The deportation process varies slightly from state to state. Before you begin the Texas eviction process, make sure you have read and understood the provisions of the Texas Property Code, Title 4. Actions and remedies and Titles 8. Landlords and tenants. If not, please consult with an attorney to ensure that all deportation actions taken comply with Texas laws. Case Fact Sheet – Identifies the parties in the eviction case and defines the type of claim filed. This document must be presented when the first deportation documents are presented to the court. Payment of overdue rent. Tenants only have the option to pay rent late to avoid eviction if the landlord has already given the tenant a notice of unpaid rent or a request for payment of late rent before sending the tenant the 3-day notice of termination.

It is important to note that Texas has a grace period of 2 days. Therefore, the notification can only be given to the tenant 2 days after a delay in payment (according to the payment date indicated in the rental agreement). After filing the complaint, the tenant has the opportunity to respond to the court through the original response (sample). This form displays the tenant`s page in the story and after that, the court will indicate a hearing date. The court then informs both parties of the date and time of the hearing. 3-Day Eviction Notice (Non-Payment of Rent): The tenant must receive a 3-day eviction notice for non-payment before proceeding with the lawsuit. A payment is considered late if it exceeds the due date specified in the rental agreement and the eviction notice can be issued as soon as the payment is not delivered on time. However, landlords can also issue a notice of late tenancy to remind tenants to pay their rent before filing this official eviction notice. For an eviction to be legal in Texas, it must comply with a number of critical laws in the state. First of all, an expulsion can only be carried out with a valid reason.

This can only happen if: 30-day notice period (monthly rental) – This form is designed to inform one party to a monthly lease that the other party does not intend to renew the lease after thirty days. Each person to whom a warning or notification is to be issued must have his or her name entered on the line under the title of the form. If the name appears on the lease, make sure it is correctly transcribed on this line. In addition, the landlord must keep the receipt number if the notice was delivered by registered mail or registered mail. If the tenant does not remedy the violation or moves, the landlord must file an application to evict the housing permit with the justice of the peace to initiate the formal eviction process. File the case in a local court: If the tenant does not leave at the end of the notice period, the landlord must go to their local justice of the peace to file an application to evict a housing permit. In many cases, this will solve the problem. However, if the tenant does not comply with the notice, he must go to court to resolve the problem. If the court rules in favour of the landlord, it can order a sheriff to forcibly evict the tenant. If the tenant does not respond, either by remedying the violation or by moving within the required time, the landlord can then apply to the justice of the peace, whose jurisdiction includes the city where the premises are located, to sue for eviction (example). In addition to the complaint, the landlord must submit a case fact sheet (example) and an affidavit of military service (sample). These must be notarized before filing.

There is also an application fee, the amount of which depends on where you submit. Illegal activity. In the State of Texas, illegal activity is considered a violation or violation of rental terms and is not treated as a separate type of eviction. Tenants involved in illegal activities do not have the opportunity to resolve the issue prior to eviction. Here are the six steps of the official eviction process in Texas: Affidavit of Military Status: An additional form required filed by the landlord to inform the court if the tenant is currently serving in the military. Affidavit of Military Status – Used to inform the court if the tenant is currently serving in the military. Landlords must attach this affidavit to their eviction application. 3-Day Termination for Non-Compliance – A notice that defines the violation that has occurred and communicates that the tenant has three (3) days to remedy the violation and/or leave the premises.

The second statement, which is associated with the clause „In accordance with your lease. requires three pieces of information. The day, month and year in which the lease was signed and validated. You can enter these signature date components in their respective ranges. The landlord who issues this document must ensure that they submit the request to the tenant to comply with the conditions and expectations specified in this form. Immediately following the „Declaration of Notification“ section, a paragraph appears that clearly expresses the recipient`s expectation of compliance. The landlord/agent must confirm the validity of this declaration by signing their name on the signature line provided. If the tenant removes the violation (if given the opportunity) or moves within the required time frame, no further action will be required. If the tenant refutes the eviction notice, they must respond to the court using the defendant`s original response form to argue their defence. Leave a notice of termination for an occupant of a rental unit over 16 years of age (i) If the landlord gave written notice or reminder to the tenant before the notice of eviction required by this section that the rent is due and not paid, the landlord may include in the notice of eviction required by this section an application to the tenant to pay the rent late or the premises until the date and time of the information contained in the notification.