Texas Eviction Notice Forms | NonPayment | Notice to Quit | PDF
Download the Texas eviction notice forms to recover possession of a residential unit from a tenant that has broke the terms of their lease. An eviction is sometimes referred to as a Forcible Entry and Detainer. Property owners may only evict tenants through the process that Texas law requires. The landlord should make sure to obey all State laws through the eviction process.
1. Notice
The first thing the landlord must do is give the tenant notice that an eviction might proceed. Usually this occurs for nonpayment of rent, but it could also be for other lease violations or because the lease has expired. Notice for any type of eviction is three days, unless the lease states that it is longer. The lease cannot state that the notice length is less than three days.
If the lease is on a month to month basis and the landlord wishes to take possession for personal reasons then the thirty day notice is required.
You can notify the tenant in writing and hand deliver the notice, post it on the tenant’s door, or mail it by certified mail with a return receipt.
2. Forcible Entry and Detainer Lawsuit
After the notice period ends and the tenant has not left the premises, the landlord may file a Forcible Entry and Detainer Lawsuit (Complaint) at the local court (See List). The sheriff will deliver these documents to the tenant. In Texas, you must have the lawsuit forms notarized and pay a filing fee to file them. The court date will not occur until six days after the tenant is served the lawsuit forms, and usually within 10 days. Some counties in Texas require tenants to file a written answer, but others don’t, so it is important to check with the local court.
If the tenant files an Answer, the landlord must file a Motion of Writ of Possession which will request a hearing. Attached the Writ will be a Notice of Hearing which will notify both parties of the date.3. HearingTenants must appear at the hearing, or else the landlord will win the eviction by default. The hearing allows both sides to present their cases. For example, the landlord will have to show with evidence that the tenant failed to pay rent or committed another violation. Thus, it’s important to bring copies of all relevant documents, and any witnesses or photographs to support your claims. Of course, the tenant may present defenses to these accusations.If the landlord wins, the tenant will have five days to appeal the decision. If the tenant remains on the property beyond the five days and has not filed an appeal, the property owner may go to court and obtain a Writ of Possession. The sheriff will deliver this to the tenant, after which the tenant has 24 hours to leave the property or else the sheriff will physically remove the tenant and the tenant’s personal property. Landlords may be required to provide manpower to assist the sheriff.Sources