Real Estate Blog

This is not a fun subject. How's that for a great way to start a blog post? Well, it's not. Nobody, even a ticked-off landlord, really wants to put someone out on the street, but sometimes you will have to deal with an eviction. This is a big topic, with more ins and outs than I can cover in one post, but here are the basics.

Eviction in Texas

There are four steps to evict a tenant that are required in Texas:

- Delivering a Notice to Vacate

- Filing an Original Petition to start a lawsuit against the tenant. (If necessary.)

- A court hearing.

- Filing a Write of Possession to order the Constable to remove the Tenant.

Naturally, there are rules attached to each part of the process. (And the best case scenario is that your serve the Notice and the tenant complies.)

Notice to Vacate

This can either be hand-delivered to the tenant or to any person who lives on the premises age 16 or older. Putting the notice inside the main door of the entry, or affixing it outside the main entry are both considered valid "hand delivery." Technically you can send it by regular, registered, or certified mail return receipt, but some judges won't go for that. Hand delivery is the best option.

Most leases give the tenant three days' notice for eviction, and if there is no lease, the required period is three days. That time period starts from the moment the notice is actually delivered. Also, you'll need two copies of the Notice to Vacate; one for the court if a lawsuit is filed, and one for your records. Write the date and the time the Notice was delivered on the copies as well as to whom the Notice was delivered if applicable.

The Original Petition

A lawsuit may become necessary if the Notice period passes and the Tenant is still occupying the property. The specific action that is then required is a "Forcible Entry and Detainer" lawsuit. As long as you work this process step by step, it actually will proceed quite smoothly. There are two initial documents, either the Original Petition or a Military Affidavit. Both are filed in the Justice of the Peace Court in the precinct where the property is located, generally for a fee of $100.

Now, obviously, this is a good place to stop and point out that the potential need for eviction is one of the best reasons on the "why hire a property manager" list. Eviction must be handled appropriately to meet not only the requirements of the law, but also to ensure the tenant's rights are being honored. The Attorney General's website does a good job of enumerating these rights, and I suggest reviewing them from time to time.

And, the Better Option?

Don't get in a position where you need to evict a tenant in the first place! Do what you need to do to have a strong tenant base, which means pay attention to your due diligence. If you have doubts, but the tenant otherwise looks good? Get a bigger security deposit and / or a guarantor.