What to Do if Your Tenant Refuses to Move Out Under Texas Law

What to Do if Your Tenant Refuses to Move Out Under Texas Law

Dealing with a tenant who refuses to move out can be a challenging situation for landlords in Texas. Understanding the legal steps you can take is crucial in ensuring a smooth and lawful process. Below are the steps you should consider if you find yourself in this predicament.

1. Review the Lease Agreement

Before taking any action, review the lease agreement thoroughly. Check for the lease end date and any provisions regarding termination. If the lease is still valid, you may need to wait until it expires or negotiate an agreement with the tenant for early termination.

2. Provide Written Notice

Texas law requires that landlords provide tenants with a written notice when requesting them to leave. The length of the notice depends on the circumstances:

  • If the tenant has not paid rent, you can give them a 3-day notice to pay rent or vacate.
  • If you are ending a month-to-month lease, you generally need to provide 30 days' notice.
  • If the tenant has violated lease terms, a 10-day notice might be appropriate.

Make sure to keep a copy of the notice for your records and send it via a method that provides proof of delivery, like certified mail.

3. File for Eviction

If the tenant does not vacate after receiving proper notice, the next step is to file an eviction lawsuit, known as a forcible entry and detainer action, in the local justice court. Gather all your evidence, including the lease agreement, payment records, and copies of the notice you provided. You will also need to pay a filing fee, which can vary by county.

4. Prepare for Court

Attend the court hearing on the scheduled date. Bring all necessary documents and evidence to present your case. Be prepared to explain why you believe the tenant should move out. The judge will listen to both sides and make a ruling based on the evidence presented.

5. Obtain a Judgment

If the judge rules in your favor, you will receive a judgment for possession of the property. This allows you to proceed with the eviction process. The tenant may be given a specific period to vacate the premises.

6. Coordinate with Law Enforcement

If the tenant still refuses to leave after the judgment, you can request the assistance of local law enforcement. They will help enforce the eviction order and remove the tenant if necessary. It’s important to never attempt to remove a tenant yourself, as this can lead to legal complications.

7. Recovery of Damages

If you've incurred any damages or lost rental income due to the tenant's refusal to move out, you may be able to seek recovery through small claims court once the eviction process has been resolved. Keep detailed records of any damages or expenses incurred during this time.

8. Consider Professional Help

If the eviction process seems overwhelming or if you are uncertain about any steps, consider consulting with a legal professional who specializes in Texas landlord-tenant law. They can provide personalized guidance and help ensure that you follow the correct legal procedures.

By understanding and following the proper steps under Texas law, landlords can effectively deal with tenants who refuse to move out while protecting their rights and the integrity of their properties.