Can I Evict a Tenant to Sell a Property in Texas?

As a landlord in Texas, I've had to decide whether to sell a property with tenants. If you are currently considering the same thing, you may be wondering if it is possible to evict tenants so you can sell the house. It's a tough choice, balancing the need to sell against the impact on families. I learned a lot about Texas laws and the rights of both landlords and tenants.

Selling a property with tenants in Texas is complex. You must balance your rights as a property owner with tenant protections. Knowing the legalities is important to avoid mistakes and ensure a smooth sale. It would always be a good idea to consult with a knowledgeable lawyer about any such matters.

In Texas, the lease agreement is crucial when selling a rental property. State law protects tenant rights, so you can't evict without proper cause or notice. This means you must follow the law even if you want to sell quickly.

Key Takeaways

• Landlords must provide 30 days' notice to end a lease agreement in Texas
• Tenants have the right to stay until the lease ends, even after a property sale
• Eviction should be a last resort due to legal risks and time-consuming court processes
• Negotiating early lease termination with incentives can be a win-win solution
• Selling to a real estate investor might be advantageous for properties with tenants

Can I Evict a Tenant to Sell a Property?

Basically, you can only evict if there are legal reasons to do so. You cannot simply evict in order to have your house vacant to sell it. Wanting to sell your rental property is not one of those legal reasons.

Selling a property with tenants in Texas is not difficult. Let's cover your options if you would prefer to sell the house without tenants.

Sometimes you can have a tenant move out in other ways that do not involve eviction.

Legal Grounds for Eviction in Texas

In Texas, landlords need valid reasons to evict tenants. These include lease violations or not paying rent. Wanting to sell isn't a legal ground for eviction. Landlords must follow proper procedures and give notice before starting the eviction process.

According to Jarrett Law Firm, "While lease agreements can vary, there are several common clauses that, if violated, can serve as grounds for eviction:

Non-payment of Rent: This is often the most straightforward reason for eviction. If a tenant fails to pay rent by the date specified in the lease, they violate the rental agreement.

This is the grounds for legally evicting a squatter as well.

Illegal Activities: Most leases prohibit illegal activities on the property. A tenant engaging in unlawful actions can be grounds for immediate eviction.

Pets: Many leases have a no-pets clause. A tenant bringing a pet onto the property without permission could lead to eviction.

Maintenance and Repairs: Tenants are generally required to maintain the property and report any needed repairs. Failure to do so can result in eviction. You have options if the tenant damages the property.

Overstaying the Lease Term: If a tenant stays beyond the agreed-upon lease term without renewing the lease or moving out, they can be evicted.

Subletting: Many leases prohibit subletting the property without the landlord’s permission. Doing so can result in eviction."

In Texas, a legal eviction can take between 30 and 60 days.

Termination Clauses and Buyout Options

Some lease agreements have termination clauses that allow early ending if the property is sold. Check your lease for such clauses. If not present, consider a buyout. This involves offering money to tenants to leave early. It's a voluntary agreement between both parties.

Consequences of Illegal Eviction

Trying to force tenants out illegally can lead to serious trouble. Illegal evictions might result in lawsuits, fines, or even criminal charges. Always follow Texas law when dealing with tenants. If you're unsure, seek legal advice from a qualified attorney before taking action.

According to Azibo, "Texas law prohibits landlords from resorting to "self-help" evictions. Without a court order, a landlord cannot forcibly remove a tenant from the property, change the locks, or shut off utilities. If a landlord attempts a "self-help" eviction, the tenant may have grounds to sue for damages."

Remember, if you want to sell with tenants in place, you must honor existing lease terms. New owners inherit these obligations unless the lease states otherwise. Always give proper notice if you want tenants to leave after their lease expires.

Understanding Tenant Rights During Property Sales in Texas

In Texas, when a property is put under contract and sold, tenants have certain rights. These rights are outlined in the lease agreement.

The Lease Agreement's Importance

A lease agreement is vital for tenant rights during a property sale. In Texas, these agreements stick with the land. This means tenants are safe from eviction or changes in their living space.

Transfer of Ownership and Lease Obligations

When a property is sold, the new owner must follow the lease terms. This includes keeping the rent and lease length the same. Tenants can stay until their lease ends, even after the sale.

Expired Leases and Month-to-Month

If your existing lease is expired or the tenant is on a month-to-month rather than fixed-term lease, you can give them notice that you will not be renewing their lease.

Notice Requirements for Property Showings

Landlords must respect tenant privacy during a sale. In Texas, they must give tenants 24-48 hours' notice for showings. This lets tenants get ready and keep their privacy.

• Tenants have the right to know about plans to sell the property
• Landlords must tell potential buyers about tenant occupancy
• Security deposits go to the new owner
• Cash buyers can close deals fast, often in a week

Knowing these rights helps tenants feel secure during a property sale. It's important for landlords and tenants to talk openly. This ensures a smooth change in ownership.

Sell With Tenants to a Cash Home Buyer

Selling a rental property with tenants can be difficult due to scheduling showings and buyers not necessarily wanting to take on existing tenants. But a cash home buyer might be your ticket to a quick sale. Companies like Danny Buys Houses in San Antonio, Texas often snap up properties as-is, tenants and all. In Texas, about 65% of cash buyers prefer keeping reliable tenants in place.

Cash buyers can speed up the selling process. They're often willing to take on existing tenants or work out new terms. This can save you the hassle of eviction or lease termination. Remember, in Texas, you need to give tenants 30-60 days' notice to vacate for a month-to-month lease.

When selling to a cash buyer, keep your tenants' rights in mind. Give them 24-48 hours' notice before showings. If they need to move out early, consider a lease termination payout. Some cash buyers even offer to handle tenant negotiations, making your life easier.

A cash sale can be a win-win. You get a quick sale of your rental property, and your tenants might get to stay put. Just make sure you follow all legal obligations during the process. This way, you avoid joining the growing number of improper eviction cases in Texas.

To get a cash offer, simply fill out the form or give us a call. We can make you a no-obligation cash offer to buy the house with the tenants still in place.