Texas has its own set of Landlord and Tenant Rights. It is important to know the Texas laws because the landlord gives all possession rights to a tenant. Once the property is leased if the landlord enters the property without proper notice the tenant may file suit in court and ask for damages. No matter what the landlord may not force their way into the home without first checking to see if someone is home.
Reasons the landlord may enter the unit if the lease agreement does not include reasons
- To make repairs requested by the tenant
- If there is an emergency inside the unit
- If the landlord is going to post notice to vacate inside the main door
Keep “Clean Hands Doctrine”
When one party does something inappropriate that does not open the door for everybody to do something wrong. Put everything in writing so there is no misunderstanding. Be careful when you put things in writing.
Don’t refuse rent payments and then file an eviction for non-payment of rent. Do not cause an interruption of the tenant’s utilities. The landlord does not have this authority under any circumstances. Don’t file an eviction until after the notice period expires which you have written in the notice to vacate. Every eviction starts with a notice to vacate.
Delivery of the notice to vacate
- Must be by mail, does not have to be certified. If there is no mail box then it can be;
- Delivered in person to anyone over 16
- Attached to the inside of the main entry door
Two exceptions to the notice to vacate
- When someone broke in and is now living there. The notice can be oral and does not have a time limit. You can then go straight to the courthouse.
- If there is no way to mail the notice to vacate. If there is an alarm system, vicious animal, then you can attach it to the outside of the door.
The notice to vacate needs to articulate your reason for repossessing the property. You are only required to give the amount of time to notice to vacant written in your lease. If nothing is written in your lease then you need to give the tenant a 3 day notice.
It is important for you to state the reason you are seeking eviction. If more than one breach or reason exists then it is not necessary to state everything. If you name everything and lose then you cannot file again. If you lose and don’t name everything then you can refile for the other reason.
Name each person, pay the service fee, and have everyone you desire to evict served with the citation. Everyone is entitled to due process. Pay the extra fee. If you are successful you win possession of the property plus court costs.
The plaintiff is the landlord, not a management company. When writing the sworn written complaint, the “plaintiff” must be in the name of the real landlord. Look to the contract, generally the contract will name the parties to be named in the eviction lawsuit.
Who can legally represent the landlord for eviction?
- If the landlord is an individual or other business entity other than a corporation, and
- If the eviction suit is for anything other than non-payment of rent or holding over, then
- the landlord must appear in person or be represented by a licensed attorney, and
- (never someone who claims to have a signed “Power of Attorney”.)
Any representative of the landlord may file the eviction suit for the landlord, and this person need not be an attorney. Any representative can receive a default judgment for the landlord.
To Sum Up
No attorney is required for:
- Filing eviction papers with the court
- Non-Payment of rent Evictions
- Holding rent Evictions
- When landlord is a corporation
- When Landlord appears in person, or
- When receiving a “Default Judgment”.
Attorney is required to be present for:
- All Evictions for anything other than non-payment of rent or holding over when the individual owner cannot appear in person, or
- Any time the owner wants an attorney there for the comfort of having competent legal representation.
After the tenant is served with eviction papers from the court, the tenants answer date is coincidental with the date of the trail.
Your case could be before a jury. It is always a good idea to have an attorney present.
You have to have evidence to win any lawsuit. You need just the slighty greater weight of credible evidence to win a lawsuit. It can be the account of an eyewitness, documents, recordings, or photographs. Courts are all governed by the Texas rules of evidence. If the evidence is not introduced properly the judge or jury cannot look at it. It is not necessary for live witnesses to go thru hoops to admit testimony. They can only talk about what they have personal knowledge about. Witnesses do not have the 5th amendment right to remain silent as they do in criminal trails.
Enforce the written contract
The Texas Real Estate Lease Agreement states there can be no modifications or outside agreement unless they are in writing. You should stick to that. A tenant may testify to a side agreement if someone is not present.
Do not over present your case
You have a limited time to present you case. If you are not going to be credible, then you are not the right person to present the case. You are trying to make a sale to the judge or jury. Present the credible evidence but don’t drive it into the ground. Make your points clear and understandable. Don’t go off on a rabbit trail which may hurt your credibility. Make notes and follow your outline.
Have a mock trial of your own
Let someone listen to you presenting your evidence. They may say what you said does not make sense. PRACTICE. Try to be brief, unemotional and professional. Do not call anyone a liar in the courtroom. If someone likes you they are more likely to believe you.
A Bad Judge
There are over 820 justices of the peace in Texas. Tenants are typically not as prepared and equipped as landlords to prosecute the case. If the judge does not seem to be following the law that is a problem. If that is the case. Try to meet with the judge and find out what he or she requires in their court. If a meeting is impossible there is a procedure for transferring the case. Rule 528 – Venue Changed on Affidavit. Get two citizens to state that they have good reason to believe that such party cannot have a fair and impartial trail.
Disposing of property left behind
Landlords have a responsibity concerning property abandoned by evicted tenats. You must determine if the property has value or not. You must attempt to notify the tenant or a realtive where the property is stored at. Write a letter to every relative whose name is listed in the lease. You should document what you remove from the property. The tenant must be told how many days they have to reclaim the items.
If the property is removed under court order you have protection. The first advise would be to seek advise from legal counsel. You must protect yourself from frivolous lawsuits by covering your liability.
Remember, we are here to help buyers and sellers. Consider us your real estate source in Texas. Call Inner Loop Houston REALTOR Bill Edge 713-240-2949 to see Houston Homes in 24 hours or less.
Source: Judge Al Cercone, Precinct 3-1, Dallas County; Texas AM Real Estate Center