How Quickly Can You Evict a Tenant in Texas? The Full Breakdown!

Imagine standing at your rental property's door, facing a tenant who hasn't paid rent in months. Your heart races at the daunting task ahead. As a landlord in Texas, you're not alone in this struggle. The eviction process is complex, filled with legal hurdles and emotional stress. But don't worry, we're here to guide you through it.

The Texas eviction laws protect both landlord responsibilities and tenant rights. Understanding this balance is required to navigate the eviction process smoothly. If you're a property owner dealing with a problematic tenant you are in the right place!

Our focus to help you understand how long it takes to remove the tenant and which steps to do some properly. The last thing you want is to give the tenant a way to stay in the house longer without making payments!

Let's explore the Texas eviction timeline. We'll look at how long it takes to evict a tenant, the legal grounds for eviction, and the steps involved. From serving notices to executing writs of possession, we'll cover it all. By the end of this article, you'll have a clear roadmap for handling evictions in Texas.

And if you're dealing with a really bad tenant and want to avoid the eviction altogether, we are going to show you how to sell the house fast for cash instead. Read on!

Key Takeaways

• Texas eviction process typically starts with a 3-Day Notice to Vacate
• Landlords must provide written notice before filing an eviction lawsuit
• Tenants have the right to appeal within five days of an eviction ruling
• A Writ of Possession can't be issued until six days after the judgment
• Landlords aren't liable for damages during the execution of the writ

As a side note, this is the same process you will need to take with any squatters. Yep, even for someone that just showed up and started living in the home without your approval.

How Long Does It Take to Evict a Tenant in Texas?

The Texas eviction process usually takes about 4 weeks. However, it can vary due to several factors. Let's look at the eviction timeline and what affects it.

Factors Affecting Eviction Timeline

The eviction speed depends on tenant cooperation, court schedules, and the reason for eviction. The goal is to properly execute the eviction process from when you serve the tenant to when they vacate the property. This way you limit your expenses and stress from the eviction suit.

Average Duration of Eviction Proceedings

Here's a general overview of the Texas eviction process:

• 3 days: From written notice to vacate to filing the suit (known as a 3-day notice)
• 8-10 days: Serving the citation
• 10-21 days: Setting the court date after filing
• 5 days: Appeal period after the hearing
• 2 days: Constable posts a 24-hour vacate notice

The shortest time for an eviction in Texas is 30-35 days. This assumes everything goes smoothly without delays.

Potential Delays and How to Avoid Them

Delays can happen due to wrong notice, tenant contestation, or court backlogs. To avoid delays, landlords should ensure proper documentation and follow legal steps carefully according to state law. Getting legal advice can help navigate the eviction process and protect landlord rights.

According to White & Mejias PLLC, Attorneys at Law, "Texas law sets specific guidelines for issuing a 3-day eviction notice. Landlords must ensure the notice clearly states the reason for eviction, such as non-payment of rent or other lease violations. It should also inform the tenant of their right to either correct the issue or vacate the property within three days."

Court hearings and tenant responses can greatly affect the eviction timeline. Knowing Texas eviction laws and keeping good communication with tenants (though we completely understand that this can feel nearly impossible) can prevent unnecessary problems.

Understanding Texas Eviction Laws

Texas eviction laws protect both landlords and tenants. The Texas Property Code outlines specific procedures for evictions. This ensures fair treatment for all parties involved.

Legal Grounds for Eviction in Texas

Landlords can evict tenants for several reasons. The most common reason is failure to pay rent. In such cases, landlords must give a 3-Day Notice to Pay or Quit. This is done by posting or serving the tenant with a notice.

Lease violations also lead to eviction. Tenants get a 3-Day Notice to Cure Violations or Vacate. If a tenant overstays a lease without renewal, they get a 30-Day Notice to Vacate.

