{"id":11063,"date":"2020-06-05T09:04:15","date_gmt":"2020-06-05T09:04:15","guid":{"rendered":"https:\/\/girlinglaw.com\/?p=11063"},"modified":"2020-06-05T09:04:15","modified_gmt":"2020-06-05T09:04:15","slug":"the-difference-between-forcible-entry-and-detainer-and-forcible-detainer","status":"publish","type":"post","link":"https:\/\/girlinglaw.com\/the-difference-between-forcible-entry-and-detainer-and-forcible-detainer\/","title":{"rendered":"The Difference between \u201cForcible Entry and Detainer\u201d and \u201cForcible Detainer\u201d"},"content":{"rendered":"
Eviction laws in Texas can be complicated, and the language used can easily confuse those who are not familiar with them. Landlords seeking to evict tenants must proceed with knowledge of what is lawful and unlawful in dealing with tenancy.<\/p>\n
If you\u2019re a landlord who\u2019s considering evicting a tenant, look into these two terms: \u201cforcible entry and detainer\u201d and \u201cforcible detainer.\u201d According to state law, they are not interchangeable, and each is used in distinct circumstances.<\/p>\n
This statute states that demand for possession should be conveyed in writing by the person who\u2019s entitled to be in possession of the property, complying as well with the requirements for issuing a notice to vacate.<\/p>\n
As confusing as the terms may be, the distinction is really quite simple. \u201cForcible entry and detainer\u201d applies in the absence of a landlord-tenant relationship. This refers to a person who doesn\u2019t have a valid lease on the rental property or a person who has no legal authority to be on the premises.<\/p>\n
On the other hand, when a landlord wishes to end a lease agreement and have a tenant evicted, a \u201cforcible detainer\u201d action is what is used in the eviction process. Forcible detainer actions are often used in eviction cases involving:<\/p>\n
There are other possible reasons for eviction as well. It\u2019s best that you get legal aid from a lawyer to find out if you\u2019re eligible to file a forcible detainer action. If qualified, take note that you have to follow these steps:<\/p>\n
It goes without saying that the landlord has to show cause for eviction, e.g. proof that the renter owed rent payment, that the terms of the lease have been violated, or that the lease itself has expired and the landlord has opted not to renew it. Keep in mind that evictions and forcible detainer actions may not be done for discriminatory reasons.<\/p>\n