As a landlord, problem tenants are an inevitable part of the business. With the CARE act and the Center for Disease Control’s (CDC) eviction moratorium, these problem tenants may think they are immune from removal and they can continue staying illegally in your property. However, the Texas Supreme Court has approved challenges to this moratorium. Thus, it’s still important to know how to evict a nuisance tenant properly.
Tenant eviction is the legal process by which a landlord removes a tenant from a property. It can be for various reasons, including failure to pay the rent, illegal activity, or violation of lease agreement, among others.
An eviction notice is also known as a notice to vacate, notice to quit, or lease termination. Regardless of the name, the purpose is the same: you use an eviction notice to inform a renter that they are violating the lease agreement, and they may face removal from the property if the problem persists.
Types of Eviction Notices
Here we provide you three kinds of eviction notices. For additional legal help with writing correct notices and other paperwork, don’t hesitate to contact us.
Three-day Eviction Notice for Non-Payment
A common problem tenant is one that regularly fails to pay rent. Payment can be considered late if the rent remains unpaid the date after its due. You must provide the tenant a three-day notice for non-payment before proceeding with the eviction lawsuit. Alternatively, you can also give the tenant a late rent notice telling them to pay the amount owed before the eviction can be done.
Three-Day Eviction Notice for Non-Compliance
Use this form to notify the tenant that they have violated the lease and that they may face eviction action if the violations are not corrected.
A landlord must give this notice along with the terms in the rental agreement which were violated three days they can legally evict them.
Thirty-Day Notice to Vacate
Use this for month-to-month leases. This is used by a landlord or a tenant to let the other know of their intention to terminate the lease agreement by the end of 30 days.
What is the Eviction Process in Texas?
Before starting the eviction process, the landlord must give the renters a proper notice to end their stay. Consult with us to prevent any mistakes with the eviction proceedings.
Here are the steps you need to follow to avoid illegal eviction.
1. Deliver the Notice
A landlord must notify the tenant of the eviction as the circumstances allow.
2. Wait for the Tenant
If the tenant solves the violation or moves out in time, you won’t need to go to court or any further action. If they refuse to move out or refute the eviction notice, then proceed to the next steps.
3. File the initial court documents
Start the official eviction process by filing the proper documents.
4. Attend the court hearing
Usually, the preliminary hearings for the landlord and the tenant are held separately unless the tenant is defending against being evicted.
5. File a Writ of Possession
Five days after the judgment, if the tenant refuses to move out and has not made an appeal, a writ of possession must be filed to the court by the landlord. A Writ of Possession is an order from the Court which has previously made a ruling in favor of a landlord in an eviction case.
6. Evict the tenant
Should the request for writ be granted, law enforcement will help the landlord to remove the tenant from the property.
Related Texas Court Forms
- Petition for Eviction from Residential Premises: This is the official form requesting a court order to evict a tenant.
- Request for Writ of Possession: When eviction is official, use this if the tenant refuses to move out, so that law enforcement may be involved.
- Case Information Sheet: A landlord submits this form to the court, informing them of the kind of lawsuit and the parties involved.
- Military Status Affidavit: Submit this form to notify the court that the tenant is on active military service.
Evicting a tenant is a common part of being a landlord. We at Girling Law, PLLC are experienced with landlord-tenant law, evicting an occupant, and eviction procedures. We help landlords avoid unlawful eviction. For legal assistance on any of the above, call us at 817 659-2033 for a consultation.