Understanding Texas Eviction Laws and Tenant Background Checks

Texas eviction laws can be complex, especially in major cities like Houston and Dallas, where eviction filings rank among the highest in the nation. Despite millions in unspent rent relief, many landlords are left navigating a frustrating and time-consuming eviction process.

For landlords, avoiding evictions often begins with effective tenant screening—a proactive approach that can save both time and resources. By understanding Texas eviction laws, landlords with properties in multiple states, like Georgia, should be aware of Georgia’s eviction process, as regulations and timelines can differ significantly between states.

What You’ll Learn:

• Legal reasons for eviction: Understand the valid and invalid grounds for eviction under Texas law.
• Step-by-step eviction process: Follow the precise steps outlined in Texas law to ensure compliance and avoid procedural mistakes.
• The role of tenant screening: Prevent eviction scenarios with effective screening processes, including background and credit checks.
• Prohibited practices: Avoid “self-help” evictions and other illegal practices that can lead to lawsuits.
• Improving tenant quality: Streamline your rental process with tools and resources that help you find qualified tenants.

Whether you’re facing a difficult tenant or just want to stay ahead of potential issues, this guide will walk you through Texas eviction laws and help you make legally sound decisions.

Valid Reasons for Eviction in Texas

Evicting a tenant in Texas requires following the rules laid out in the Texas Property Code. Landlords must have a valid and documented reason to initiate the eviction process, especially when dealing with tenants under a fixed-term lease. Without cause, an eviction is not permissible. Below, we break down the valid reasons for eviction and the rules you must follow to stay compliant with Texas eviction laws.

What Are Legal Grounds for Eviction?

Landlords are legally allowed to evict tenants under the following circumstances:

• Non-payment of rent: Rent payments that are overdue after the two-day grace period.
• Failure to vacate after lease ends: Staying beyond the lease term without renewal.
• Lease violations: Breaches such as unauthorized pets, property damage, or subletting without permission.
• Texas Property Code violations: Situations where tenants violate state or local property codes.
• Foreclosure of the rental property: If the property is foreclosed, tenants may face eviction depending on specific circumstances.

Each of these reasons must be properly documented and clearly outlined in the lease agreement or supported by evidence to hold up in court. Texas law requires that landlords follow a formal eviction process and avoid any retaliatory or discriminatory actions when pursuing removal. By ensuring these grounds are legitimate and provable, landlords can reduce delays and avoid costly legal setbacks during the eviction process.

Texas Grace Periods and Notice Rules

Under Texas eviction laws, tenants are entitled to a two-day grace period before rent is officially considered late and subject to a late fee. However, landlords still have the right to serve a notice to vacate as soon as the rent is overdue, regardless of the grace period. This legal flexibility means tenants must act quickly if they miss a payment.

For lease or property code violations, Texas eviction laws require landlords to provide written notice based on the terms outlined in the lease agreement or the Texas Property Code. If the tenant resolves the issue within the specified timeframe, the eviction process must be paused. Following these procedures ensures landlords remain compliant with Texas eviction laws while giving tenants a fair opportunity to correct the problem.

Prohibited Eviction Practices in Texas

Texas eviction laws strictly prohibit landlords from taking matters into their own hands during the eviction process. Engaging in illegal actions can result in fines, lawsuits, and delays in regaining possession of the property.

Landlords may not:

• Perform “self-help” evictions: This includes actions like changing locks, removing the tenant’s belongings, or cutting utilities.
• Retaliate against tenants: You cannot evict a tenant for exercising their legal rights, such as filing a complaint, reporting code violations, or participating in a tenants’ union.

Attempting any of these prohibited practices violates Texas eviction laws and can jeopardize your legal standing in court. Always follow the proper legal channels to ensure your actions are lawful and your property is protected.

Invalid Eviction Reasons Under Texas Law

Landlords sometimes attempt to evict tenants for reasons that are not legally valid, such as:

• Disliking a tenant’s lifestyle choices or personal disagreements.
• Retaliating against tenants for exercising their rights, such as reporting unsafe conditions.

Texas laws protect tenants against these actions, ensuring they can safely assert their rights without fear of unfair eviction. For a broader overview of landlord-tenant laws in Texas, visit this comprehensive guide on Texas landlord-tenant laws.

