You have to follow certain legal procedures when evicting a tenant in Texas.Courts can be very protective of a tenant's rights.If you are going to represent yourself as a landlord in an eviction proceeding, you need to be aware of the procedures involved, and follow them precisely.There is a core set of state eviction laws, but the laws vary depending on county and city.Laws in cities are more favorable to tenants than state laws.
Step 1: There are reasons you can evict a tenant.
You need valid reasons to dispossess a tenant.There are different eviction grounds in Texas.Failure to pay rent Causing damage to the property Refusing to move after the end of a lease are some of the more specific grounds.
Step 2: It's important to meet your responsibilities as a landlord.
If a condition on the leased property affects the tenant's physical health or safety, you must fix it.If you don't remedy the condition within 7 days, your tenant can have the repairs done and the repair costs from the rent.
Step 3: Try to resolve the issue with the tenant.
If possible, you would like to avoid spending time and money removing a tenant from your property.Try talking to your tenant.If you want to settle the dispute out of court, let him or her know that you will file for eviction.Taking a firm stand might prompt the tenant to comply with the lease terms.
Step 4: The tenant needs to be locked out.
A landlord may be able to change the locks on the apartment to make the tenant pay rent.The lockout can only be for a short time.The landlord has to give the tenant a key.You must give the tenant advance written notice that the lock will be changed if they don't pay rent in a timely manner.If the notice is hand-delivered, it must be given at least three days.The earliest date the locks will be changed, the amount of rent that must be paid, and the location where the tenant may discuss or pay delinquent rent are all included in the notice.Tenants can receive a new key without paying rent.The notice needs to be highlighted.
Step 5: A notice to vacate needs to be prepared.
You must give the tenant a written notice to vacate if you can't resolve the matter.The tenant is required to leave the property by a certain date if this is the nature of the breach.You can get the forms for the Notice to Vacate at the court clerk's office or fill-in the blanks on this sample version, and they may also be available online.In most cases, you have to allow at least three days after delivery of the notice before you can file for eviction.The time period for proceeding with eviction is addressed in the lease.You have to give the tenant more time if it's more than three days.
Step 6: The notice to vacate should be delivered.
You can deliver the notice in a number of ways.Make sure you have proof that the notice was delivered.If there is no mailbox the landlord cannot enter the unit, the notice can be delivered by certified, registered, or regular mail attaching it to the inside of the front entrance door.
Step 7: The forms need to be obtained.
The petition for eviction must be filed in the Justice of the Peace precinct where the property is located.A Military Affidavit and a Civil Case Information Sheet are required.You can get the forms from the court clerk's office.
Step 8: Provide all the information.
The courts are very protective of tenants rights.When it comes time for your hearing, your case may be dismissed if your paperwork is not up to par.The names of everyone involved in the tenancy, as well as the date the property was rented, and whether the lease is written or oral, are necessary information for the petition for eviction.
Step 9: The information should be in Spanish.
Some cities may require you to include certain information in Spanish.The first page of the citation needs to state the following in bold print and Spanish: "This suit to evict involves immediate deadlines."If you need help locating an attorney, you can call the State Bar of Texas.You may be eligible for free or low-cost legal assistance if you can't afford an attorney.
Step 10: The filing fee should be determined.
Court costs are involved in evicting someone.You should contact the court clerk if you don't know what to pay.Find out what payment methods the court clerk accepts.
Step 11: All documentation must be brought to the court.
The petition for eviction, military affidavit, and civil case information sheet should be in your possession.If you send the notice to vacate by mail, the clerk will send you and the tenant a notice of the hearing date.
Step 12: Prepare your witnesses.
You should have someone who can back up your case with you to court.If you hand-delivered the notice to vacate, you should have someone with you, as well as anyone who may have seen the tenant violate the terms of the lease, such as damaging the property.Make sure their testimony is accurate by reviewing it with them.
Step 13: If necessary, ask for an adjournment.
If any of your key witnesses are unavailable for the court date, or if you have another valid reason why the hearing needs to be postponed, you should inform the clerk as soon as possible.If the court allows an adjournment, it will usually be for a few days.
Step 14: You should observe landlord-tenant cases before your hearing.
Go to the courthouse to see what's happening when landlord-tenant cases are being heard.It will give you a better idea of what to expect at your hearing.
Step 15: Bring all the evidence you need to support your case.
If applicable, this includes proof of service of notices, the lease, and any documentation or other proof to back up your claim for eviction and money damages.You don't want your case to be dismissed because you left a crucial piece of evidence at home.
Step 16: You should get to court early.
You can find out where your case is on the court's list by arriving early.Don't get in and out of court in a hurry if you cannot resolve your case before the hearing.You might be waiting for a while.The judge will decide if a judgment in your favor should be granted after he or she hears your case.
Step 17: If the judge rules against you, consider appealing.
You have five days to appeal the result if you don't win your case.You have to get an eviction case appeal bond from the court and post it.An Affidavit of Inability to Pay can be filled out if you can't afford it.The judge can decide if or not to accept the Affidavit.
Step 18: There is a request for a writ of possession.
If the tenant doesn't appeal within five days, you can request a Writ of Possession from the court on the sixth day.The sheriff's officer can evict the tenant.The officer will post a warning on the front door of the rental unit to let the tenant know that they will be removed from the property.
Step 19: Follow the officer.
When the tenant is removed, you'll want to be present.Call the court clerk's office to find out when the officer is going to arrive at the property.The tenant's personal property can be removed by the officer if they are authorized to do so.The rental unit is turned over to you when that's done.
Step 20: A writ of execution is needed.
If the court awarded you money damages as part of the judgment, a Writ of Execution allows the sheriff's office or the constable to seize property from the tenant in order to pay off your judgment.After 30 days from the date of your judgement, you can request a Writ of Execution.