Can You Get Evicted Right Now in Texas?
Although Texas had a state-wide ban on evictions during the height of the COVID-19 pandemic, that ban ended at the end of May 2020.
Today, eviction court proceedings can vary somewhat depending on the county where you live in Texas. However, all counties follow the same eviction process. This article will discuss how to evict a tenant in Texas.
What are the legal reasons for evicting a tenant in Texas?
In the state of Texas, a landlord must terminate the tenancy before evicting a tenant. State law requires that a landlord must issue a written Notice to Vacate (also called a Pay or Quit notice).
The amount of notice time depends on how often the tenant pays their rent. For example, if the tenant pays rent once a month, the tenancy ends one month after the day the Notice to Vacate is issued.
If the tenant does not resolve the issue in question (such as late rent) or move out, the landlord can file an eviction lawsuit.
Every eviction process is dependent on the lease agreement signed by the landlord and tenant. Reasons for eviction are violations of that specific lease agreement. However, the most common reasons for evicting a tenant include the following:
1. Failure to pay rent on time. Under most lease agreements, rent is considered past due one day after its due date. Some lease agreements include a grace period, and some include a late fee.
If a landlord issues a three-day notice for unpaid rent, they must wait an additional three days for payment. If the tenant pays the rent within those three days, then the eviction process ends.
Texas landlords have no legal obligation to give tenants a second chance. If the tenant does not pay the rent within those three days, the edition process may continue.
2. Other violations of the rental agreement. Landlords also have the right to evict tenants for other lease violations.
If a tenant violates a term of the lease, the landlord must issue a three-day Pay or Quit notice. If the tenant resolves the issue within that period, the eviction process ends. If the violation continues, the landlord may proceed with eviction.
Other than late rent, here are some of the most common lease agreement violations.
- Remaining in the home after the lease ends
- Disturbing other tenants with noise
- Damaging rental property
- Smoking in non-smoking areas
- Violating a no pets policy
3. Conducting illegal activity within the property. If a landlord has reason to believe a tenant is engaging in unlawful behavior within the rental property, they may issue a three-day Pay or Quit notice. The landlord also should notify the police if there is clear evidence of illegal activity.
Examples of illegal activity on the property that would warrant an eviction are:
- Theft, violence, or assault
- The creation, distribution, or consumption of illicit drugs
- Subletting without landlord approval
4. Foreclosure of property. A Texas landlord may evict a tenant when the property is under foreclosure. In this case, the landlords must issue a 30-Day Notice to Vacate.
If the tenant does not move out within this period, the landlord may continue the eviction process.
5. Non-renewal of the lease. As long as a tenant does not violate any rules, they can remain on the property until their lease agreement ends. In other words, a Texas landlord cannot evict a tenant with a fixed-term lease without probable cause.
However, landlords are not obligated to remind their tenants to renew their lease unless reminders are part of the lease agreement. If the tenant remains on the property after their lease agreement ends and has not arranged for a lease renewal, the landlord can issue a 30-Day Notice to Vacate.
What are the next steps in the eviction process?
If the landlord has issued the proper notice and the tenant has failed to comply with its terms, the landlord can file an eviction lawsuit.
Because the end result is that someone may lose their home, the Texas courts review eviction cases thoroughly. It typically takes anywhere from 21 to 60 days for the courts to complete or deny the eviction process.
Landlords must be prepared to show lease agreements, bookkeeping records, bank receipts, video or photographic evidence, and copies of relevant correspondence as proof of their claim of lease agreement violations.
If a tenant decides to fight an eviction, their most common defense is that the landlord did not follow the steps of the eviction process according to the law. Another possible reason is that the landlord did not maintain the property in accordance with the lease agreement.
