How to evict someone in Texas?

When it comes to evicting a tenant in Texas, landlords or property managers cannot just physically, forcibly, or outright demand a tenant to vacate the respective property. This is because Texas law prohibits "self help" evictions. In other words, it is not legally permissible for a landlord to just go into the rental property and physically remove their tenant. Instead, Texas has a statutory process for the eviction of a tenant. In general, the process goes as follows:

  1. Tenant and Landlord sign a lease.
  2. Tenant defaults under the lease (usually for non-payment of rent, but many things constitute a default).
  3. Landlord terminates the lease.
  4. Landlord demands possession of the property and notifies the Tenant that they must vacate.
  5. Tenant does not vacate.
  6. Landlord files eviction suit in the Justice Courts.
  7. Landlord serves Tenant with lawsuit.
  8. Tenant and Landlord appear at a trial before the Justice Court judge.
  9. Landlord wins trial and is awarded possession (and possibly past due rent).
  10. Landlord obtains a writ of possession from the county clerk.
  11. County constables deliver notice pursuant to the writ of possession to the Tenant.
  12. Constables return to property not earlier than 24 hours later and evict Tenant and remove his personal property.

    Evicting a tenant in Texas can be frustrating to navigate. Without the proper knowledge of how to approach each step according to Texas property laws, landlords and property managers can easily lose the case or worse — go through the entire process multiple times because of avoidable missteps. That being said, if you’re thinking of evicting your tenant, it’s best to start the process with knowledgeable eviction experts to save you from the hassle and ensure that your property is vacated and restored in no time. For more information, contact our experts at Texas Evictions.

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