Evictions are one of the most challenging aspects of being a property owner or manager in Fort Worth, Texas. While no landlord wants to go through the eviction process, understanding the legal grounds for evictions is essential to protect your rental property and adhere to the Texas Property Code.
Let’s walk through the steps, challenges, and benefits of legally evicting tenants in Fort Worth.
Common Legal Grounds for Evictions
Texas law outlines several reasons landlords may initiate an eviction lawsuit, including:
- Nonpayment of Rent: If a tenant fails to pay rent owed, the landlord has the right to serve a written notice to vacate. This is often the first legal step in the tenant eviction process.
- Lease Violations: If the lease agreement specifically states terms that the tenant violates—such as unauthorized occupants, criminal activity, or damage to the property—the landlord may pursue an eviction suit.
- Holdover Tenancy: When a tenant remains in the rental unit after the lease term has expired and refuses to vacate, this is called a holdover tenant situation. In such cases, a landlord must issue a written notice to begin the eviction proceedings.
The Texas Eviction Process: Step by Step
- Provide Proper Notice: Landlords must give tenants a notice to vacate, which is typically three days unless the lease specifically states a shorter or longer period. This must be delivered in person, by certified mail, or left at the main entry door.
- File an Eviction Suit: If the tenant does not comply, the landlord files an eviction lawsuit in the justice court where the rental property is located. The court hearing is typically scheduled within 10-21 days.
- Attend the Eviction Hearing: Both parties present evidence. If the judge rules in favor of the landlord, an eviction judgment is issued, allowing the landlord to recover possession of the property.
- Issue a Writ of Possession: If the tenant does not leave voluntarily after the ruling, the landlord can request a writ of possession from the court to have the tenant removed by a constable.
Challenges and Risks
The formal eviction process can be time-consuming and costly. Filing fees, court costs, and potential attorney fees add up, especially if the tenant files an appeal or presents tenant defenses. Furthermore, eviction laws strictly prohibit landlords from using self-help measures like changing locks or removing the tenant’s belongings without following the legal process.
Benefits of a Managed Process
Despite the challenges, following Texas eviction laws ensures a smooth and enforceable outcome. By complying with legal requirements and properly documenting issues like unpaid rent, lease violations, and notices, landlords significantly reduce the risk of having their eviction case thrown out.
Partner with Experts to Navigate the Process
At First Class Realty & Management, we understand the complexities of tenant evictions. With years of experience in property management, we help landlords and real estate investors like you navigate the Texas eviction process seamlessly. From issuing notices to representing your interests in the justice court, we’re here to protect your investment and ensure compliance with state laws.
Ready to take the stress out of managing your rental property? Contact us today or explore our services page to see how we can help.