While it’s not the most entertaining subject, eviction is probably one of the most important for you to understand if you’re a landlord. In Texas, state law requires that a tenant be given written notice before the eviction process can begin. After receiving notice and the tenant chooses not to move out, then you can file an eviction lawsuit.
As the landlord, you can terminate a tenant’s lease or rental agreement early if they do not pay rent or violate the rental agreement, with the requirement by law that you give the tenant a three-day notice to vacate.
To terminate a lease without cause depends on the term of the lease. If your tenant is on a month to month basis, then you must give them a 30-day notice to vacate. If the lease is a fixed-term, you cannot end a tenancy early unless you have just cause. You, as landlord, are required to wait out the term of the lease before you can give notice to the tenant to move.
If a tenant opts to oppose an eviction, he may have one of several options, the most common being that you (the landlord) did not follow the details of the lease. Or the tenant may say that the property was not properly maintained or that they were discriminated against.
In Texas, there is only one way to legally remove a tenant from your rental property and that is to win an eviction lawsuit. Even then, remember that an officer of the law is the only person who can carry out the actual eviction.
If landlords do not follow the rules set forth by Texas law when evicting a tenant, the eviction may not be valid. These procedures may seem bothersome but they serve to ensure that the eviction is carried out in a justifiable manner so that both the landlord and the tenant are treated with respect.
Because the eviction process can be a stressful situation for a landlord, Cousin James Management offers Eviction Services as part of our overall management package. Our team of experts can manage the entire process on your behalf and you can focus on other things less demanding.