Understanding the Eviction Process

September 9, 2016 | by Michael Wilt

Categories: Rental Housing
Tags: eviction, matthew desmond, texas tenant advisor, texaslawhelp.org

In his best-selling book Evicted released earlier this year, author and sociologist Matthew Desmond recounts the distressing stories of tenants struggling to pay rent and dealing with the consequences. Desmond notes that nationally, nearly one in eight low-income families was unable to pay all of its rent.

An eviction can have damaging effects on the well-being of a renter ranging from potential job loss to depression and poor health outcomes for mothers and their children. In this entry, we take a look at the eviction process in hopes that tenants will understand it and avoid it.

In Texas, the most common reason a landlord may evict a tenant is if rent is not paid in full when it's due. Damage to property and violating terms and conditions of the lease are also grounds for a legal eviction.

A landlord may not evict a tenant as retaliation for requesting mandatory repairs or if it's a form of discrimination that would violate Fair Housing laws.

A landlord must follow a series of steps if she or he decides to evict a tenant. These steps are summarized below based on detailied information from Texas Tenant Advisor and TexasLawHelp.org.

1. First, a landlord gives a tenant a Notice to Vacate either in person or by mail at the tenant's unit (there may be additional requirements depending on the type of rental property it is). This three-day notice signals a landlord's intent to evict. During this period, a tenant may attempt to reach an agreement with the landlord to correct violations of the lease and remain in the unit.

2. If no agreement is reached, the landlord must then file a Forcible Entry and Detainer lawsuit against the tenant in the Justice of the Peace Court. Once filed, the sheriff or constable will serve the tenant with court papers that tell the tenant when the court hearing is to consider the merits of the eviction.

3. A court hearing will occur between six and 10 days after a tenant receives the court papers. In most cases, a judge will make a ruling on the eviction, but a tenant may request a trial by jury. Either way, if the court rules against the tenant, the tenant has five days to appeal the decision or move out.

4. If a tenant remains in the unit after five days, a sheriff or constable will issue a Writ of Possession that allows the tenant's belongings to be forcibly removed from the property.

For more information on the eviction process and services to help Texans avoid evictions, please visit the below resources.

Texas Tenant Advisor

TexasLawHelp.org

Nolo.com - Eviction Notices for Nonpayment of Rent

Links to Eviction Prevention Assistance in Texas from December 11, 2015 On the House entry entitled, "The Benefits of Preventing Eviction"

**Please note that the purpose of this blog is to be informative. TSAHC cannot provide advice about specific circumstances or situations. If you have a question or concern, please contact your local tenants council or legal aid service.


On the House blog posts are meant to provide general information on various housing-related issues, research and programs. We are not liable for any errors or inaccuracies in the information provided by blog sources. Furthermore, this blog is not legal advice and should not be used as a substitute for legal advice from a licensed professional attorney.

Comments

Laura Ross

Hi Pamela, We recommend you contact your local tenants council or legal aid service for assistance.

Pamela F Bailey

I got my notice to vacate from the sherriff do I have to leave by the date at midnight or is there another process

Laura Ross

Hi Joyce, Texas Tenant Advisor provides further guidance about your rights when it comes to maintenance and repairs (http://texastenant.org/repairs.html) and the termination of your lease (http://texastenant.org/termination.html). If you feel your rights have been violated, we suggest you contact your local tenant council or legal aid services.

Laura Ross

Hi Judy, You will need to contact the precinct and county where you were evicted about the rules for filing an appeal.

Joyce Guerra

Im disabled i have a little girl who has asthma ive gotten a recent visit from landlord about more than three disturbance that wasnt caused by me but my guest my neighbors complained but she told me that i needed to start lookin for a place and that she was not guna fix anything repairs ive complain about repairs for three years and nothing has been repaired what are my options on wat i can due to not be on the streets.please help me

Judy Esquivel

Hi, I’ve been living in a studio attached to my mothers house with a separate entry and I do not have access to the main part of the house. The studio was built for me by my parents when I got divorced, I paid for for most of the materias but my parents país for the labor. I have lived there for 7 years and my fiancé moved in with me a year and half ago. I didn’t have a lease or rental agreement. But I did pay for utilities, water, electricity and trash. My mom never asked me for money,  it my fiancé would give her as much as he could monthly, again no contact or lease, or receipt to prove that we have her anything and all the bills are in my dad’s name. Now my mom and are going through a divorce. She brings her new boyfriend to live at the house and we start having issues. My mom evicts my fiancé and I. I did not go to the eviction hearing because I didn’t want to peruse fight with her, I thought it was petty that she had done this and Could have gone about it differently. She won by default because I didn’t go to the hearing. Now I have a eviction on my record. I didn’t even think about this because I’ve never rented before, that house was my childhood home, that’s were I grew and even after being married to my first husband I never had to rent, I’ve always been a home owner until recently. I didn’t read up on the laws and rules. I am trying to find a place to live since I’ve been displaced but cannot find a decent place because of the eviction by mother on my fiancé’s and my record. We’ve been living in a hotel and we have to kids. It’s been two weeks since the eviction. Can I still file for a an appeal? It’s been more than 5 days.

