Houston, Texas, stands as one of the most expansive and diverse cities in the United States, boasting a dynamic rental market. Its strong economy, relatively low cost of living compared to other major cities, and absence of state income tax make it an appealing destination for renters, including young professionals, families, and students.
The city's diverse neighborhoods, ranging from upscale high-rises in downtown to suburban communities, provide a variety of housing options to suit different lifestyles and budgets. However, with such a high demand for rental properties, disputes between landlords and tenants can sometimes lead to eviction.
The eviction process is a formal legal process that requires compliance with Texas eviction laws to ensure fairness for both parties. Understanding the legal grounds for eviction, the procedural steps in an eviction lawsuit, and tenant defenses against eviction is crucial for both the landlord and the tenant.
This article explores the common reasons for tenant eviction, the eviction procedures, and the formal eviction process in Houston. It highlights key aspects of landlord-tenant law under the Texas property code.
Common Reasons for Tenant Eviction
Landlords have the legal right to evict tenants under specific circumstances. However, eviction must be carried out in compliance with state law and with proper notice to the tenant. Below are some of the most common reasons why property owners may need to initiate eviction proceedings:
1. Non-Payment of Rent
One of the most frequent causes of eviction is when a tenant fails to pay rent on time. According to Texas law, landlords must provide a written notice to vacate before filing an eviction suit.
- The notice to vacate typically gives tenants a notice period of three days to either pay or leave the rental unit.
- If the tenant does not comply, the landlord may file an eviction lawsuit in justice court to seek possession of the rental property.
If the court grants an eviction judgment due to unpaid rent, the landlord can obtain a writ of possession to remove the tenant.
2. Lease Violations
When tenants violate their lease agreement, they risk facing eviction. Some common lease violations include:
- Unauthorized occupants in the rental unit
- Keeping pets when the lease specifies a no-pet policy
- Engaging in illegal activities on the landlord’s property
- Excessive noise is disturbing other tenants
Landlords must give the tenant proper notice of the violation and an opportunity to correct it before filing eviction papers and demanding fees for an eviction suit. If the lease specifies corrective actions, but the tenant fails to comply, the landlord may proceed with an eviction case.
3. Property Damage
Tenants are responsible for maintaining the rental property in good condition. If a tenant causes significant damage beyond normal wear and tear, such as:
- Destroying walls, flooring, or fixtures
- Vandalizing the main entry door, walls, or ceilings
- Damaging essential utilities (plumbing, electrical, gas, water)
The landlord must issue a written notice and, if necessary, file a forcible detainer suit to remove the tenant. The tenant may also be liable for court costs, attorney’s fees, and damages.
4. Illegal Activity on the Premises
If a tenant engages in illegal activity within the rental unit, such as:
- Drug use or distribution
- Prostitution or human trafficking
- Violent crimes or harboring a fugitive
The landlord can immediately issue a written notice to vacate and file an eviction suit in the local justice court. Courts generally rule in favor of landlords in these cases and allow them to reclaim possession of the rental property.
5. Failure to Vacate After Lease Expiration
When a written lease expires, tenants must vacate unless a new rental agreement is signed. If a tenant refuses to leave, the property owner may proceed with eviction proceedings.
- A notice to vacate must be given with a notice period of at least 30 days for month-to-month tenancies.
- If the tenant fails to move out, the landlord may file an eviction lawsuit and obtain a court order for possession.
The Eviction Process in Houston
Evictions in Houston must follow strict legal procedures under the Texas property code. Below are the key steps in the eviction process in Texas.
Issuing a Notice to Vacate
Before filing an eviction suit, the landlord must provide a written notice to vacate. This eviction notice informs the tenant that they must leave the rental property by a specific date.
- The notice period varies based on the reason for eviction.
- It must be delivered via certified mail, registered mail, or in person.
Filing an Eviction Lawsuit
If the tenant does not comply, the landlord files an eviction lawsuit or a forcible detainer suit in justice court. The landlord must pay the filing fees and submit the eviction suit papers to the court.
Court Hearing and Judgment
The tenant will receive the court papers and must submit a written answer before the court hearing. During the eviction hearing, both parties present their case, and the court rules based on the evidence.
- If the court rules in favor of the landlord, a final judgment is issued.
- If the tenant does not respond, the court may issue a default judgment.
Issuing a Writ of Possession
If the tenant does not leave voluntarily, the landlord can request a writ of possession from the justice court registry. This court order allows law enforcement to remove the tenant and their personal property.
Physical Eviction
The local constable will enforce the writ of possession by physically removing the tenant. Forcible entry by the landlord is illegal, and landlords must follow state law when evicting tenants.
Tenant Defenses and Legal Considerations
Tenants have rights under landlord-tenant law and may challenge an eviction case under certain circumstances. Common tenant defenses include:
- The landlord did not provide tenant proper notice
- The eviction was in retaliation for reporting unsafe conditions
- The landlord violated federal programs protecting tenants
Tenants facing eviction can seek help from a tenant organization or a Texas tenant advisor or file a written answer in county court.
Costs and Legal Fees
Landlords and tenants may incur court costs, attorney's fees, and reasonable attorney's fees during the eviction proceedings. Proper eviction suit papers must be filed correctly to avoid unnecessary delays.
Final Thoughts: Understanding Tenant Evictions in Houston
The eviction process in Texas is a structured legal process that must comply with Texas property code. Evicting tenants without following proper eviction procedures can result in legal consequences.
Landlords must issue a written notice to vacate, file a forcible detainer suit, attend the court hearing, and obtain a writ of possession before reclaiming their rental property.
Ultimately, communication and adherence to landlord-tenant law are essential to avoid costly eviction proceedings. By following legal procedures, both landlords and tenants can navigate rental disputes effectively while protecting tenants and upholding Texas eviction laws.
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