Before initiating the eviction process, it’s crucial to confirm that you have legal grounds to evict the tenant. Common reasons for eviction include:

• Non-payment of Rent: The tenant has failed to pay rent as agreed in the lease.
• Lease Violations: The tenant has breached specific terms of the lease, such as unauthorized pets or property damage.
• End of Lease Term: The tenant refuses to vacate the property after the lease has expired.
• Illegal Activity: The tenant is involved in criminal activities on the premises.

If you’re unsure whether your situation qualifies, our team can help assess your case and determine the best course of action.

One of the first things that must be done when trying to evict someone is to serve a notice. There are different types of notices that may be given.  This is the MOST important part of the process as it tends to be the easiest way that a tenant will get the case dismissed, if the landlord incorrectly serves the notice. There are also different reasons a landlord may send a notice to vacate such as failure to pay rent, a lease violation, or holding over past the term of the lease. The “3 Day Notice to Vacate” is the most common notice.  A landlord may not file an eviction suit until after a proper notice to vacate has been given, the time period in the notice has expired, and the premises have not been vacated.

If the tenant fails to comply with the notice, the next step is to file an eviction lawsuit, also known as a forcible detainer action. Our team assists each client in the all-important step of preparation, because if this is not done exactly in compliance with Texas Property Code, the case will be dismissed by the court. We will draft and file a written sworn petition for the eviction lawsuit with the justice of the peace.

At the court hearing, both the landlord and the tenant will have the opportunity to present their case. Our Evict Your Tenant Lawyers will present all necessary arguments and documentation for your case to win at trial.

After we win the eviction lawsuit, and the tenant fails to appeal, the court can issue a writ of possession, upon request. This document authorizes law enforcement to remove the tenant from your property if they have not vacated by the deadline. It’s important to note that you should never attempt to remove the tenant yourself; this must be handled by the authorities to avoid any legal repercussions.

Once the tenant has vacated the property, there may still be loose ends to tie up. You may need to address:

• Recovering Unpaid Rent: Depending on the lease agreement, you may be able to recover unpaid rent or other damages through a separate legal action.