Introduction

Eviction is a legal process that allows a landlord to recover possession of a rental property when a tenant breaches the lease or fails to pay rent. Texas law provides clear procedural steps landlords must follow to ensure the eviction is valid.

Grounds for Eviction

Common legal reasons include:

• Non-payment of rent;
• Violation of lease terms;
• Holding over after the lease expires; or
• Criminal activity or damage to the property.

Steps in the Eviction Process

1. Notice to Vacate: Typically, a 3-day written notice unless the lease specifies a different period.
2. Filing the Eviction: Filed in the Justice of the Peace (JP) Court in the property’s precinct.
3. Court Hearing: Both parties present their evidence.
4. Judgment: If the landlord prevails, the tenant usually has five days to appeal.
5. Writ of Possession: If no appeal is filed, the constable can remove the tenant and return possession to the landlord.

Tips for Landlords

Strict compliance with notice and filing requirements is critical. Even small procedural errors can result in case dismissal. Burns & Black can help prepare the required documentation, take care of legal process and defend tenants facing improper eviction actions.

Disclaimer: 
The foregoing blog is intended to be for general information only and not specific legal advice.  All readers agree that no attorney-client relationship is intended or established by reading the blog. For specific legal advice, all readers must contact their own attorney or the State Bar of Texas Lawyer Referral and Information Service (LRIS).