Texas Eviction Process

Once you have a legal reason to pursue eviction, it’s essential to follow the steps outlined in the Texas Property Code. Missing any step or failing to follow legal requirements can result in starting the process over, wasting time and resources. Below is a detailed walkthrough of the eviction process.

Step 1: Serve the Notice to Vacate

The first step in the eviction process is delivering a written notice to vacate. The type of notice and the time required for compliance depend on the reason for eviction:

• Non-payment of rent: Typically, tenants must vacate within 3 days after receiving notice (unless the lease specifies a different timeframe).
• Lease violations: The notice period is often determined by the rental agreement or property code, usually 3-30 days.
• End of lease term: A landlord must provide at least 30 days’ notice if the lease agreement does not automatically renew.

All notices must be in writing, clearly state the reason for eviction, provide a specific deadline for the tenant to comply or vacate, and include a warning that failure to comply will result in legal action. Notices can be delivered in person, posted on the property, or sent via certified mail. If the tenant vacates within the notice period, the process ends here, and no further action is required.

Step 2: File an Eviction Petition

If the tenant fails to comply with the notice, the landlord must file an eviction petition with the justice of the peace court, formally initiating the legal process. The petition should include key details such as tenant and landlord information, the reason for eviction (e.g., non-payment of rent or lease violation), the date the notice was delivered and the method of delivery, as well as copies of relevant documents like the lease agreement and notice to vacate. Filing fees for the petition typically range from $46 to $100, depending on the county.

Step 3: Serve the Court Summons

After filing the petition, the court issues a citation to the tenant, informing them of the eviction lawsuit and scheduling the hearing. The citation must be served to the tenant at least 6 days before the hearing. Service can be done by a constable, sheriff, or process server.

Step 4: Attend the Hearing

The eviction hearing is held 10-21 days after the petition is filed. Both the landlord and tenant have the opportunity to present their case.

What Landlords Should Bring:

• A copy of the signed lease agreement.
• The notice to vacate and proof of delivery.
• The eviction petition filed with the court.
• Evidence, such as payment records, photos of property damage, or witness testimony.

If the tenant does not appear at the hearing, the court typically issues a default judgment in favor of the landlord.

Step 5: Obtain a Writ of Possession

If the court rules in the landlord’s favor, a writ of possession is issued. This document gives the tenant 24 hours to vacate the property. If the tenant fails to leave after the writ of possession is served, law enforcement (usually the sheriff or constable) can forcibly remove the tenant and their belongings from the property.

Avoid Eviction Hassles With Screening

While the unexpected can happen and cause a tenant to get behind on their rent, proper tenant screening can help you avoid situations that end in eviction.

Set Clear Screening Criteria

Good screening starts by setting your requirements and prequalifying potential tenants against them. This could be through an initial phone call or by including your minimum conditions in your rental ad. These criteria might include income, credit score, or lifestyle factors such as pets or smoking preferences. Learn how to identify types of problem tenants early in the process to minimize risks.

Require a Formal Application

A formal application ensures you gather all the information you need to conduct rental background checks and verify income. It also helps you stay consistent in the questions you ask and the information you collect from all applicants.

Conduct Thorough Background and Credit Checks

The formal screening process includes a background check and credit report. Financial stability and a positive rental history are key indicators of whether a tenant might pose a risk. If you’re managing multiple properties, consider using a tenant screening platform designed for property managers to streamline your process. Screening for these factors can help you avoid high-risk tenants who may lead to evictions in the future.

Navigating Texas Evictions with Confidence

Eviction isn’t easy for landlords or tenants, but sometimes it’s the only option left. That’s why understanding Texas eviction laws is so important. These laws are designed to protect tenant rights while giving landlords a legal path to reclaim their property when necessary.

Even though filing fees in Texas are relatively low, the process can still take a toll. Staying informed and following each step of the process carefully helps landlords avoid costly delays or legal issues.

Streamline Tenant Screening with RentSafe

Preventing evictions begins with smart tenant selection. RentSafe helps you screen applicants quickly and confidently so you can lease to qualified renters from the start.

Create a free account here or contact our team to see how RentSafe can simplify your tenant screening process and protect your property.