Landlords must carefully follow all the rules and procedures required by Texas law when evicting a tenant; otherwise, the court can refuse to issue an order of eviction. Winning an eviction lawsuit is not easy as it may seem. Many judges set the bar very high when it comes to ruling in favor of the landlord. Therefore, landlords should seek legal advice from a credible North Richland landlord attorney regarding the eviction process.
At Girling Law PLLC, we have been helping landlords throughout Texas fight for their rights for decades. Our real estate law firm offers legal services for all types of residential rental property including apartments, condos, townhouses, and single-family homes as well as commercial properties such as office buildings, retail stores, and warehouses. Our goal is simple – help landlords who need it most by giving them the advice and legal representation on how to win an eviction lawsuit.
As the property owner, you have legal rights to evict tenants for non-payment of rent or violation of the lease or rental agreement terms. Evictions allow landlords to remove unruly tenants, as well as those who don’t pay their rent on time. Before evicting a tenant, you need to ensure that you have a legal and valid reason for the eviction or you may find that the judge will not rule in your favor.
Eviction proceedings do not mean that a tenant will immediately be removed from their home. There are many steps in the eviction process that a landlord must follow. If you are considering an eviction, it is advisable to seek legal help from a reliable landlord lawyer in Texas to help you how to go about it and be ready for what to expect through the process.
Most states require landlords to give the tenant advance notice that they will be evicted if the offending behavior does not change. An eviction notice can be served if the landlord has evidence that the tenant has violated the lease agreement in some way. These are called either “pay rent or quit” or “cure and quit” notices. They give tenants a chance to correct their behavior.
When you serve an eviction notice (notice to vacate), you’re communicating to your tenant that they need to vacate the property by a given date. Without written notice and delivery, in compliance with state and local laws, a legal eviction cannot be initiated.
Unless the tenant voluntarily leaves the property, the landlord may need to file an eviction petition in the local court. After the court order, the renter is typically given ample time to move out before forced removal is considered.
Why Eviction in Texas Is Rigged Against Landlords
Texas landlords enjoy very few breaks in the state’s eviction laws. State law gives tenants several methods to slow down or entirely abate the eviction process.
Texas law limits what it calls “postponements” of a lease. But imagine if our client did what most landlords do and signed these affidavits with no actual knowledge of the tenant’s military status. The tenant would have shown our client had committed perjury had a reliable North Richland landlord lawyer not taken this extra step.
Arguably the greatest nuisance for landlords is a tenant who files a notice to vacate that creates options for you instead of limiting them. Make sure your notice to vacate is delivered in a manner that can be proven. You will not spend a lot of money by hiring your attorney to draft and send your notice to vacate for you. And you get the added benefit of having the notice go out on a lawyer’s letterhead.
And yes – hiring Girling Law will go a long way towards helping you even the odds with your tenant!
As a landlord, you have quite a bit at stake when entering into a rental agreement. States have laws in place to help you protect your investment. As the owner, it is your responsibility to know the important rules and regulations of renting out your property.
You should be knowledgeable about the legal documentation of rental business, lease agreements, rules and regulations of tenancy, property repairs, eviction, return of security deposits, and your duties as the landlord. Landlords have rights and it’s important to understand what they are with the help of a competent landlord attorney in North Richland.
Federal Fair Housing Laws
Respecting the tenant’s rights is also an important part of defending your rights as a landlord. As the property owner, one of your duties is to carefully choose tenants who are willing to comply with the terms and conditions of the rental agreement or rental lease. You need to look for trustworthy occupants with stable income and good credit scores.
During the selection process, the landlord should keep in mind that there are federal anti-discrimination laws that must be observed. One of the laws includes the Federal Fair Housing Act that prohibits an individual to discriminate against a person based on nationality, race, origin, color, religion, sex, disability, familial status, or age. A qualified landlord lawyer in Texas can help you comply with these federal laws.
Girling Law’s Role in Your Eviction Strategy
You’ve probably heard Benjamin Franklin’s expression, “An ounce of prevention is worth a pound of cure.” Always keep Girling Law in your arsenal. And always call us early. We will never charge you for an initial consultation.
If you have read this entire page, you have some sense of the many opportunities that tenants have to make a simple eviction in Texas not so simple. Taking advantage of every opportunity to cause your tenant to leave your rental property early is key to minimizing your costs. A notice to vacate that’s on an attorney letterhead is way more intimidating than the same notice on a blank piece of paper. Do you think a tenant is more likely to vacate or less likely to vacate knowing an attorney will handle his eviction?
Even if your eviction proceeds, you want a law firm that can handle all stages of the eviction process. You want a real estate law firm with plenty of experience in Justice of the Peace Courts. You want an experienced North Richland landlord attorney who is a familiar face to those Justices of the Peace. When the tenant appeals to County Court, you need an attorney who understands and has experience in fast-tracking and challenging these appeals. When your tenant takes your case to a bankruptcy court, U.S. District Court, or a Texas Court of Appeals, you need an attorney who can roll with the punches.