Importance of Proper Documentation

Proper documentation is critically important in eviction cases. Landlords must keep records of lease agreements, rent payments, and lease violations. Eviction notices must be in writing and delivered correctly. We will touch on that in the 'The Eviction Process' section below.

This documentation acts as evidence in court if needed.

Tenant Rights and Protections

Tenants have rights under Texas landlord-tenant laws. They're protected from discrimination and retaliation. The Texas Property Code prohibits evictions based on race, gender, disability, or family status.

Tenants can report housing code violations without fear of eviction. They have the right to contest evictions in county court proceedings.

• Tenants must receive proper notice before eviction
• They can appeal court judgments within five days
• The CARES Act provides additional protections for some properties

Texas Law Help helps tenants find out if the CARES act can provide protection.

Understanding these laws helps both landlords and tenants navigate the eviction process fairly and legally.

The Eviction Notice: First Step in the Process

The eviction process in Texas begins with a notice to vacate. This step is key for landlords wanting to remove tenants. Knowing the types of eviction notices and how to serve them is essential.

Types of Eviction Notices in Texas

Texas law has different eviction notice types for various reasons:

• 3-day notice for non-payment of rent or lease violations
• 30-day notice for terminating month-to-month tenancies
• Lease-specified periods for other situations

Proper Service of Eviction Notices

In order to get a tenant to move, landlords must use specific methods to serve the notice legally:

• Delivery to the tenant in person
• Mailing the notice via certified mail
• Posting on the door if personal delivery isn't possible (get a picture of the notice posted on the door as proof)

Notice Periods for Different Eviction Reasons

The notice period depends on the eviction reason:

• 3 days for most lease violations
• 30 days for tax foreclosure purchases
• Lease-specified periods for other situations

Delivering the notice correctly is vital. Not doing so can cause delays or even dismiss the case. Landlords must follow Texas state law on lease termination and eviction notices to avoid problems.

Filing an Eviction Lawsuit

When a landlord wants to evict a tenant in Texas, the landlord can file an eviction suit. This step involves submitting a petition to the Justice of the Peace Court in the property's area.

Required Documentation for Filing

To start an eviction lawsuit, landlords must collect certain documents. These include:

• The eviction notice given to the tenant
• A copy of the lease agreement
• The tenant's rental application

Having these documents ready can make the filing process smoother. It also helps strengthen the landlord's case.

Court Fees and Associated Costs

Filing an eviction lawsuit comes with costs. In Bexar County, the basic filing fee is $54. There is also a service fee of $110.

Immediate Possession: When and How to File

In urgent cases, landlords can ask for immediate possession. This requires:

• Filing a sworn statement
• Posting a bond with the court

This fast process allows for quicker tenant removal. But, it also means more paperwork and fees. Landlords should think carefully about the urgency and costs before choosing this option.

"A well-drafted lease can save weeks to months in the eviction process."

The eviction process in Texas usually takes about four weeks. Being well-prepared and knowing the legal steps can help landlords handle it more efficiently.

The Court Hearing and Judgment

The eviction hearing is a key part of the Texas eviction process. It happens 10 to 21 days after the case is filed. Here, landlords and tenants meet in court to present their sides of the story.

If the tenant doesn't show up, the judge might rule in favor of the landlord. The judge looks at all the evidence, like lease agreements and records of violations. The decision can affect who gets to keep the property, who pays court costs, and if back rent is due.

Tenants can defend themselves against eviction. They can question the eviction notice, argue against lease violations, or show evidence of unfair treatment. If they're not happy with the judge's decision, they can appeal within 5 days.

"Hundreds of eviction cases are filed daily in Texas justice courts."

Landlords need to bring all important documents to court. This includes:

• Lease agreement
• Eviction notice
• Proof of lease violations
• Records of communication with the tenant

The eviction process in Texas tries to balance the rights of landlords and tenants. Knowing how the court hearing works can help both sides deal with it better.

