Understanding
Evictions in Texas
An eviction is the legal process by which a landlord can remove a tenant from the rental property. In our experience, the most common reasons we see for our clients include:
- Non-Payment of rent.
- Violation of lease terms.
- The expiration of lease without renewal including a month-to-month agreement.
Steps to Prevent an Eviction
1. Communicate with Your Landlord
Early Communication: If you anticipate difficulty in paying rent or complying with lease terms, notify your landlord as soon as possible. Honest communication can sometimes lead to a mutual agreement or alternative solutions.
Payment Plan: Propose a payment plan if you're unable to pay the full rent on time. Some landlords may prefer to work out a payment arrangement rather than go through the eviction process.
Note: If your landlord agrees to a payment plan with the promise of not filing an eviction lawsuit against you, retain all written communication and have the agreement in writing. If your landlord files an eviction lawsuit against you, your eviction will become a public record and may be reported to a consumer reporting agency. Visit How Does an Eviction Impact Me to learn more.
2. Review Your Lease Agreement
Know Your Rights: Carefully review your lease agreement to understand your rights and responsibilities. Ensure you are aware of the clauses regarding late payments, grace periods, and any penalties for late rent. If your lease agreement does not address your concerns, you may refer to the Texas Property Code to ensure your rental rights are protected.
Understand your Terms: Make sure you understand what constitutes a lease violation and any specific terms your landlord may enforce including but not limited to:
- Payment Due Clause: If you live in an apartment that uses the Texas Apartment Association Lease Contract, it is important to note a specific clause that states, “you must pay your rent on or before the 1st day of each month (due date). There is no grace period for the payment of rent, and you agree that not paying rent on or before the 1st of each month is a material breach of this lease.” This is important because if you pay after the due date including the applicable late fees, you are still considered in material breach of the lease agreement, and your landlord can, at their discretion, deliver you a notice to vacate and subsequently file an eviction lawsuit against you.
- Note on Repairs: If you are withholding rent due to your landlord failing to make repairs, this carries significant risk and is not explicitly covered under the Texas Property Code. Failure to pay rent will result in the material breach of your lease agreement. Alternatively, we recommend you consider the following remedies:
- Repair and Deduct Remedy: Texas Property Code § 92.056 and § 92.0561
- Judicial Remedies: Texas Property Code § 92.0563
- Termination of Lease: Texas Property Code § 92.0563(a)(4)
- Application of Payments Clause: If you rent an apartment or a property through a private landlord that uses the Texas Apartment Association Lease Contract or the Texas Realtors Residential Lease, please be mindful of the application of payments clause. This clause states that if you owe any fees, rent payments will be applied to them first. Once applied, you will have a remaining rent balance that is due immediately and you may be in material breach of your lease agreement or be in default, subject to a notice to vacate and subsequent eviction.
3. Address Lease Violations
- Correct Violations Promptly: If you have violated any lease terms (e.g., unauthorized pets, unauthorized occupants, property damage), take immediate action to rectify the situation. Document your efforts and communicate them to your landlord.
- Maintain Documentation: Keep detailed records of any repairs, communications, and payments made to demonstrate your compliance with the lease terms.
3. Seek Financial Assistance
Rental Assistance Programs: If your local municipality does not offer financial assistance programs, there may be non-profit organizations that can help. We recommend the following organizations that may offer one-time rental assistance in Houston and surrounding areas:
To learn more about rental assistance programs, visit our page on Rental Assistance Programs.
5. Eviction Intervention Services and Support
Eviction Intervention: Speak to our advisors at (713) 322-4799 or contact us through our website to explore your options including:
- Eviction Advisory
- Landlord and Tenant Mediation
- Eviction Delay
- Apartment Location Assistance
- Financial budgeting, credit counseling, and debt relief
6. Legal Counsel
If you believe your landlord is wrongfully evicting you, seek legal advice from a licensed attorney.
