Texas Eviction Laws: Can You Kick Someone Out?

The Texas Property Code governs many aspects of property ownership and use within the state. Landlords in Texas must adhere to specific eviction procedures outlined by Justice Courts when seeking to remove a tenant. Understanding these legal requirements, especially concerning the laws on kicking someone out of your house in texas, is crucial. Consulting with a qualified attorney in Texas specializing in real estate law can provide valuable assistance in navigating these complex processes.

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Texas Eviction Laws: Understanding Your Rights When Removing Someone

The question "Can you kick someone out of your house in Texas?" is complex and depends heavily on the specific circumstances. Texas law doesn't allow for self-help evictions, meaning you can't simply change the locks or forcibly remove someone, even if they aren't paying rent or don't have a formal lease. Understanding the legal process is crucial. This guide explores the relevant laws and procedures.

Defining Occupancy: Who Needs to Be Evicted?

Before considering eviction, it's important to determine the person's legal status. Texas law distinguishes between tenants, guests, and trespassers.

• Tenant: Someone who pays rent (or provides other consideration) to live in your property under an agreement, whether written or verbal. They have established rights.
• Guest: Someone who is staying at your property temporarily with your permission, without any expectation of paying rent or becoming a permanent resident.
• Trespasser: Someone who enters your property without permission.

Evicting a Tenant: The Formal Eviction Process

If the person is considered a tenant, even without a formal lease, you must follow the formal eviction process outlined in Texas law. Self-help evictions are illegal and can result in legal penalties.

Step 1: Notice to Vacate

• You must provide the tenant with a written "Notice to Vacate." This notice informs them that they must leave the property by a specific date.

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• The required notice period varies depending on the lease agreement or circumstances. Generally, a 3-day notice is required for non-payment of rent. For other lease violations, the notice period may be longer (e.g., 30 days) or as specified in the lease.

• The notice must state the reason for eviction (e.g., non-payment of rent, lease violation).

• The notice must be delivered properly. Acceptable methods include:

  • Hand-delivery to the tenant.
  • Mailing the notice by certified mail, return receipt requested.
  • Leaving the notice with someone over the age of 16 on the property.
  • Affixing the notice to the inside of the main entry door.

    Step 2: Filing an Eviction Suit (Forcible Detainer)

• If the tenant doesn't leave by the date specified in the Notice to Vacate, you can file an eviction lawsuit (also known as a "forcible detainer" suit) in the Justice of the Peace court in the county where the property is located.

• The lawsuit will formally request the court to order the tenant to leave the property.

Step 3: Serving the Tenant with the Lawsuit

• After filing the lawsuit, the tenant must be officially served with a copy of the citation and lawsuit. This is typically done by a constable or sheriff.
• Proper service is essential. Without it, the court may not have jurisdiction to proceed with the eviction.

Step 4: Court Hearing

• A court hearing will be scheduled. Both you and the tenant have the right to present evidence and arguments to the judge.
• Be prepared to provide documentation like the lease agreement (if any), the Notice to Vacate, proof of service, and evidence of the reason for eviction (e.g., payment records).

Step 5: Judgment and Writ of Possession

• If the judge rules in your favor, they will issue a judgment for possession of the property.
• If the tenant still refuses to leave, you can obtain a "Writ of Possession" from the court. This order authorizes a constable or sheriff to physically remove the tenant and their belongings from the property.
• The writ typically provides the tenant with a 24-hour notice before the actual eviction.

Removing a Guest: The Process Without a Lease

Removing a guest who has overstayed their welcome can be more nuanced. Since there's no lease agreement, the formal eviction process may not strictly apply. However, Texas law does not clearly define the rights of "guests" in this scenario, so proceeding with caution is advised.

Giving Reasonable Notice

• While a formal "Notice to Vacate" might not be legally required, it is best practice to provide the guest with reasonable written notice to leave. The length of "reasonable" notice will depend on the specific circumstances and the length of the stay.
• Document the notice, including the date it was given and how it was delivered.

If the Guest Refuses to Leave

• If the guest refuses to leave after a reasonable notice period, you may need to consider filing an eviction lawsuit (forcible detainer). The courts can determine if the "guest" has established residency.
• Alternatively, depending on the specific facts, a trespass to try title action might be appropriate, however, this action is more complex than a standard eviction.

Dealing with Trespassers

If someone is trespassing on your property, you generally have the right to ask them to leave. If they refuse, you can contact law enforcement to have them removed.

Key Considerations and Potential Issues

• Retaliation: You cannot evict a tenant in retaliation for them exercising their legal rights (e.g., requesting repairs).
• Discrimination: Evicting someone based on their race, religion, national origin, gender, familial status, or disability is illegal.
• Documentation: Keep detailed records of all communications, notices, and legal documents.
• Consulting an Attorney: Eviction law can be complicated. It is strongly recommended to consult with an attorney experienced in Texas landlord-tenant law to ensure you are following the correct procedures and protecting your rights.

Summary Table: Occupancy Types and Removal Methods

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So, there you have it – a rundown of the key things to keep in mind when considering the laws on kicking someone out of your house in texas. Hopefully, this has cleared things up a bit. Legal stuff can be tricky, so if you're ever unsure, definitely chat with a pro!