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In Texas, landlords have the legal right to evict tenants who violate the terms of their lease agreement or fail to pay rent on time. The eviction process typically begins with the landlord serving the tenant with a notice to vacate. This is known as a 3-day eviction notice. Let’s look more in-depth at how the process of eviction works in Texas.
What is the 3-Day Eviction Notice to Vacate?
The three-day eviction notice in Texas is a legal document that informs the tenant that they have three days to vacate the property or face legal action. In Texas, this notice can be given for various reasons, including non-payment of rent, violation of the lease agreement, or illegal activity on the property.
To serve the 3-day eviction notice in Texas, the landlord must personally deliver the notice to the tenant or post it on the front door of the rental unit. You can also unlock the door and post it inside the front door if the tenant is not there and doesn’t answer the door. If the landlord cannot serve the notice in person, they may also send the notice by certified mail. Certified mail is always a good idea because you have proof that you’ve sent the notice.
Eviction Lawsuits in Texas Justice Court
Once the 3-day notice period expires, the landlord can file an eviction lawsuit in court if the tenant has not vacated the property. Eviction lawsuits, also called forcible entry and detainer suits, allow the landlord to try to recoup the monies or damages according to the Texas rental agreement. (1)
The court then sets a hearing date where both the landlord and the tenant can present their case. If the court finds in favor of the landlord, they will issue a writ of possession, which allows the landlord to take possession of the property and remove the tenant.
It’s important to note that tenants in Texas have some protections under the law. For example, the tenant may fight the eviction in court if they can prove:
- They were not properly served with the 3-day eviction notice in Texas
- They have evidence that the landlord is retaliating against them for reporting a code violation.
How Does Eviction Work in Texas Rental Agreements?
Eviction proceedings start with a written notice from a landlord. Landlords do not have the right to evict a tenant without proper legal proceedings. Landlords must go through the legal process, which can take time. Tenants do not have to leave their homes unless they receive a writ of possession.
Landlord Serves a Written Notice to Vacate
If there’s no provision to the contrary in the lease agreement, the landlord must provide a written 3-day eviction notice in Texas. The notice must occur at least three days before initiating eviction proceedings. It is not legally permissible for the landlord to file an eviction lawsuit without first properly issuing this notice.
The federal CARES Act programs ended on or before May 11, 2023. This means there is no longer a required 30-day notice in certain evictions.
Landlord Files an Eviction Suit
Three days after the tenant receives the notice, the landlord may file an eviction suit petition. However, an eviction hearing will not occur until at least ten days after petition filing.
The Hearing and Judgment
The judge will hear both sides of the eviction matter and issue a judgment. Once the judgment occurs, nothing happens for at least five days. These days give the tenant time to appeal.
Filing an Appeal
The tenant may file an appeal. If this happens, the appeal hearing will not occur for at least eight days.
Receiving a Writ of Possession
If the judge decides in favor of the landlord, they will issue a writ of possession. The constable will then post a 24-hour notice. After those 24 hours, law enforcement may remove the tenant’s property from the rental unit.
Laws to Follow When Serving a 3-Day Notice to Quit in Texas
In Texas, landlords have the legal right to serve a 3-day notice to quit to tenants. Most often, tenants have violated the terms of their lease agreement or failed to pay rent on time. However, landlords must follow the correct legal procedures when serving notice to avoid legal issues.
Information Included in Texas Eviction Notices
The Notice to Vacate must consist of the following info:
Firstly, the notice must be in writing and clearly state the reason for the eviction. The notice must also include:
- The date and time that the tenant must vacate the property. (at least three days after the notice)
- The name and contact information of the landlord or property manager.
Landlords must comply with Texas state law when serving a 3-day notice to quit. This includes proper service procedures. The landlord must serve the notice in one of the following ways:
- In-person: The notice can be delivered to the tenant in person, either by the landlord or a process server.
- By mail: The notice can be sent by certified mail, return receipt requested, to the tenant’s last known address.
- Posting: If the landlord cannot serve the notice in person or by mail, they can post a copy on the front door of the rental property.
It’s important to note that the 3-day notice to quit cannot be used as a form of retaliation against a tenant for exercising their legal rights, such as reporting a code violation or joining a tenant’s union. If a tenant believes they are being unfairly targeted with a 3-day notice, they may have legal grounds to fight the eviction in court.
Timing of Eviction Notices for Failure to Pay Rent in Texas
In Texas, landlords must follow specific legal procedures when serving eviction notices for failure to pay rent. These procedures include providing written notice to the tenant and giving them a certain amount of time to pay the overdue rent or vacate the property.
The Texas Property Code governs the timing of eviction notices for failure to pay rent in Texas. Specifically, landlords must provide tenants with a written notice to vacate the property before filing for eviction in court. The notice must be delivered to the tenant at least three days before the landlord can file for eviction.
The three-day notice must inform the tenant that they have three days to pay the overdue rent or vacate the property. The notice must also include the amount of rent owed and the name and contact information of the landlord or property manager. The notice can be delivered in person, by certified mail, or by posting a copy on the front door of the rental property.
Landlords must follow the correct legal procedures when serving eviction notices for failure to pay rent in Texas. Failure to follow these procedures can result in the eviction being dismissed in court, which can be costly and time-consuming for the landlord.
Seeking legal advice can help landlords ensure they follow the correct procedures and protect their rights.
Landlord Options for Accepting Late Rent
Landlords in Texas have several legal options for accepting late rent from their tenants. These options may depend on the lease agreement between the landlord and tenant and the severity and frequency of the late payments.
Late Fees
Landlords can charge a late fee if rent is not paid on time. Late fees are typically outlined in the lease agreement and can be a fixed amount or a percentage of the rent owed. In Texas, the maximum late fee that a landlord can charge is 10% of the monthly rent.
Payment Plan
Landlords may offer tenants a payment plan to pay off the overdue rent over a set period. This option can benefit both parties, allowing the tenant to catch up on their rent while ensuring the landlord receives the total amount owed.
Waiving the Late Fee
Landlords may waive the late fee as a one-time courtesy, particularly if the tenant has an excellent rental history and a valid reason for the late payment.
Eviction
While eviction is an option for non-payment of rent, it should be used as a last resort. Eviction can be a time-consuming and costly process, and it may not result in the landlord receiving the total amount owed.
Landlords need to communicate with their tenants and be willing to work with them to resolve late rent payments. This can help maintain excellent landlord-tenant relationships and may prevent the need for legal action in the future.
However, landlords should also ensure that they follow the legal procedures for accepting late rent and charging late fees to protect their rights as property owner.
The 3-day eviction notice is a legal tool landlords in Texas can use to evict tenants who violate the terms of their lease agreement or fail to pay rent on time. Landlords in Texas must follow specific legal procedures when serving a 3-day notice to quit, including providing written notice that clearly states the reason for eviction and the date and time that the tenant must vacate the property.
Additionally, landlords must comply with Texas state law regarding service procedures and cannot use the notice as a form of retaliation against a tenant. Seeking legal advice can help landlords ensure they follow the correct legal procedures when serving a 3-day notice to quit.
Our Experienced Eviction Attorneys Can Help
At Jarrett Law Firm, our real estate eviction legal team can be an invaluable resource for landlords seeking to legally remove a tenant. Our focus on landlord-tenant law gives us the knowledge and experience to guide you through the eviction process.
We can help you determine if eviction is the best course of action, provide advice on how to properly serve notices and file eviction lawsuits, and represent you in court proceedings. In addition, we can ensure you follow all applicable laws and regulations.
Get in touch and let us help you legally navigate the eviction process smoothly and avoid potential legal pitfalls.