In Texas, eviction proceedings are ruled by a particular set of legal guidelines landlords should adhere to. As a landlord, you’ve gotten the correct to evict tenants for legitimate causes, similar to non-payment of hire or violation of lease phrases. Nonetheless, there are boundaries on what NOT to do throughout eviction.
Preserve studying for the highest 17 “What NOT to Do” actions when it is advisable evict a tenant.
TOP 17: “What NOT to Do” as a Texas Rental Property Proprietor
Understanding these prohibitions is essential for landlords who wish to navigate the eviction course of in Texas legally and ethically.
1- Locking out a tenant with out correct discover
In Texas, landlords are prohibited from locking out tenants with out correct discover as a method of eviction. Based on Part 92.0081 of the Texas Property Code, a landlord should present the tenant with written discover earlier than altering the door locks. This discover should specify the earliest date the lockout might happen and the quantity of hire owed.
If the owner fails to adjust to these necessities, they could be accountable for damages, legal professional’s charges, and even a $1,000 penalty.
2- Shutting off utilities as a type of eviction
In Texas, landlords are explicitly prohibited from shutting off utilities as an eviction methodology. Based on Part 92.008 of the Texas Property Code, a landlord might not interrupt or trigger the interruption of utility companies, together with water, fuel, and electrical energy, to a tenant except it’s for bona fide repairs, development, or an emergency.
Violating this provision can lead to the owner being accountable for precise damages, one month’s hire plus $1,000, affordable legal professional’s charges, and courtroom prices.
3- Coming into with out permission or eradicating a tenant’s belongings with no courtroom order
In Texas, landlords are usually prohibited from coming into a tenant’s unit with out correct discover or consent, besides in circumstances of emergency.
Based on Part 92.0081 of the Texas Property Code, a landlord should give a tenant not less than 24 hours’ written discover of their intent to enter the property except in any other case agreed upon within the lease.
The entry should even be at affordable occasions and for reliable functions, similar to repairs or inspections.
Landlords might also not take away a tenant’s belongings from the property with no courtroom order. Part 92.0082 states a landlord might not seize or impound a tenant’s private property except it’s deserted, and even then, they have to observe process.
Eradicating a tenant’s belongings with no courtroom order might consequence within the landlord going through legal responsibility for precise damages, one month’s hire plus $1,000, affordable legal professional’s charges, and courtroom prices.
4- Harassing or intimidating the tenant to vacate
In Texas, landlords are prohibited from harassing or intimidating tenants to pressure them to vacate the property. Harassment might fall beneath Part 92.331 of the Texas Property Code, which offers with landlord retaliation.
Harassing behaviors might embody fixed unwarranted visits, verbal threats, or different actions meant to intimidate. Participating in such behaviors might result in authorized repercussions, together with potential claims for damages and legal professional’s charges.
5- Discriminating towards the tenant primarily based on race, faith, or different protected courses
In Texas, landlords will not be allowed to discriminate towards tenants primarily based on race, shade, faith, intercourse, familial standing, or nationwide origin throughout eviction. That is consistent with the Federal Truthful Housing Act and additional enforced within the Texas Truthful Housing Act, codified in Chapter 301 of the Texas Property Code.
Discriminatory actions throughout eviction might result in extreme authorized penalties, together with fines and potential lawsuits. Landlords should be certain that their causes for eviction are constant for all tenants and will not be primarily based on discriminatory components.
6- Failing to take care of the property in a liveable situation
In Texas, landlords have a authorized obligation to take care of the property in a liveable situation, even throughout the eviction course of. Based on Part 92.052 of the Texas Property Code, landlords should make sure the rental property is liveable and make all vital repairs to satisfy this obligation.
Landlords who neglect this obligation might face authorized repercussions, together with monetary penalties and potential lawsuits.
7- Retaliating towards a tenant for submitting a criticism or exercising authorized rights
In Texas, landlords are prohibited from retaliating towards tenants exercising their authorized rights, together with throughout eviction. Part 92.331 of the Texas Property Code explicitly states {that a} landlord might not retaliate towards a tenant for actions similar to submitting a criticism for repairs or becoming a member of a tenant’s group.
Retaliatory actions might embody elevating the hire, lowering companies, or submitting an eviction discover with out correct trigger. If a landlord is discovered to have retaliated towards a tenant, they could be accountable for one month’s hire plus $500, precise damages, and legal professional’s charges.
8- Charging extreme late charges or different penalties not outlined within the lease
In Texas, landlords are restricted within the quantity they will cost for late charges, even throughout eviction. Part 92.019 states late charges within the lease settlement have to be “affordable.”
