According to the law in Texas, a landlord has the right to evict a tenant under particular circumstances. However, there are procedures both the landlord and tenant must follow.
If you’re looking for information on the eviction process in Texas, here are five fast facts you should know. Many evictions happen under unique circumstances. It is in your best interests to consult a local real estate lawyer to better understand your tenant rights.
A Landlord Can Evict You for Several Reasons
Some of the common reasons a Texas landlord can evict their tenants include:
- Failure to pay rent as agreed
- The tenant engages in illegal activities within the building
- Renting out space without consulting the landlord
- Continuously disturbing neighbors with loud activity
- Or other lease violations per the agreement you signed.
A Landlord Cannot Start the Eviction Suit without Serving a Notice
The eviction process cannot begin until the landlord issues the tenant a three-day notice to vacate. This period can, however, be longer or shorter depending on the lease. The notice must be in writing and contain pertinent information like the expected date of vacating.
It’s only after no action from the tenant, such as failure to pay or vacate, that the landlord can file an eviction or forcible detainer lawsuit.
You Have a Right to Appeal This Suit
If you feel the notice was served unfairly or with no grounds, you can appeal the eviction suit and get to keep your home if successful. The justice court will schedule a date for your hearing where you can present your defenses.
Some of the common defenses a real estate attorney can use are the landlord’s violation of the eviction procedure, unlawful discrimination, retaliation, among others.
A Landlord Cannot Evict You in Person
The only person with the legal mandate to physically remove you from the property is an authorized officer of the law. This happens if the landlord wins the lawsuit and obtains a writ of possession.
A Landlord Cannot Evict You as Retaliation
Finally, your landlord cannot send an eviction notice as retaliation.
Retaliation occurs when a landlord threatens to or punishes a tenant for complaining about issues on their premises or getting involved in tenant organizations. If you believe your eviction is a retaliation, consider reviewing the situation with an attorney to determine if your tenant rights have been violated.
Speak with a Real Estate Lawyer in Texas
Most tenants do not understand their rights when faced with an eviction notice and end up succumbing to their landlord’s demands. While a landlord has every right to evict you from their property, there’s a legal procedure to follow. Failure of the procedure could mean it’s an illegal eviction and your lawyer will remedy the situation.
Consult a real estate lawyer to determine if any violations have occurred, as well as chart a clear path for your current living situation. Call the Curry Law Firm at 713-574-2070 or simply leave a message through our contact form, and we’ll reach you.
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