A Texas eviction notice is a legal document that a landlord or property owner issues to a tenant, requiring them to leave the premises within a certain time frame.
Eviction notices are used to start legal proceedings against tenants who breach their lease terms or fail to pay rent. The purpose of this document is to notify the tenant that they must either comply with the conditions of their lease or face eviction.
Failure to respond or comply with the eviction notice may result in further legal action, including a court hearing and potential removal by law enforcement.
Types of Eviction Notices in Texas
In Texas, there are different types of eviction notices that a landlord can serve on a tenant, depending on the reason for the eviction and the terms of the lease agreement.
Notice to Pay Rent or Quit
Landlords are required to give tenants at least three days' written notice to vacate the premises if the tenant is behind on rent payments before starting a forcible detainer proceeding. (sec. 24.005)
A landlord may serve a noncompliance eviction notice to a tenant who fails to comply with the terms of their lease agreement. In that case, the landlord must provide the tenant with at least three days written notice to vacate the premises before filing a forcible detainer suit. (sec. 24.005)
A month-to-month tenancy may be terminated by either the landlord or the tenant giving notice of termination to the other party. The landlord must give the tenant notice of termination at least 30 days before the date of termination or as agreed in a written lease agreement. (sec. 91.001)
Eviction Laws and Requirements in Texas
Laws & Requirements
Grace period. If rent is not paid on time, the tenant has two days after the rent is due to make a payment.
Non-payment of rent. Landlords must give tenants at least three days' written notice to vacate the premises before the eviction can proceed. (sec. 24.005)
Non-compliance. The tenant has three days to move out before the landlord can initiate a forced detainer suit. (sec. 24.005)
Termination of month-to-month tenancy. Landlords are required to give tenants at least 30 days' notice before the end of their lease arrangement unless otherwise specified. (sec. 91.001)
When is Rent Late in Texas?
Rent is considered late if it is not paid on the date specified in the lease agreement. Texas law allows a grace period of two days after the rent due date before a landlord can charge a late fee.
Grounds for Eviction in Texas
Common grounds for eviction in Texas include:
Grounds for Eviction
Non-payment of rent
Violation of lease terms
Engaging in criminal activity on the rental property
Causing significant damage to the property
Holding over after the lease term has expired
Using the property for illegal purposes, such as drug activity
Eviction Process in Texas
In Texas, landlords must adhere to the eviction process to evict a tenant from their rental property. Here are the five steps involved in the eviction process in Texas:
#1. Write a Notice
The landlord must provide the tenant with a written notice to vacate, giving them at least three days to move out before filing an eviction suit.
#2. File the Eviction Suit
The landlord must file an eviction suit in court, and the eviction hearing cannot take place for at least ten days after the petition is filed.
#3. Wait for the Court’s Judgment
Once a judgment has been issued, no further action can take place for five days. This time, the parties have the opportunity to appeal.
If the tenant disagrees with the judgment, they can file an appeal within five days of the judgment. If the appeal is granted, the eviction process may be delayed or halted.
#5. Writ of Possession
Once there is a final judgment, the landlord can ask the judge for a writ of possession. This allows the constable to remove the tenant and their property from the rental.
Other Eviction-Related Forms in Texas
In addition to the eviction notice, there are other forms utilized within the eviction process by the parties, such as:
Other Eviction-Related Forms
The Civil Case Information Sheet. The person who files the lawsuit is required to fill out this form to provide certain basic information about the case.
Military Status Affidavit form. This form is used in Texas courts to verify whether a respondent in a legal case is a member of the military or not.
Petition for Eviction from Residential Premises. The form is used by a landlord (referred to as the “Plaintiff”) to seek possession of their property from their tenant (referred to as the “Defendant”) for various reasons, such as failure to pay rent, violation of the lease, or holding over after termination of the right to possession.
Request for Writ of Possession. The form is used by a landlord (Plaintiff) to request the court issue a writ of possession to evict a tenant (defendant) from a rental property.
Eviction Information for Landlords in Texas
Before filing an eviction suit, the landlord must provide the tenant with written notice of their intention to seek eviction. If the tenant remains on the property after receiving the notice, the landlord can file an eviction suit with the appropriate court.
At the hearing, both the landlord and tenant will be required to present evidence and arguments. The judge will then make a determination based on the evidence presented. If the judge rules in favor of the landlord, they can obtain a writ of possession from the court, which allows them to legally remove the tenant and their belongings from the property.
Eviction Information for Tenants in Texas
After receiving an eviction notice, the tenant typically has at least three days to vacate the property before the landlord can file an eviction suit in court.
If the tenant is served with an eviction suit, it is important to attend the hearing and present any evidence or documentation that may help their case. If the judge rules in favor of the landlord, they may obtain a writ of possession and request that the constable remove you and your belongings from the property.
However, there are some defenses that tenants can raise in court, such as improper notice or retaliation by the landlord.
How to Write an Eviction Notice in Texas
Texas Eviction Notice Checklist
Texas Eviction Notice FAQ
In Texas, a landlord can file an eviction notice when a tenant fails to pay rent on time, violates the lease agreement, or holds over beyond the end of the lease term.
A landlord needs to provide an eviction notice to the tenant to initiate the legal eviction process.
The eviction process can vary depending on several factors and usually takes several weeks to a few months.
Yes, a 3-day eviction notice is legal and can be used in certain situations, such as non-payment of rent or lease violations.