The Eviction Process in Houston Texas
In Houston Texas, a property manager must lawfully end the tenancy before kicking out a tenant. The property manager should first give the occupant a written notice, as required by state law. If the renter does not move out after receiving this notification, then the proprietor can file an expulsion suit (also called a forcible entry and detainer match).
In Houston Texas, a landlord can end an occupancy early if the renter does not pay rent or violates the lease or rental contract (for instance, by having a pet when none are enabled or continually tossing loud celebrations). Prior to filing an eviction claim, the property owner should first provide the occupant a three-day notice to vacate. The proprietor does not need to provide the renter the option to fix the violation or pay the rent. If the occupant does stagnate from the rental unit at the end of the three days, then the landlord can submit an eviction claim with the court (see Tex. Prop. Code Ann. § 24.005). Notification for Termination Without Cause. Always ask an eviction lawyer.
The guidelines for ending a lease without cause differ depending on whether the occupancy is month-to-month or a set term.
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Tenancy: Month-to-Month Occupancy
If a property owner wishes to end a tenancy with a tenant who is month-to-month, then the property manager should give the tenant a 30-day notification to move. This notification should state the date by which the tenancy will end which the tenant needs to move out of the rental unit by that time (see Tex. Prop. Code Ann. § 91.001). To learn more on ending a month-to-month tenancy in Texas, see Texas Notice Requirements to Terminate a Month-to-Month Tenancy.
Fixed-Term Occupancy.
A property owner can not end an occupancy early without cause if the occupancy is longer than month-to-month, or for a set term. The property manager should wait up until the term ends prior to ending the occupancy and anticipating the tenant to move. However, the landlord is not required to provide the occupant notification at the end of the term, unless the lease or rental agreement particularly needs it. For instance, if the occupant has a year-long lease that ends in December and the occupant has actually not requested to renew the lease, the landlord does not have to give the tenant notification to move out of the rental by the end of December unless the regards to the lease need such notice. When December comes around, the property owner can expect the occupant to move out of the rental unit by the end of the month.
If the occupant does stagnate from the rental at the end of the term, then the renter is considered a hold-over renter, implying the occupant is holding over in the rental unit after the tenancy has actually expired. If this happens, the landlord needs to offer the tenant a three-day notice to abandon. If the tenant does not move out by the end of the three-day period, then the proprietor can submit an eviction lawsuit with the court (see Tex. Prop. Code Ann. § 24.005).
Renter Eviction Defenses
An occupant might decide to fight an expulsion, which would increase the quantity of time it requires to get the occupant forced out. The occupant might have numerous potential defenses. One of the most common defenses is that the property owner did not follow all the rules when kicking out the tenant. For instance, the tenant might show that the property owner improperly served a notification or the proprietor did not wait enough time before submitting the eviction claim. Some other prospective defenses are that the property owner did not maintain the rental unit according to law or that the proprietor discriminated against the occupant. Occupant Defenses to Evictions in Texas has more details on tenant defenses.
Elimination of the Tenant
The only legal way to get rid of an occupant from a rental in Texas is for a proprietor to win an expulsion suit, or forcible entry and detainer match, in court. Even after winning the claim, the proprietor still must not attempt to evict the occupant. The only individual who can do that is an officer of the law, authorized by the judge who allowed the eviction to happen. Texas law has made it illegal for the proprietor to personally remove the tenant from the rental. SeeIllegal Eviction Procedures in Texas to find out more on the topic.
Reasoning for the Rules
Landlords need to carefully follow all the rules and treatments needed by Texas law when evicting a tenant; otherwise, the expulsion might not be valid. Although these rules and procedures can seem challenging to the landlord, they are there for a reason. Expulsions frequently occur very rapidly, with completion outcome being that the occupant has actually lost his/her house. The rules assist guarantee the expulsion is warranted which the tenant has sufficient time to find a new location to live.
It is always wise to use an Eviction Attorney in Houston, then do it yourself, especially with commercial property.