Evicting Tenants

From time to time, it is not uncommon for a tenant not to pay his or her rent or to do something else that makes the landlord want to evict him or her. When a landlord wishes to evict a tenant, there is a certain process that must be followed.

An “eviction” is a lawsuit that has been filed by a landlord in an effort to remove persons, or tenants, and their belongings from the landlord’s property. On a daily basis, there are hundreds of these lawsuits filed with the Texas justice courts.

The first step in terminating a person’s occupation of a property is giving notice to the tenant. This can be done for a variety of reasons. The most common reason for eviction is nonpayment of rent. As long as the landlord is not discriminating in violation of the various Fair Housing laws or retaliating in violation of the Texas Property Code, a landlord can refuse to renew a lease for any reason.

When a tenant refuses to leave after the landlord has asked, the landlord must then file an eviction case with the justice courts in order to gain approval to remove the tenant. The landlord must prove that the tenant has violated the lease or has not moved after the landlord refused to renew the lease.

The landlord owns the property but, before a tenant can actually be forced out, a court must rule for the landlord. Once this is accomplished, a constable is required to supervise the actual eviction. Court approval is required for evictions because landlords sometimes make mistakes and because it is not unheard of for a landlord to have an improper motive for eviction.

Contact an Austin Real Estate Agent

For more information on housing in Austin and relocating, contact the Austin real estate agents of The Carvajal Group at 512-419-7770.