Understanding Texas Eviction Laws and Tenant Background Checks

Millions of renters face eviction every year, with major Texas cities like Houston and Dallas frequently leading the nation in eviction filings. Despite millions of dollars in rent relief going unspent, landlords often find themselves navigating this challenging and time-consuming 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.

Key Takeaways:

• Legal reasons for eviction: Understand the valid and invalid grounds for eviction under Texas law.
• Eviction process: Follow the precise steps outlined in Texas law to ensure compliance and avoid procedural mistakes.
• 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.

Evictions are messy, but having a clear process and starting with high-quality tenants makes all the difference. In this blog, we’ll explore Texas eviction laws, the step-by-step process, and tips to reduce eviction risks altogether.

Legal 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.

Permitted Reasons for Eviction in Texas

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.

Grace Periods and Notice Requirements in Texas

Under Texas rental laws, tenants are entitled to a two-day grace period before rent is considered late and a late fee can be applied. However, landlords can serve a notice to vacate for unpaid rent immediately after the rent is overdue-no grace period is required in this case.

For lease or code violations, landlords must provide a notice period based on either the Texas Property Code or the rental agreement. Resolving the issue during this time halts the eviction process.

Prohibited Eviction Practices in Texas

Certain practices are explicitly prohibited under Texas law. Landlords are not allowed to:

• Perform “self-help” evictions, such as changing locks, removing the tenant’s belongings, or cutting utilities.
• Retaliate against tenants for filing complaints, reporting code violations, or pursuing legal actions.

These actions can lead to lawsuits and penalties, so it’s essential to follow proper legal channels when pursuing an eviction.

Invalid Reasons for Eviction

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.

Don’t Run Afoul of Texas Eviction Laws

Eviction is a word no landlord or tenant likes to hear, but times come when it’s the only course of action. Texas eviction laws exist to protect tenant rights, which means you need to know them well to ensure you stay within the lines. Make sure you understand the process and pay close attention to the various deadlines to ensure your eviction is legal.

While eviction filing fees in Texas are low, the process can be a drain on your time and energy. Contact us to find out how our customizable tenant screening can help you get a higher quality tenant in your property.