Phone:(214) 310-1491
- 6401 Eldorado Parkway, Suite 330 McKinney, Texas 75070
Phone:(214) 310-1491
It is imperative that there be a well-written and comprehensive lease agreement between the landlord and tenant. If there is no lease agreement or if the lease agreement is poorly written and not comprehensive, then the landlord and tenant will be inviting confusion and conflict.
According to the Texas Property Code (Sec. 92.3515), landlords may use the following information to decide if they should approve a tenant: Income, Criminal History, Rental History, and Credit History.
Under Texas law, landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as the identity of anyone authorized to act on the landlord’s behalf and the tenant’s rights when the landlord fails to make necessary repairs. There are also many more required landlord disclosures that must be included in the lease.
Texas state law does not limit how much a landlord can charge for a security deposit. However, landlords must return security deposits within 30 days of the tenant’s departure. Landlords who retain some or all of the deposit to cover damage and unpaid rent must provide an itemized, written accounting (Tex. Prop. Code Ann. § 92.104). Texas law specifically requires landlords to “keep accurate records of all security deposits,” but does not elaborate on what that means (Tex. Prop. Code Ann. § 92.106).
Several other landlord-tenant laws in Texas affect both property owners and renters, including:
There can be many different reasons to support an eviction. Below are some of the most common examples supporting eviction, as well as a general description of the eviction process in Texas.
Rent is usually considered late a day past its due date; however, a grace period may be available if stated in the lease/rental agreement. Before a landlord can start the eviction process, they are required to give the tenant an official written Notice to Vacate (also known as a 3-Day Notice to Pay or Quit). If the tenant pays the rent within those three days, then the eviction process does not move forward. If the tenant is unable to pay, the landlord reserves the right to offer them a second chance; however, in Texas, landlords are not obligated to offer a second chance. Once the three days have expired, the landlord can proceed with the eviction process immediately.
Lease violations may include: Staying longer than indicated on the lease; Disturbing the other tenants with loud activity; Damaging rental property; Smoking in non-smoking areas; and Keeping pets in pet-free properties, etc.
If a tenant has engaged in illegal behavior within the property, the landlord may issue a 3-Day Notice to Vacate. Examples of illegal activities are: involvement in the creation, distribution, or consumption of illegal drugs; subletting without the landlord’s approval; and theft, violence, assault.
Eviction proceedings do not mean that a tenant will immediately be removed from their home. There are many steps in the eviction process that each take a certain amount of time. Until a writ of possession is issued, the tenant can remain in their home.
The eviction process can only begin after the issuance of the Notice to Vacate. The landlord must have allowed enough time to pass before filing for eviction.
Before a landlord can start legal eviction proceedings, they must give the tenant proper notice in writing. A written notification that the landlord would like the tenant to move out because the tenant has broken the lease is called a “notice to vacate.” Texas law is very specific about how the notice must be given to the tenant and what it must contain.
The notice must include:
The notice can be given to the tenant in one of the following ways:
If the notice is given in person or sent via the mail, the time given to move out before the landlord files an eviction suit starts running once it is delivered. If it is attached to the outside of the main entrance, the time starts running once the notice is affixed to the outside of the door, regardless of when the copy in the mail is delivered.
Once the time stated in the notice to vacate has passed, a landlord can file a suit to evict. This suit should be filed in the justice court where the rental property is located.
Once the suit has been filed, the tenant must be served with papers at least 6 days before the trial. A sheriff or constable may serve the tenant with papers by delivering them to the tenant or to a member of the household who is 16 or older. If they have tried to deliver papers twice and are unsuccessful, a judge can allow the landlord to serve the tenant in another method. Other methods include slipping it through a mail slot, slipping it under the front door, or affixing it to the front door.
In justice court, the tenant is not required to file a written answer. They are allowed to do so if they disagree with the claims in the suit. If the tenant does not file an answer, the tenant will need to show up to the hearing or risk a default judgment against him/her and in favor of the landlord. The hearing will be set for no sooner than 10 days after the suit was filed and no later than 21 days.
A tenant has the right to request a jury for their hearing. This request must be made at least 3 days before the trial.
After the hearing, a judgment will be issued. If the court rules against the tenant, the tenant will have the opportunity to appeal before the tenant’s property is removed from the rental.
Once a final judgment has been entered and all deadlines have expired, the landlord may ask the judge to issue a “writ of possession.” This is the final step in the eviction process. “Executing a writ of possession” is when a tenant and all their belongings and property are removed from the rental unit.
We offer decades of combined litigation and dispute resolution expertise to resolve common civil, commercial, and business-related issues, including:
The attorneys at J Lowe Law are experienced in handling all aspects of the landlord tenant relationship, from lease review and negotiation to eviction. The landlord tenant laws in Texas can be complex, so it is vital to have an experienced landlord tenant attorney by your side throughout the process. Whether it be reviewing a lease or dealing with an eviction, you can trust that the attorneys at J Lowe Law will protect your rights and interests.
Construction litigation can be both complex and costly. When dealing with such complex issues, it is important to have an attorney with experience in all aspects fo construction. The attorneys at J Lowe Law have just that with over 18 years of experience in construction disputes. When it comes to construction litigation, you can trust that the attorneys at J Lowe Law will be there to protect your interests and minimize your liability.
Insurance law is highly complex and litigation cases are costly and protracted. Let our attorneys at J Lowe Law deal with your complicated insurance litigation issues by using our strong legal counsel to advocate for your best interests. Whether it be a coverage dispute or other insurance issue, the attorneys at J Lowe Law are here to assist you every step of the way.
Business disputes can have a serious negative impact on a business’ stability and bottom line. We handle complex business disputes where stakes and risks are at their highest. You can trust that the attorneys at J Lowe Law will be there to zealously advocate for you and your business.
Here at J Lowe Law, we offer legal representation when it comes to real estate disputes. Whether it be a property dispute, title insurance dispute, easements, licenses, nuisances, etc., the attorneys at J Lowe Law are ready to represent and protect your interests.
J Lowe Law litigation and dispute resolution attorneys leverage their experience and creative legal skills to add value when representing private and business clients in a variety of disputes. We utilize highly customized mediation, negotiation, arbitration, and trial strategies to help clients overcome challenges.
It’s safe to say that a prudent settlement is better than prolonged, stressful, and costly litigation. While our attorneys at J Lowe Law excel in State and Federal Court trial proceedings, we advocate the use of alternative dispute resolution measures to resolve litigation matters quickly and efficiently. Our attorneys are skilled at maintaining objectivity in litigation and dispute resolution cases. We are an experienced and skilled advocate in both litigation and dispute resolution practices, including arbitration, mediation, negotiation, and other non-traditional processes. Through our tailored litigation and dispute resolution law services, we help reduce the costs and delays often associated with civil, business, and commercial litigation.
J Lowe Law is a law firm made up of exceptional attorneys in various practice areas, including construction law, family law and collaborative divorce, litigation and dispute resolution. We embrace complex challenges by delivering effective and efficient solutions tailored to our client’s specific needs and goals.
Legal Disclaimer: The information contained in this website is not intended and does not constitute legal advice. All information contained herein is intended as general information only. For legal advice pertaining to a specific case or question, please contact our office. Contacting J Lowe Law through this website does not establish an attorney-client relationship between you and J Lowe Law. No attorney-client relationship can or will be established between you and J Lowe Law until we have determined that no conflict of interest exists between you and any of our current or former clients. You should not send or disclose any confidential information to anyone at J Lowe Law prior to the establishment of a formal attorney-client relationship.