Evictions
Eviction is the legal process by which a landlord removes a tenant and other occupants from rented property when rent has not been paid or the lease agreement has been violated. This legal process also prevents landlords from forcing tenants to leave without good cause. The court will determine who has a greater right to possession of the rented property. Only the Justice of the Peace Court in the precinct in which the real property is located has jurisdiction over the eviction lawsuit.
The landlord must first give the tenant proper written notice to vacate, demanding possession by a specific date. (Notice of Vacate Chart). Delivery must be by either Personally delivered, mailed certified mail, attaching to the inside of the main entry door OR Alternative Delivery of Notice to Vacate Alternative delivery of the notice to vacate is only an option if:
- The dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice to vacate on the inside of the main entry door; or
- The landlord reasonably believes that harm to a person would result from “in person” delivery as described above. Property Code § 24.005(f-1).
If one of those conditions exists, the landlord may: • Securely attach the notice to the outside of the main entry door in an envelope with the tenant's name, address, and the words "Important Document" or similar language; and • By 5:00 p.m. of the same day, deposit a copy of the notice to vacate to the tenant in the mail (must be mailed from the same county as the premises).
If the tenant fails to move out by the deadline in the written notice, the landlord may file an eviction lawsuit and must pay court costs. The eviction petition must state the specific reason(s) why the tenant must move out. The landlord can seek rent owed, attorneys' fees, and court costs not to exceed $20,000 and possession of the property. A different lawsuit must be filed for damages, utility bills, re-letting fees, accelerated rent, deposit and/or late fees.
The tenant must be served a citation before the suit can commence. Court costs include the Constable's fee to serve the citation. A hearing will be set not more than twenty-one or less than ten days from the date of service.
Both the landlord and tenant should appear in Court on the hearing date to present evidence. A jury demand may be made. If the jury fee in the amount of $22.00 is paid within three days before the trial date, the jury will hear the evidence and determine the prevailing party. If no jury demand is made, after hearing evidence the Judge will make a decision as to the prevailing party. When the Judge or the jury decides the prevailing party, the Judge will sign and enter judgment. The non-prevailing party has a five day appeal period after the judgment is entered to file an appeal.
When the judgment is entered awarding possession of the property to the landlord, the appeal period has passed, and the tenant is still in the premises, the landlord can file a Writ of Possession with the Court. After giving 24 hours notice, the constable will supervise the removal of all persons and their belongings from the property.
Appeal of the Eviction Lawsuit Judgment
The non-prevailing party can appeal and receive a new trial in the County Court-at-Law. The notice of appeal must be filed with the Justice of the Peace Court no later than five days after the judgment is signed. An appeal bond must be put up in the amount of twice the amount of one month's rent plus the amount of court costs. Within five days of filing the notice of appeal the tenant must pay one month's rent into the registry of the court.
The tenant may choose to file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond if a bond cannot be afforded. The Statement of Inability to Afford Payment of Court Costs or an Appeal Bond must be filed before the judgment is final. A landlord can contest the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. The Justice of the Peace Court or County Court-at-Law approves the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond .
No matter who appeals, the tenant must file a written answer in the County Court-at-Law within eight days after the Justice of the Peace Court files the transcript.
Eviction filings must have all of the following documentation:
