Texas Eviction Process

Texas Eviction Process

An eviction is a lawsuit through which a landlord removes a tenant from a rental property. This typically occurs when a tenant violates the terms of their lease agreement (material breach), such as failing to pay rent, causing damage to the property, engaging in illegal activities on the premises, or disturbing other tenants by being too loud or noisy.

In Texas, the eviction process is governed by state law and typically begins with the landlord providing the tenant with a written notice to vacate the property. The notice to vacate is required and the amount of time given to vacate depends on the reason for the eviction. If the tenant fails to vacate the property by the specified date, the landlord can then file a lawsuit, known as a forcible detainer suit, with the local justice of the peace court. The court will schedule a hearing where both the landlord and tenant can present their case. If the court rules in favor of the landlord, a writ of possession may be issued, allowing law enforcement to remove the tenant from the property.

It's important for both landlords and tenants to understand their rights and responsibilities under Texas law when it comes to eviction proceedings to ensure a fair and legal process is followed. If you are facing eviction in either Harris County, Fort Bend County, Montgomery County, or Galveston County, it is important you seek immediate help to discuss your options. Please speak to our advisors at (713) 322-4799 or contact us through our website with your availability so one of our advisors can get in touch with you.

How will I know if I’m going to be evicted?

In Texas, the process for eviction typically begins with the landlord providing you, the tenant, with a written notice to vacate the property. The specific requirements for this notice, such as the reason for eviction and the amount of time given to vacate, can vary depending on the terms of your lease agreement and Texas state law.
‍
Here are some common scenarios in which you might receive a notice to vacate:

• Nonpayment of Rent: If you fail to pay rent on time, your landlord may serve you with a notice to vacate, typically giving you three days to pay the overdue rent or vacate the premises.
• Lease Violations: If you violate the terms of your lease agreement, such as causing damage to the property, engaging in illegal activities, or violating other lease provisions, your landlord may serve you with a notice to vacate, usually giving you a certain amount of time to correct the violation or move out.
• Expired Lease: If your lease term has ended and you haven't renewed or extended the lease, your landlord may provide you with a notice to vacate, typically giving you at least 30 days' notice, depending on the terms of your lease and state law.
• No Cause: In some cases, a landlord may choose to terminate a month-to-month lease or a lease with no fixed term without providing a specific reason. In this situation, the landlord typically must provide you with a written notice to vacate a certain number of days before the termination date, usually 30 days in advance.

It's essential to carefully review any notice to vacate you receive from your landlord and take appropriate action based on the terms and requirements outlined in the notice.

If you have any questions or concerns about the eviction process, please speak to one of our advisors at (713) 322-4799 or contact us through our website with your availability so one of our advisors can get in touch with you.

I’ve been served with the eviction lawsuit. What are my next steps?  

‍It is important you do not ignore the eviction lawsuit! Carefully read through the eviction lawsuit papers you've been served with. Pay close attention to the reasons stated for the eviction, the J.P Court and Place number where the lawsuit was filed, and any deadlines or instructions provided. Failure to file a response and appear within the specified timeframe could result in a default judgment against you. Your response should address each of the landlord's claims and include any defenses or counterclaims you wish to assert.

Navigating an eviction lawsuit can be complex and stressful, but taking prompt and informed action can help protect your rights and mitigate the consequences. If you need help with how to proceed or your landlord has already obtained an eviction judgment, please speak to one of our advisors at (713) 322-4799 or contact us through our website with your availability so one of our advisors can contact you.