I forgot to mention as well, the landlord raised the rent because we were always late every month
Evictions
An eviction must be filed in the Justice precinct where the rental property is located.
Texas Property Code, Sec. 24.005 sets out the notice requirements for eviction suits. (Unless the notice requirements are stated in the signed lease.)
The notice to vacate must be in writing and should be unconditional, i.e., it should tell the tenant to vacate by a specific date in no uncertain terms.
Unless there is an agreement between the parties shortening the notice requirements, the landlord must wait three days after the notice to vacate is served before filing the eviction.
When filing, the landlord should bring the following:
A copy of the lease
A copy of the notice to vacate
$134.00 for filing and service on one person (additional service is $80.00 per person)
All work and residence addresses and telephone numbers of the tenant(s) known by the landlord.
Generally, all parties named in the lease should be sued and served with a citation in the eviction proceeding.
Any judgment granted will run only against those who are specifically named and served.
The owner's agent may file any type of eviction suit and may represent the owner at any default judgment hearing.
If the case is contested an agent may represent either party if the case involves non-payment of rent or holding over.
The parties, agents, or their attorneys must try all other types of evictions if the case is contested.
A suit for rent may be filed with the eviction suit if the amount due is within the jurisdiction of the justice court (<$20,000).
Charges for items other than rent cannot be joined with suit for eviction.
A court date will be set at the time the eviction is filed with the court.
This date will appear on the Defendant's citation.
Both parties are expected to appear at that date/time.
Any continuance request must be in writing, and filed 3 days prior to the hearing date.
At any time prior to the trial, the Parties can agree in writing to a continuance and submit that request to the court.
Under the Texas Rules of Civil Procedure, either party to the lawsuit has five days to appeal the courts decision.
The filing of an appeal bond (2x amount of judgment) or paupers oath (inability affidavit to pay plus one month's rent) within those 5 days may perfect the appeal by that time completes the appeal.
Under a pauper's oath, defendant must post one month's rent within 5 days of the filing of the appeal.
A properly filed appeal stops all further justice court proceedings until there is a resolution by the county court-at-law.
If a landlord gets a judgment of possession and defendant does not appeal, the landlord may obtain a Writ of Possession from the court after the five (5) day period for appeal has passed.
The writ fee of $165.00 is payable to JP court to involve the Constable's Office in removing the tenant and their personal property from the premises.
Questions involving the execution of the writ of possession should be directed to the appropriate constable's office.
An Immediate Possession Bond can speed the evictions process.
Ask the civil clerk for details.
Evictions
https://services.austintexas.gov/edims/document.cfm?id=299042
Evicting a tenant in Texas can take around 1 to 3 months, depending on the type of eviction. If tenants request a continuance or jury trial, the process can take longer.
Grounds for an Eviction in Texas
In Texas, a landlord cannot legally evict a tenant without cause.
Legal grounds to evict in Texas include:
Not paying rent on time
Staying after the lease ends
Violating lease terms
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
Grounds Notice Period Curable?
Nonpayment of Rent 3 Days No
End of Lease/No Lease 1 Month No
Lease Violation 3 Days No
Nonpayment of Rent
In Texas, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days' notice to vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
If rent is due on January 1st, it will be considered late starting on January 3rd, unless the lease specifically states there is a longer grace period.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Lease Violations
In Texas, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Texas landlord-tenant law. To do so, landlords must first provide a 3 days' to vacate. Landlords are not required to allow the tenant to fix the issue and they must move out.
Lease violation examples include:
Illegal activity
Unauthorized pets
Disturbing other tenants or neighbors
Not keeping the premises clean and sanitary
Not informing the landlord of any defects or maintenance issues
Not making small repairs or completing maintenance pursuant to the lease agreement
In Texas, all evictions follow the same process:
1. Landlord serves tenant with written notice of violations
2. Landlord files complaint with court for unresolved issues
3. Court serves the tenant with a summons and complaint
4. Court holds a hearing and issues a judgment
4. Writ of possession is issued
5. Constable returns possession of the property to the landlord
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