Evictions in Texas, Landlords & Tenants: Wading Through Both Sides

Living anywhere and dealing with eviction from either side of the issue can be a headache. Each state has its own laws concerning how evictions are handled. Texas also has its own set of rules for handling this hard subject. Knowing what the law says you can and cannot do is very important. Whether you are a landlord or a tenant know your rights and responsibilities.

As a landlord it is important to know what exactly what you should know in order to properly lease your house or apt to someone. If you don't keep accurate records and follow proper landlord procedure, you could end up with damaged property and lost rent. Texas law says that you should have a proper Texas approved lease with all of the tenants information listed on it. You should make sure that your tenant understands what his responsibilities are under the lease. Keep accurate records of all transactions and correspondence with tenant.

You have to have the right reasons to evict someone. Such as the lease is up. If the lease is up, you should send them a letter 30 days before it is actually void and tell them you would like them to move. If they say no or just don't, then you can file eviction. If you have a month to month lease with a tenant, you can notify them 30 days before the next due date that you would like for them to move. Again, if they don't you can file eviction in Texas.

The most obvious reason for evicting someone is non payment of rent. This can be the most frustrating because of the amount of money you stand to lose. First thing to do with any eviction is to gather that all important paperwork.

Then there are several things you have to do to follow the proper procedure of actually filing. According to Texas Landlord/Tenant Rights they are as follows:

1. Notice to Vacate (Forcible Detainer)-This is a letter saying that they owe you money or whatever reason you want to evict them for. You have to hand deliver, send by certified mail and regular mail, or otherwise have it served per Texas law( means hire a server). Texas law says you have to wait for three days before you take any further action.

2. Filing the suit - After you have waited the 3 day period you can go to the Justice of The Peace in your area and file an eviction suit. You take your copy of the Notice to Vacate, proof of the tenant receiving it and about $75 in most counties in Texas. Pay your money and fill out the paperwork. They will file it in the Justice court, schedule a hearing and serve your tenant the notice that you are attempting to have them evicted.

3. The Hearing - You have to prove to the court that you have followed all procedures properly and have attempted to settle the dispute in a peaceable manner. If you did any underhanded or unlawful actions, you will lose your case and it will cost you money beyond the rent you have lost already. Have in hand and in an organized manner all correspondence to tenant, lease agreement and anything else relevant to the case.

Knowing the things you can or cannot do when you are trying to move someone out is important. The biggest don't is DON'T GET MAD! Getting mad can cause you to do stuff that will end up costing you big money. If you don't follow procedures for the following, you will end up getting fined in court and the tenant will win.

A. Changing The Locks - You can change the locks on your property. This is a revised law as of Jan 2008. If you have put this clause in your lease, you have to notify the tenant that they have 5 days before you will have the locks changed. You can only do this after the notice and during reasonable business hours, which eliminates weekends. You do have to give the tenant a key to get in if they request one. You cannot change the locks while they are inside. This is more of a warning of things to come rather than a solution. Keep proof of all events. This has to be put in the lease.

B. Taking Property - You can confiscate property such as electronic equipment and other non essential items. Again, you have to notify the tenant that this is going to happen. You have to hold the property and give the tenant 30 days notice to sell it. Hold on to all proof of all events.

C. Cutting off Utilities - You can cut off the utilities only if it is "All Bills Paid". If the tenant is paying the utility bill, you cannot shut them off. If it is Bills Paid, you still have to notify them in advance that you are going to do that. You also have to state that in the lease. Again proof of all actions is needed.

4. Writ of Possession - This is the final court related action once you have won your case. The courts in Texas allow a 5 day appeal process after an eviction hearing. If the tenant does not appeal, you can file for this paperwork. Most counties require another fee of about $150 for this to be done. This gives you the right to go into your property and move the tenants belongings out.

Most evictions take approximately 25 days from start to finish. You can always pay some more money and get an immediate possession order called a Bond for Immediate Possession. This will cut the time down a few days.

If you are a tenant who has had an eviction filed on you then you should also know what your rights are. According to rentlaw.com, tenants should always know exactly what the lease says before they sign. Leases in Texas have to be clear about what the landlord will and will not do. It has to state if he can confiscate property or change locks or cut off utilities.

You should keep accurate records of all transactions related to your rental of any property. If you don't keep good records, you are fighting a losing battle.
More often than not, unless there has been a violation of rights according to the lease, the landlord is going to win when the eviction is related to non payment of rent. If the landlord has acted in good faith and has notified you of all of his intentions and actions, your most viable recourse is to move. If you have a month to month lease or are at the end of your lease, the landlord has all of the rights in these cases. If he has followed procedure to notify you as required, again your best bet is to move.

If you have been served with an eviction notice and you want to fight it, there are several procedures to follow:

Once the paperwork has been filed for the Forcible Detainer, you have to appear in court to address this. You usually have about 10 days from the date you are served the paperwork. If you are not delinquent on rent and do not want to move, you must provide proof that you are paying your rent as required and are following the terms of your lease. If you owe back rent, you may be able to work out something with the landlord before court to remedy the situation. If he just wants his money, he may allow you to pay him his costs for filing. If not, you can state your case to the Justice of the Peace.

After your court hearing, you have 5 days to appeal the decision of the court if you don't agree. If you don't have the money to file the appeal, you can file a "paupers affidavit". You then have to post one months rent to the court in order to stay in the dwelling while you appeal. The landlord can protest this action but it is approved or disapproved by the court.

After exhausting these options, if you still lose your case, you have to move. The landlord can have the Sheriff show up and sit your belongings on the curb off of the property.

Evictions are bad news for all involved. Landlords can sue for up to $10,000 damages and fees in Texas, but if the tenants moved out due to lack of money to pay rent, this is really just a gesture. If they can't pay the rent, you probably won't ever get your damages and fees.

Tenants have to be aware of the lease they sign. It is important to know what the landlord expects and is allowed to do. Know the rights you have whether you are a tenant or landlord. If you feel you need an attorney, no matter which side of the issue you are own, there are attorneys in Texas that will help. You can also get assistance through Legal Aid.

You can access Texas landlord /tenant Law at: www.rentlaw.com