Evicting a tenant is rarely simple. Circumstances for each case could be different and eviction laws that must be taken into account vary from state to state. Under Texas state law, a landlord is allowed to evict a tenant for violations of the rental or lease agreement, which could include unlawful stay, not moving out of the rental property after termination, and other similar scenarios.
Taking legal action and learning how a property owner can evict a tenant can be difficult. The entire legal process, which includes writing a notice of eviction and commences with the actual tenant eviction, is best explained by a lawyer. Below, however, is an overview of what to do if a tenant is violating or has violated the lease or rental agreement:
A written notice must be prepared in a manner pursuant to the relevant landlord-tenant law.
When it comes to tenant eviction, a notice to vacate must be prepared with all the necessary details. The tenant’s name, the address of the rental unit, and the date and manner the notice was given must be included. It must also indicate the reason why he or she is being evicted.
Also included is an ultimatum stating that a court case will be pursued if he or she fails to vacate the unit within three days, or the previously agreed upon period.
Get legal aid from experts. If details of non-payment of rent or violations that led to the landlord-tenant disputes are missing, the eviction notice can be considered invalid and the three-day period will not be applicable. Before a landlord can continue with the eviction process, a new notice in writing must be prepared.
It is important to know how timing is crucial when it comes to giving the notice to vacate the property.
Terminating a certain tenancy in Texas must be according to all relevant landlord and tenant law. Generally, as soon as a violation of the tenancy agreement is discovered, landlords can deliver a notice to vacate and renters must move out of the rental property in three days, which includes holidays and weekends. If the one renting fails to do so, seek legal help and start preparing court forms for an eviction lawsuit.
Note, however, that the three-day notice does not apply to landlords and tenants who agreed to a longer or shorter period. There are also instances where landlords and tenants agree that within a set time, a response may be made to a notice of proposed eviction action. In this case, no notice to vacate may be given and no further eviction procedures may be done until the tenant or occupant responds to the eviction notice or the period to do so lapses.
There are landlord-tenant laws on how to evict tenants legally, so one should not resort to unlawful self-help means.
If a tenant peacefully vacates in three days, the security deposit may be used for damages to one’s personal property, as applicable. If the deposit is insufficient and the tenant refuses to pay, one may sue and wait for court action on the amount that is lacking.
In contrast, if a tenant fails to move out, proceeding with bringing to court an eviction case is likely the best legal advice. In Texas Justice Court, the terms ‘forcible detainer suit’, ‘forcible entry and detainer suit’, or ‘suit to evict’ could be used in the court hearing.
For assistance on any of the above, contact us at Girling Law, PLLC. Call us for a consultation.