Landlord Tenant

Practice Areas

Texas Lease Agreements

In Texas, landlord tenant disputes are resolved by the contents of the Lease Agreement. Therefore, drafting a favorable agreement for your specific needs is important. Landlords often use pre-generated forms, but these do not adequately protect their interests or their property. For example, some of the form leases do not allow the landlord to terminate the lease early, which in some situations is essential. An experienced landlord attorney can draft a Lease Agreement with much more favorable terms for landlords.

Landlord/Tenant relationships can be tricky to navigate. Both parties have certain obligations and duties. If you are experiencing difficulties with a landlord or tenant and would like guidance in understanding your rights and obligations, our attorneys would be happy to discuss the issues with you and take further action if necessary. Texas Landowner Law Firm can help in various areas, including:

  • Drafting Lease Agreements
  • Breach of the Lease Agreement
  • Evictions
  • Security Deposit Disputes
  • Maintenance and Repair Disputes

Evictions in Texas

Unfortunately, evicting a tenant is sometimes the best solution to an ongoing problem. The landlord has the right to evict for violating conditions of the lease agreement, failure to pay rent, excessive damage to the premises, interfering with the neighbors' enjoyment of their property, and refusing to move when the lease term has ended. If the landlord needs to evict a tenant, the following outlines the steps of the eviction process:

  1. Notice to Vacate – Unless the lease agreement states another specific period, or the leased property is within a city that has a specific eviction notice ordinance in place, the landlord must give the tenant 3 days written notice to move out of the residence. In some cases, the landlord must give 30 days written notice, such as if the property participates in certain federal programs or the landlord has a federally backed mortgage.
  2. File the Eviction Suit – If the tenant refuses to move out of the property after notice, the landlord must file an eviction suit. The hearing will not take place until at least 10 days after the suit is filed.
  3. Judgment – after the judgment is delivered in favor of the landlord, the landlord is not permitted to take action for 5 days to allow the tenant time to appeal.
  4. Appeal – If the tenant files an appeal, the hearing will not take place for at least 8 days.
  5. Writ of Possession – upon final judgment, the landlord should ask the judge for a Writ of Possession, which entitles the landlord to request that the sheriff remove the tenant and all of the tenant’s property from the residence. The landlord must obtain the writ within 60 days after the final judgment is signed.
  6. Executing the Writ of Possession – The sheriff or constable must post notice of the writ 24 hours before removing the tenant’s property from the premises. The writ must be executed within 90 days after the final judgment is signed.

How long before a tenant can be evicted?

The landlord may issue a notice to vacate just one day after the tenant has failed to pay rent. The landlord may file the eviction suit 3 days after giving a notice to vacate, sometimes called an eviction notice. The eviction process takes 25 days at minimum, but it will likely require 4 to 5 weeks to complete due to court scheduling.

Do I need an attorney in Texas to evict a tenant?

No, you do not need a lawyer to evict a tenant in Texas. However, unless you are well versed in the Rules of Civil Procedure and comfortable in court, it is recommended you hire a Texas Eviction Attorney. Representing yourself could lead to significant delays in removing the tenant and therefore, lost profits and possible damage to your property.

Texas Landlord Attorney

We providing our clients with superior legal services in a cost-effective and efficient manner. Because we understand the expense of litigation, we do our very best to resolve as many cases as possible outside of the courtroom.