What are the Steps to Evict a Non-Paying Tenant in Harris County, TX?

Even when a tenant isn’t paying rent, landlords still need to follow the law. Failing to evict a tenant properly can open a landlord up to other legal issues.

A landlord cannot immediately evict a non-paying tenant. Landlords may wish to begin with informal methods to resolve the situation before moving to eviction.

Before and during the eviction process, a landlord should document as much as possible. This can include any communication with the tenant, such as attempts to work with the tenant to resolve their unpaid rent, and when and how the tenant did and did not pay rent.

The Eviction Process

To begin the eviction process, a landlord must give the tenant a written notice to vacate. In general, landlords must give tenants at least three days to move out. The rental agreement may also come into play here, as well as the federal CARES Act. Properties with federally-backed mortgages, for example, may require a 30-day notice.

The second step is to file a petition for eviction. An eviction proceeding must include every tenant on the lease.

At the eviction hearing, both the landlord and tenant have the opportunity to present their side. This can include evidence and witnesses. A judge will then rule on the case.

A judgment for possession means the judge sides with the landlord. A judge may award damages for unpaid rent. Alternatively, a landlord can pursue their now-former tenant for the unpaid rent in small claims court.

Following the ruling, both parties will have five days to appeal.

If a landlord prevails and the tenant still doesn’t vacate the property, the landlord can ask the judge for a writ of possession. It can be issued beginning six days after the judgment for possession is signed. These writs generally give the tenant 24 hours to vacate the premises before the local law enforcement is authorized to remove them.

Hire a Skilled Property Lawyer Who Knows Texas

If you’re a landlord in Harris County, it’s important to follow the law when dealing with problematic tenants. Don’t give them any grounds to go after you. If you have questions about landlord and tenant issues in Texas, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.