A Tenant's Guide to Evictions in Texas

Dealing with landlord/tenant conflicts can be intimidating to a renter. There are several gray areas and misconceptions that sometimes get in the way of renters being able to make an informed decision. Sometimes, landlord/tenant disputes escalate into an eviction process. Knowing and asserting your rights as a renter is imperative in dealing with these kinds of disputes. Here is an overview of the eviction process in Texas, including the rights and limitations of prospective renters and landlords.

A notice to vacate the premises must be in writing and it must be delivered to the tenant. The notice must give the tenant at least three days to vacate (unless previously agreed upon by some clause in the lease) and it must state that the tenant's right to occupancy is being terminated. In the case of eviction due to non-payment of rent, landlords reserve the right to issue a 'pay or vacate' notice, meaning that if arrears are not made on the outstanding balance by a certain date, eviction is warranted.

If the tenant does not obey the vacate order (and there's no penalty for not obeying the order), the next step that the landlord would take is a eviction citation being filed at the Justice of the Peace office. The JP's office will then deliver a notice via the constable which will include a court date in which both parties will appear. If the court finds in favor of the landlord, the tenant has five days to vacate. If the court finds in favor of the tenant, the landlord has five days to file an appeal. If the tenant does not obey the court order to vacate, the landlord can get a Writ of Possession. This entitles him to lock out all occupants of a dwelling and remove any and all personal property from the unit. It does not, however, entitle him to seize said property. The notice must be placed on the door of the dwelling, be no smaller than 8.5x11in, and must give the tenant 24 hours notice before possession occurs.

The only time a landlord can hold a tenant's property for ransom of the past due rent is when the lease agreement explicitly states this in bold and/or underlined print. Otherwise, theft charges may be filed against the landlord. Further, even if the lease does contain this clause, the landlord cannot forcibly enter the dwelling nor cause a disturbance when confiscating items. The landlord does not have the right to lock out a tenant due to non-payment of rent unless the lease explicitly states so and then only if a written notice of the lock out is given three to five days in advance.

Educating yourself in the eviction process is key if you are a renter in the state of Texas. For more information on your rights as a tenant, visit the Austin Tenant Council website at www.housing-rights.org.