Laura Ross

Hi Andreia, the Texas Tenant Advisor provides an overview of the eviction process in Texas and details on the rights of tenants: http://texastenant.org/eviction.html. If you feel your rights have been violated, we recommend that you contact your local tenants council or legal aid services.

Andreia Nangju

I got a paper from my apartment office to leave in 10 days because my older son use the pool with another teenager after pool closed. The problem is the manage accuse only my son to broken the bathroom’s door ( that was open all the time , cause I have my litter daughter party in that day).  Also she accuse my son to be drunk with friends. The police came after received a call from noise disturbance. The police reporte didn’t confirm those teenage was drunk and cops let them driving back home. And No breathalyzer was use.  The point is the manager kicked me and my 3 kids out. When I said that I don’t have any place to go with my little kids, she answer me to go back to my country.  Well, I left my apartment on time she gave to me and now she send a bill to me for broken lease and for suppost bathroom door . Yesterday I went to the pool party at the property and she called the security to kick me out because I’m not aloud to be in any of there properties. I feeling as I’m a criminal and cry a lot, feel embarrassed next the people and my own kids.  My question is: I got eviction even when I got out ? I can be treated like a criminal ?  I have a couple papers that proof they made a mistakes with me , like kick me out because they loose my second month rent money order, charge me for have a dog, that I prove I never have. Charge me for not have a rental ensure, that I had and give a fee for electricity bill, that I was have.  What is my right ? How I can stop them to chase me ?

Laura Ross

Hi Margarita, the Texas Tenant Advisor provides an overview of the eviction process in Texas and details on the rights of tenants: http://texastenant.org/eviction.html.

Margarita

Hi I have a question am renting a mobilehome the people that live are behind may half of the plus the also owe 550 deposit haven’t paid that and I went to speak w them to see if they are going to pay and the renter said no take me to court.I have no money an it going to pay nothing.so I would like to know what I have to do .

Laura Ross

Hi Heather, the Texas Tenant Advisor provides further guidance about the eviction process and timeline: http://texastenant.org/eviction.html.

Laura Ross

Hi Veronica, the Texas Tenant Advisor provides further guidance about the eviction process and timeline: http://texastenant.org/eviction.html. If you feel your rights as a tenant have been violated, we recommend that you contact your local tenants council or legal aid services.

Heather

I have a question. I am a property manager of 12 years. I leased out a BRAND NEW apartment 3 months ago. While performing a 3 month inspection I discovered 8 large holes big enough you can’t cover them up with an 8X10 picture, 1 door punched in and another door ripped completely off of its hinges to the point it can not be repaired but has to be 100% replaced along with the door jam. Several other holes in the walls. This is a 400 squarefoot Efficency apartment. They have only been there 3 months and have caused thousands worth of damage. DO I HAVE THE RIGHTS TO EVICT THEM?

Veronica Jackson

Hello, I and my significant other have co-habitated for 8 years. I caught him cheating earlier this month and I am in the process of closing on my new home on 15 April. He posted a eviction notice he typed up on 19 March on my door stating i had to be out by 23 March.  I hired a attorney qhich sent him the letter telling him due to our informal marriage he couldn’t evict me. However I am moving out and i close on 15 April. Today March 29th i get a notice from the constable delivering me a court date for 12 April at 10am. Can i sue him for filing a frivolous eviction?

Laura Ross

Hi Monica, the Texas Tenant Advisor provides further guidance about the eviction process and timeline: http://texastenant.org/eviction.html. If your boyfriend feels his rights as a tenant have been violated, we recommend that he contact his local tenants council or legal aid services.

Monica

Hello my boyfriend got an eviction notice to move out but the problem is he was behind on rent so the lady of the apartments asked him to sign a paper saying hell have to pay the rest or get immediate eviction so he signed it and we got the money but be for putting down the money he got in trouble for having a dog in the apartment so the lady called him and told him he had 24 hours to get rid of the dog or she will call the dog pound to get him so he panic and didn’t want to lose the dog so he left he didn’t put down the payment used that money to get a room at a hotel for him and his dog instead well the lady kept charging him rent for about two months now that he went back to pick up some stuff he saw he had an eviction notice and a rent over pass of about 2,000 he doesn’t know whether to go to the court if it is worth it because he panicked and left but if he signed that paper why would she still be charging him ? May you please help answer these questions he’s on the break of being on the street .

Laura Ross

Hi Kevin, the Texas Tenant Advisor provides guidance on your rights when it comes to repairs (http://www.texastenant.org/repairs.html). If you feel your rights as a tenant have been violated, we recommend that you contact your local tenants council or legal aid services.

Laura Ross

Hi Antonio, the Texas Tenant Advisor provides further guidance about the eviction process and timeline: http://texastenant.org/eviction.html.

Laura Ross

Hi Mary Ann, Here is some guidance from the Texas Tenant Advisor that explains your rights when it comes to repairs (http://www.texastenant.org/repairs.html). If you feel your rights as a tenant have been violated, we recommend that you contact your local tenants council or legal aid services.

Kevin

Landlord trying to evict me because they don’t want to fix the septic system

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