Texas Eviction Information
Find essential information about the Texas eviction laws and processes, including timelines, legal requirements, and the steps we take to help you reclaim your property swiftly and legally.
Understanding the Texas Eviction Process
The eviction process in Texas involves specific legal steps and timelines that must be carefully followed to ensure compliance and avoid delays. From delivering a notice to vacate to obtaining a court judgment and securing a Writ of Possession, each stage has unique requirements that can be challenging to navigate. EZ Evictions specializes in Texas evictions, providing property owners with a clear, efficient path through the process while adhering to all state laws. Our goal is to make the eviction process as straightforward as possible, allowing you to reclaim your property quickly and legally. For more Texas eviction information, please visit Texas State Law Library.
Grounds for Eviction
In Texas, property owners and landlords can pursue eviction under specific, legally recognized circumstances. Understanding these grounds is essential to ensure compliance with state laws and avoid complications in the eviction process. Here are the primary grounds for eviction in Texas:*
Non-Payment of Rent
Non-payment is one of the most common reasons for eviction. If a tenant fails to pay rent on time as specified in the lease agreement, the landlord may issue a notice to vacate. Texas law typically requires a three-day notice period unless otherwise stated in the lease.
Violation of Lease Terms
Lease violations, such as unauthorized occupants, pets, or property misuse, may also provide grounds for eviction. When a tenant breaches the terms of the lease, the landlord may issue a notice to vacate, giving the tenant an opportunity to correct the issue or vacate the premises.
End of Lease Term
When a lease term expires and the landlord chooses not to renew, the tenant may be asked to leave the property. In such cases, the landlord must provide appropriate notice, which varies based on the specific lease agreement and local regulations.
Illegal Activities on the Premises
Texas law allows for eviction if the tenant engages in illegal activities, such as drug-related offenses or other criminal conduct, on the property. A landlord can issue a notice to vacate with a shorter timeline, depending on the severity of the offense.
Health and Safety Violations
Actions by the tenant that endanger the health and safety of other residents or significantly damage the property can also be grounds for eviction. In these cases, a landlord may provide notice to vacate and seek eviction to maintain a safe environment.
*This information is provided for general informational purposes only and is not intended as legal advice. Eviction laws in Texas may vary by locality and situation, and additional legal requirements may apply. For specific legal guidance on eviction matters, please consult a qualified attorney or legal professional.
Steps of the Texas Eviction Process
Eviction proceedings in Texas involve multiple steps, each requiring specific timeframes and legal protocols. A tenant is not immediately removed from the property once the process begins; instead, the eviction proceeds through a defined sequence. Until a Writ of Possession is issued, the tenant has the right to remain on the property. Here’s a general outline of the steps involved*
Written Notice to Vacate
The eviction process starts with a written notice to vacate, which the landlord must deliver to the tenant. Texas law typically requires at least 3 days’ notice before the landlord can file for eviction. In some cases, the CARES Act mandates a 30-day notice period.
Filing of Eviction Suit
Once the notice period has passed, the landlord may file an eviction suit. Texas law requires that the eviction hearing be scheduled no earlier than 10 days from the date of filing.
Judgment
After the eviction hearing, a judgment is issued by the court. No further action can occur for 5 days following the judgment, as this time is designated for either party to file an appeal if desired.
(Optional) Appeal
If the tenant files an appeal, the court schedules a hearing, which cannot take place for at least 8 days after the appeal is filed. This step is optional and only occurs if the tenant seeks to contest the judgment.
Writ of Possession
Once the judgment is final, the landlord may request a Writ of Possession. This legal document allows the landlord to reclaim the property. A 24-hour notice will be posted by the constable before the writ is executed, at which point the tenant’s belongings may be removed from the property.
*The specific circumstances of each case may alter this timeline slightly. This outline provides a general example of the typical timeframe for eviction proceedings in Texas.
Eviction Protections
At EZ Evictions, we frequently address questions about how to legally remove individuals who are staying in a home without a formal, written lease. These individuals can include:
- Significant Others
- Family Members
- Long-term Guests
- Subtenants
- Roommates
*This information is provided for general informational purposes only and is not intended as legal advice. Eviction laws in Texas may vary by locality and situation, and additional legal requirements may apply. For specific legal guidance on eviction matters, please consult a qualified attorney or legal professional.
Ready to Reclaim Your Property?
Contact EZ Evictions today and let us handle the eviction process quickly and professionally, so you can regain control and peace of mind without the hassle.