Residential leases require that the tenant pay the rental payments on time and follow the rules of the lease. If a tenant stops making payments for the rent or breaks other lease terms, the landlord may opt to evict the individual.
Evictions in Texas are highly regulated. There are specific steps that have to be followed before a person can be legally evicted in this state.
Written notice
A landlord must give the tenant a written notice to vacate the home within three days; however, the time is longer for people who are part of certain federal programs or if the mortgage is backed back by a federal program. In those cases, the notice requirement is 30 days.
Eviction lawsuit
After the required time from the notice elapses, the landlord can file the eviction lawsuit. The tenant will be notified and there will be a hearing at least 10 days later. A judgment is made after the hearing. Either party can appeal within five days, so no actions can be taken during that period. An appeal hearing can’t take place for at least eight days after the appeal.
If the court agrees that the landlord can evict the tenant, the landlord can petition the court for a writ of possession. This is the document that formally allows the eviction. A constable must notify the tenant via a 24-hour notice. Once that 24-hour period elapses, the tenant’s belongings can be removed from the property.
Evictions are a complex process. It’s critical that anyone going through this ensures they have someone on their side who understands the options for moving forward.