Executing the Writ of Possession

The writ of possession is the last step in eviction. It lets law enforcement remove tenants. In Texas, landlords can ask for it five days after court judgment.

Timeframe for Writ Issuance

Courts must give the writ within 30 days. After it's issued, law enforcement posts a notice on the door. This notice must be at least 8.5 by 11 inches.

Sheriff's Role in Tenant Removal

If tenants don't leave, the sheriff enforces the eviction. They might give a criminal trespass warning. The sheriff makes sure the landlord gets the property back.

Landlords usually change the locks during this time.

Handling Tenant Property Post-Eviction

After eviction, tenant belongings are moved outside. Texas law doesn't require landlords to store them. Items left outside are at the tenant's risk.

Landlords aren't responsible for damage to belongings after eviction.

For property reclamation, tenants must act fast. They're responsible for any loss or damage to items left behind. Landlords can hire bonded warehouse workers to remove and store tenant property at no cost.

"Proper handling of tenant belongings during eviction is crucial to avoid legal issues."

Understanding these steps helps landlords have a smooth eviction. It's important to follow all legal steps to avoid problems in property reclamation.

After you are finished with the eviction, what happens if the tenant damaged the property? You will have to begin that process if you hope to recoup anything. In our experience, it's almost never worth the hassle.

Avoiding Eviction and Selling the House For Cash

Landlords facing tough tenants or wanting to leave the rental market have options. Selling the rental property for cash is a strong alternative. It offers a quick solution and a clean exit from rental duties.

Real estate investors and cash home buyers buy properties as-is, even with tenants. This is great for landlords with bad renters or those wanting to sell fast. It avoids the long eviction process in Texas, which can take 3 to 30 days.

Selling the house for cash with the tenants skips the need for serving notices and attending hearings. Instead, landlords deal directly with investors, closing deals much faster than evictions.

Selling to cash buyers like Danny Buys Houses in San Antonio, TX is a quick and easy alternative to eviction in Texas. It saves time and money and gives landlords a fresh start. For many, it's a smart way to turn a tough situation into a profitable one.

To get a cash offer, fill out the form on this page or give Danny Buys Houses a call!

Q: How much notice must a landlord give a tenant before eviction?

A: A landlord must give the tenant at least a 3-day notice to vacate for non-payment of rent, and for lease violations, the notice period may vary depending on the terms of the lease agreement.

Q: What happens if a tenant does not comply with the eviction notice to vacate?

A: If the tenant does not comply with the eviction notice to vacate, the landlord can proceed with the eviction by filing an eviction suit in a Texas justice court.

Q: Can eviction attorneys help in the eviction process?

A: Yes, eviction attorneys can help landlords navigate the eviction process in Texas, ensuring that all legal requirements are met and representing them in court if necessary.

Q: What should a landlord include in the eviction notice?

A: The eviction notice must include the reason for eviction, the date by which the tenant must vacate, and it must be delivered to the tenant in accordance with Texas laws.

Q: What are common reasons for eviction in Texas?

A: Common reasons for eviction in Texas include non-payment of rent, lease violations, and the tenant's failure to comply with the terms of the lease agreement.

Q: How long does the eviction process take in Texas?

A: The length of the eviction process can vary, but it typically takes a few weeks from the time the landlord serves the tenant with an eviction notice to the actual removal of the tenant, depending on court schedules and any potential delays.

Q: What defenses can a tenant use against eviction?

A: A tenant may have several defenses against eviction, including claims of improper notice, retaliatory eviction, or failure of the landlord to maintain the rental property as required by law.

Q: What happens at a court hearing for eviction?

A: At a court hearing for eviction, both the landlord and tenant can present their case. The judge will then make a decision on whether to grant the landlord's request for eviction or to rule in favor of the tenant.

Q: What if a tenant wants to contest the eviction?

A: If a tenant wishes to contest the eviction, they must respond to the eviction suit, and they can present their case at the court hearing, potentially with the assistance of an attorney.