants an eviction, perhaps they have breached their lease/rental agreement, you need to know the steps to take. A simple mistake can get you into legal trouble.
Here is the eviction process in Texas:
Written notice to vacate
Once you have completed your investigation and concluded that a tenant should be evicted, you need to send them a written notice to vacate. Texas requires landlords to give tenants at least three days to move out unless the lease/rental agreement states otherwise. Some properties, particularly those that participate in certain federal programs or whose property owner has a federally-backed mortgage, may require a 30-day notice.
Ensure your notice to vacate includes all the relevant details about your demand.
Filing of eviction suit
If the tenant does not move out within the specified period, you can file an eviction suit with the Justice of the Peace court in the county where your rental property is located. The court will set a hearing date not earlier than 10 days after you file your petition.
Judgment
During the hearing, a judge will listen to the claims of both sides. This is where you present evidence supporting your reason for evicting the tenant. The judge will give a judgment in your favor or that of the tenant.
Appeal
If the court rules in your favor, your tenant may challenge the decision by filing an appeal. They have five days to do this. The hearing for the appeal will not take place for at least eight days.
Writ of possession
If you win the case, you can ask the judge to give you a writ of possession, which will allow you to regain possession of the rental unit.
If you believe your tenant should be evicted, get adequate information about the eviction process to protect yourself.
