Being a landlord in Texas comes with a unique set of responsibilities. While we provide safe and habitable housing, our tenants are obligated to uphold their end of the lease agreement, which includes paying rent on time and respecting the property. Unfortunately, there are times when evictions become necessary to protect our investments.
At Manning & Meyers, we understand the complexities and potential anxieties associated with the eviction process. Our aim is to empower landlords with the knowledge and resources necessary to navigate these situations while ensuring compliance with Texas law. We believe in fostering positive landlord-tenant relationships, but we also recognize the importance of protecting your property rights.
Common Reasons for Eviction in Texas
While we always hope for the best with our tenants, there are certain situations that may necessitate eviction proceedings. Some of the most common reasons include:
Non-Payment of Rent
The most frequent cause for eviction is the failure to pay rent as stipulated in the lease agreement. We understand that financial difficulties can arise, but consistent non-payment can significantly impact our ability to maintain the property and cover associated expenses.
Lease Violations
Tenants who violate the terms of their lease agreement may also face eviction. This includes unauthorized pets, exceeding the allowed occupancy limit, causing damage to the property, or engaging in disruptive behavior that disturbs other tenants or neighbors. Maintaining a peaceful and respectful environment for all tenants is a priority for us.
Criminal Activity
Engaging in illegal activities on the property is grounds for immediate eviction. This includes drug-related offenses, violent crimes, and any actions that threaten the safety and security of the property and its residents. We have a zero-tolerance policy for criminal behavior that jeopardizes the well-being of our tenants and our community.
Holding Over
When a tenant remains on the property after the lease term has expired without a new agreement in place, it is considered “holding over.” In these cases, we have the right to reclaim possession of the property and may pursue eviction if necessary.
Navigating the Eviction Process in Texas
The eviction process in Texas follows a specific legal procedure designed to protect the rights of both landlords and tenants. As landlords, it’s our responsibility to adhere to this process diligently. Here’s a step-by-step overview:
- Notice to Vacate: The first step in the eviction process is to provide the tenant with a written Notice to Vacate. This notice must be delivered at least three days before filing an eviction lawsuit and clearly state the reason for eviction and the date by which the tenant must vacate the premises.
- Eviction Lawsuit: If the tenant fails to vacate by the specified date, we can file an eviction lawsuit with the Justice Court. This formally initiates the eviction process and requires the tenant to respond to our claims in court.
- Service of Citation: Once the lawsuit is filed, the tenant is formally served with a citation, notifying them of the lawsuit, the court date, and the time they must appear in court to respond to our claims.
- Court Hearing: Both parties have the opportunity to present their case before a judge at the court hearing. The judge reviews the evidence and arguments from both sides to determine whether the eviction is justified.
- Order of Possession: If the judge rules in our favor, an Order of Possession is issued, granting us the legal right to reclaim possession of the property.
- Writ of Possession: If the tenant still refuses to vacate after the Order of Possession is issued, we can request a Writ of Possession from the court. This writ authorizes a constable to forcibly remove the tenant and their belongings from the property.
Protecting Your Rights as a Landlord
While it’s important to understand and respect tenants’ rights, it’s equally important to be aware of our own rights as landlords. Here are some key points to remember:
- Right to Timely Rent Payments: We have the right to expect timely rent payments as outlined in the lease agreement. Consistent non-payment can disrupt our financial stability and hinder our ability to maintain the property effectively.
- Right to Enforce Lease Terms: The lease agreement is a legally binding contract, and we have the right to enforce its terms. This includes addressing lease violations and taking appropriate action to ensure compliance.
- Right to Reclaim Possession: When a lease term expires or is terminated for valid reasons, we have the right to reclaim possession of our property. This allows us to prepare the unit for new tenants or make necessary renovations.
- Protection Against Frivolous Lawsuits: While tenants have the right to raise concerns and seek legal recourse, we are protected against frivolous lawsuits that lack merit. Our legal team can help us defend against such claims and protect our reputation.
Seeking Legal Counsel | Manning & Meyers | Your Partner in Property Rights
Navigating the eviction process can be complex and time-consuming. Seeking legal counsel from experienced attorneys specializing in landlord-tenant law is crucial to minimizing the loss of rental revenue by ensuring an eviction proceeds as quickly as possible, while ensuring compliance with Texas law.
At Manning & Meyers, we are committed to providing landlords with expert legal representation and guidance throughout the eviction process. Our team understands the intricacies of landlord-tenant law and can help you:
- Understand your rights and responsibilities as a landlord in Texas
- Draft and review lease agreements to minimize potential disputes
- Navigate the eviction process efficiently and effectively
- Represent your interests in court proceedings
- Protect your property and your livelihood
We value our tenants and strive to create positive landlord-tenant relationships. However, there are times when evictions become necessary to protect our investments and maintain the integrity of our properties. By understanding the eviction process and seeking expert legal counsel, we can navigate these situations with confidence and ensure compliance with Texas law.
If you’re facing a potential eviction or have concerns about your rights as a landlord, don’t hesitate to contact Manning & Meyers today. Our experienced attorneys are ready to provide personalized guidance and support, ensuring you are treated fairly and have access to the legal representation you deserve.
FAQ
What are the common grounds for eviction in Texas?
Common grounds for eviction include non-payment of rent, lease violations, criminal activity on the property, and holding over after the lease term expires.
How much notice must a landlord give before evicting a tenant in Texas?
In most cases, landlords must provide a written Notice to Vacate at least three days before filing an eviction lawsuit.
Can a landlord evict a tenant without a court order in Texas?
No, landlords cannot use self-help measures to evict a tenant without a court order. Doing so is illegal and can result in legal action against the landlord.
What should I do if a tenant refuses to vacate after receiving a Notice to Vacate?
If a tenant refuses to vacate after receiving a Notice to Vacate, it’s crucial to seek legal counsel and initiate the eviction process through the Justice Court.