{"id":11417,"date":"2021-03-24T16:59:53","date_gmt":"2021-03-24T16:59:53","guid":{"rendered":"https:\/\/girlinglaw.com\/?p=11417"},"modified":"2023-05-23T03:31:59","modified_gmt":"2023-05-23T03:31:59","slug":"landlording-101-tenant-eviction-in-texas","status":"publish","type":"post","link":"https:\/\/girlinglaw.com\/landlording-101-tenant-eviction-in-texas\/","title":{"rendered":"Landlording 101: Tenant Eviction in Texas"},"content":{"rendered":"
In this article, we\u2019ll outline the eviction process for you: from the eviction notice onwards. If you need legal help with landlord-tenant law, a<\/span> Dallas – Fort Worth landlord <\/span><\/a>attorney can help you get what you need to evict tenants.\u00a0\u00a0<\/span><\/p>\n A landlord can\u2019t terminate a fixed-term tenancy without good cause. If they haven\u2019t violated the terms of the agreement or haven\u2019t forgotten to pay rent, Texas law prevents you from getting them evicted.<\/span><\/p>\n A landlord who wants a fixed-term tenant to vacate the premises must wait out the duration of the lease. The good news is that landlords do not have to give the occupant notice that they won\u2019t renew the lease unless required by the lease itself.\u00a0<\/span><\/p>\n A tenant who does not vacate the property by the end of the term becomes what\u2019s known as holdover tenants. They\u2019re no longer protected by the lease. In Texas, a landlord must provide holdover tenants a three-day notice to vacate. If they refuse to move out by the end of the three days, you can file a forcible detainer suit (AKA eviction lawsuit) against them in court.\u00a0<\/span><\/p>\n Landlords who want to terminate a monthly tenancy have to provide notice to the tenant. The amount of time required for the notice is dependent on how many times they pay each month.\u00a0<\/span><\/p>\n If payment is more than once every month, the tenancy can end on the later of the following:<\/span><\/p>\n If payment is once monthly, you can terminate the tenancy on the later of the following:<\/span><\/p>\n A landlord can choose to end a tenancy early for problem tenants. If they keep violating the rental agreement\/lease agreement, or if they miss the rent payment, you can follow the legal process for eviction of renters.\u00a0<\/span><\/p>\n Before an eviction lawsuit filing, you must give the tenant three days\u2019 notice to vacate the rental property. If they don\u2019t move out at the end of the period in the notice of eviction, you can then sue them in court to evict these nuisance tenants.<\/span><\/p>\n It\u2019s important to follow the letter of the law when it comes to eviction and unlawful detainer. One mistake with the paperwork or the eviction action can cause trouble and unnecessary expenses. Talk to our experienced Dallas – Fort Worth landlord lawyers to get legal aid with the eviction proceedings and unlawful detainer action.\u00a0<\/span><\/p>\n Not all tenants will take an eviction lying down. If the tenant decides to fight the eviction, you need to know their possible defenses so you can prepare for these and counter them. Here is a list of the most common eviction defenses:<\/span><\/p>\nNotice of Termination Without Just Cause<\/span><\/h2>\n
Ending a Fixed-Term Tenancy<\/span><\/h3>\n
Ending a Month-to-Month Tenancy in Texas<\/span><\/h3>\n
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Notice of Termination For Cause In Texas<\/span><\/h2>\n
Tenant Defenses to Eviction<\/span><\/h2>\n
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Removing a Tenant in Texas<\/span><\/h2>\n