As the eviction moratorium comes to an end, Texas might see a rise in eviction notices. When that time comes, landlords need to make sure they have evidence to support their eviction and follow the eviction process guidelines.
Landlords know that they have to take action immediately when they are dealing with a problem tenant. They know that there may be legal costs if they have to go through with an eviction lawsuit, so it's best to try to solve the problem without filing one. However, landlords also know that sometimes they are unavoidable.
Continue reading to learn more about evictions and how the eviction process works in Texas.
Have a Valid Reason for the Eviction
Having a valid reason for why you want the tenant to move out of your rental is essential to having a successful eviction. You can't evict a tenant for being annoying or exercising their legal rights. Some legitimate reasons for tenant eviction might include:
- Violation of the lease
- Illegal activity by the tenant or in the apartment
- False info on the rental application
- Non-payment of rent
- Health and safety violations
If you don't fulfill your end of the lease agreement, your tenant can fight back against your attempt at evicting them. They could claim that you didn't maintain the premises or that you discriminated against them.
Communicate With Your Tenant
Some tenant-landlord issues can be solved by simply having a conversation with the tenant. It might be a difficult conversation to have, but it needs to happen. You never know if it's all a misunderstanding or you can come to an easy agreement.
If this doesn't work, tell them that you will be going through with filing the eviction to get the ball rolling.
Filing the Paperwork
As a landlord, you must give the tenant a written eviction notice three days before filing a lawsuit. This written "Notice to Vacate" has to get delivered to an individual over the age of sixteen or taped to the inside of the main entrance (in plain view). Usually, the constable or sheriff will serve the tenant with the papers.
If an in-person delivery is not possible, you can leave the copy taped on the outside of the door as long as you also drop a copy in the mail.
Once you've filed the eviction lawsuit, the tenant has the right to appeal the decision before the judge. They can also request a jury for the hearing.
If they don't leave the property (and don't fight the notice), a "Writ of Possession" can be given to the tenant. This is a court order that causes the tenant and their belongings to be removed from the property by the Sheriff.
We understand that this can get overwhelming, but you don't need to worry. You could consider hiring a property management agency to help get you through the entire eviction process with our full-service eviction assistance services.
Evictions in Texas
There are several reasons that a landlord-tenant lease agreement doesn't work out. Unfortunately, there are a lot of hoops to jump through when it comes to handling evictions in Texas. If you don't have the time to handle the process or the confidence to stand up to your tenants for lease violations, we can help.
Contact Home River Group in Austin today to learn about our property management services.
