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TEXAS EVICTIONS FAQS

How does the whole eviction procedure work?

There are several steps in the eviction procedure -- outlined below:

  • In order to evict a tenant who does not move after the landlord has given notice to move, a landlord must first go through the civil court eviction process and files eviction suit at JP Court
  • Landlord must first serve a tenant with a Notice to Vacate
  • If the tenant does not move by the date indicated in the Notice to Vacate, the landlord may file a Forcible Detainer suit.
  • Law Officer then serves tenant with eviction suit

At that point, the tenant generally has 7 days to file an answer to the court (unless the landlord files a six day possession bond or the JP uses a shorter or longer period) at the local Justice of the Peace office. The citation will tell the tenant the deadline by which the tenant must answer or appear for trial. This must be no less than six nor more than ten days. In Travis County, the Justices of the Peace require that an answer be filed by 10:00 AM on the seventh day after service. At this point, the tenant should seek legal counsel from a local tenants' council or attorney. One of two outcomes will occur here:

Tenant fails to contact JP Court by 7th day:

A default judgment is entered. The tenant may appeal within 5 days of the date of judgment by taking the appropriate steps. If there's no appeal in 5 days, the landlord may get a Writ of Possession in which a law officer serves the tenant with the writ of possession and supervises the removal of the tenant's property from the rental unit. In such a case, all tenants and personal items will be removed by the landlord under the supervision of a law officer.

Tenant contacts the JP by the 7th day:

The tenant may answer the lawsuit in writing, verbally (over the phone or in person), or through an attorney. Both the tenant and landlord will appear before the Justice of the Peace at a court-determined time and present their case. In some counties the trial is held on the answer date, so the tenant must appear and be ready for trial. The citation will tell the tenant whether s/he must appear for trial on the answer date. A judgment in favor of the landlord will result in the tenant's having 5 days to move out or file an appeal. If there's no appeal in 5 days, the landlord may get a Writ of Possession. Law officers will serve the tenant with this Writ of Possession and will supervise the removal of the tenant's property from the apartment. All tenants and personal items will be removed by the landlord under the supervision of a law officer.

How do I appeal an eviction?

Appeals differ according to the particular circumstance, but in general, a tenant may appeal an eviction by filing an appeal bond or an affidavit of inability to file an appeal bond.

Appeal in a non-payment of rent case: If the tenant does not file an appeal bond, but files an affidavit, the tenant may stay in possession of the rental unit during the appeal process by paying one month's rent into the court registry within 5 days of filing the affidavit and paying both nonpayment and additional rent payments into the court registry as they become due during the appeals process.

Appeal in non-rent case: The tenant may appeal by filing an appeal bond or by filing an affidavit of inability to file an appeal bond. The tenant does not have to pay rent into the court registry but should continue to offer the rent to the landlord, even if the landlord refuses it.

If a tenant does not file a written answer with the justice court, she must do so with the county court within 8 days after court papers are filed in county court. If not, the landlord may win by default.

My landlord has begun eviction proceedings against me. Can s/he lock me out of my apartment?

The landlord may legally change the lock on the tenant's door when rent is delinquent, but must first give the tenant at least three days advance written notice of intent to change the locks if the rent is not paid. S/he must also leave a statement attached to the outside of the door explaining where the tenant may acquire a new key. By law, the landlord must give the tenant the key when requested. The landlord must allow access to the rental unit -- even if the tenant has not paid rent.

What if my landlord refuses to let me back into the unit?

If the landlord refuses to hand over the key you go to the Justice of the Peace and request a same day Writ of Re-Entry.

Is there such a thing as an illegal eviction?

Yes. If a landlord denies a tenant access to the apartment or if a tenant's property is removed without a court order, the tenant may have acted illegally if the removal is not pursuant of abandonment or a landlord's lien. Check your lease to see if it makes provisions for an abandonment clause and / or a landlord's lien clause.

Is the landlord ever justified in seizing my property during an eviction?

Yes, but only if you are delinquent on the rent and the lease gives the landlord a lien on your property. Such a provision must be underlined or in bold print in the lease.

In seizing the property under a landlord's lien, the landlord may not take exempt property, but may remove non-essential items (TVs, stereos, VCRs, CD players), provided s/he can enter the apartment peacefully. But s/he must do the following:

  • The landlord must leave a notice of entry along with a written inventory of the items removed.
  • The notice must state the name, address, telephone number of the person whom the tenant may contact about the amount owed.
  • The notice must show the amount of delinquent rent and state that the items will be promptly returned when the full amount of delinquent rent is paid.
  • The landlord cannot collect or charge for parking, removing, or storing items unless authorized previously in a written lease.

In addition, a landlord may remove property if a tenant abandons the unit. If a landlord obtains a court order of eviction, the landlord may also remove the tenant's property, but this must be done under the supervision of a law officer.

Can the landlord sell my possessions in order to recover back rent?

Unless otherwise permitted in the written lease, any property seized by a landlord under a landlord's lien cannot be sold or disposed of. If the lease permits such a sale, the landlord must give the tenant 30 days written notice before the date of the sale. This notice must be sent to the tenant by both first class and certified mail, or Return Receipt Requested at the tenant's last known address.

My landlord is threatening to evict me because I've fallen behind on my rent. But now I'm paid up in full. Can he still proceed with the eviction?

A landlord can proceed with an eviction if the tenant falls behind on the rent, even if the tenant eventually pays the rent in full. However, a court may very well find that the landlord, by accepting the rent, has waived the right to evict.

Doesn't my landlord have to give me 30 days notice before evicting me?

No, Texas law requires a three day notice for eviction for breach of the lease unless the notice provides for a different notice period. For example, the lease itself may provide as little as 24 hours notice. The actual eviction procedure itself can take as little as two weeks. A thirty day notice is required only when the landlord is ending a month-to-month tenancy or when giving notice that he will not renew an existing lease (and is not claiming that the tenant breached the lease).

If my landlord doesn't evict me per se, can he remove doors and windows in an attempt to force me out?

No. Landlord removal of doors, windows, furniture, fixtures, etc., in an attempt to make you move, is illegal. These items can only be removed for repair or replacement.

Can my landlord cut off my utilities in an attempt to evict me?

That depends. If you live in an "all bills paid" apartment or house, and you fall behind on the rent, state law does not prevent your landlord from cutting off the utilities, but the landlord must give you five days written notice warning you that the utilities will be cut unless the rent is paid and you must be a least seven days late in paying the rent. However, such an action may be a violation of a city code in which case housing inspectors may require that the utilities be turned on again.

If you live in an apartment complex where you make payments directly to the utility company itself, then the landlord -- per order of the Public Utility Commission -- cannot cut off your utilities as reprisal for non-payment of rent.

I have very noisy neighbors. Shouldn't my landlord evict them?

The landlord has the right -- not the duty-- to evict noisy tenants. However, if the landlord fails to take action, the tenant may have a claim to end the lease because of the landlord's breach of the covenant of quiet enjoyment.