The regulation additional clarifies {that a} late price is taken into account affordable if it doesn’t exceed 12% of the hire for the rental interval beneath the lease for a dwelling or 10% for all different leases.
Charging extreme late charges might end in legal responsibility for precise damages, return of all late charges, $100, affordable legal professional’s charges, and courtroom prices.
9- Failing to offer a written discover to vacate earlier than submitting an eviction go well with
In Texas, landlords are required to offer a written discover to vacate earlier than submitting an eviction go well with. Part 24.005 states that the tenant should obtain the discover not less than three days earlier than submitting an eviction except the lease settlement stipulates a special interval.
10- Submitting an eviction go well with with out correct grounds
In Texas, landlords should have correct authorized grounds for submitting an eviction go well with towards a tenant. Based on Part 24.002, a landlord might recuperate possession of a rental unit provided that the tenant “holds over past the tip of the rental time period” or violates a lease settlement provision.
11- Misrepresenting the situation of the property to induce the tenant to go away
In Texas, landlords are prohibited from misrepresenting the property’s situation to induce the tenant to vacate. Such actions could possibly be misleading commerce practices beneath the Texas Misleading Commerce Practices Act (Part 17.46 of the Texas Enterprise and Commerce Code).
Misrepresenting the property’s situation might embody falsely claiming that the property is unsafe or uninhabitable when it isn’t, meaning to pressure the tenant to go away.
12- Failing to return the safety deposit promptly with no legitimate motive
In Texas, landlords should promptly return the safety deposit to the tenant, even when the tenant has been evicted. Based on Part 92.103, the owner should return the safety deposit to the tenant inside 30 days after the tenant has surrendered the property.
Failure to return the deposit inside this time-frame with no legitimate motive might consequence within the landlord being accountable for an quantity equal to $100, 3 times the portion of the deposit wrongfully withheld, and the tenant’s affordable legal professional’s charges.
13-Utilizing misleading or unfair practices to take away a tenant
In Texas, landlords are prohibited from utilizing misleading or unfair practices to take away a tenant from the property. Such actions might fall beneath the Texas Misleading Commerce Practices Act (Part 17.46 of the Texas Enterprise and Commerce Code).
This might embody making false statements or guarantees to induce the tenant to vacate the property. If a landlord is discovered to have engaged in misleading practices, they may face authorized penalties, together with damages, civil penalties, and legal professional’s charges.
15- Ignoring a tenant’s proper to restore and deduct for important companies
Tenants have the correct to “restore and deduct” for important companies that the owner fails to offer, and this proper stays intact even throughout the eviction course of. Part 92.056 states that if a landlord fails to restore a situation that materially impacts an peculiar tenant’s bodily well being or security, the tenant might restore the scenario themselves and deduct the fee from their hire.
Nonetheless, the owner should obtain a written discover, and the tenant should wait an inexpensive time for the restore to be made.
16- Failing to offer important companies like warmth, water, and electrical energy
In Texas, landlords should present important companies similar to warmth, water, and electrical energy, even throughout eviction. Part 92.052 states landlords should preserve the rental property in a “liveable” situation, which incorporates offering important companies.
Failure to offer these companies might give the tenant the correct to terminate the lease, restore the problem, deduct the fee from the hire, or take the owner to courtroom for damages.
17- Ignoring courtroom orders or judgments associated to the eviction
In Texas, landlords are required to stick to courtroom orders or judgments associated to the eviction course of. Whereas the Texas Property Code doesn’t have a particular part that immediately addresses this concern, failure to adjust to a courtroom order might end in contempt of courtroom expenses or different authorized penalties.
For instance, if a courtroom orders a particular eviction timeline or mandates that the owner take sure actions, non-compliance might result in fines, authorized charges, and even jail time in excessive circumstances.
Landlord Tenant Legislation: Realizing What NOT to Do is Half the Battle
The record above will not be exhaustive. All the time seek the advice of a professional actual property eviction legal professional for particular steerage on landlord-tenant legal guidelines in Texas. Appearing with out thought might trigger greater complications down the highway!
Now that you already know the unlawful option to deal with landlord-tenant conditions, let’s take a look at tips on how to evict a tenant legally.
The Authorized Solution to Deal with Tenant Eviction in Texas
In Texas, the eviction course of is ruled by particular legal guidelines that landlords should observe. These legal guidelines assist you to take away a tenant from a rental property legally.
Step one is to offer the tenant with a written discover to vacate, which have to be delivered not less than three days earlier than submitting an eviction go well with, as per Part 24.005.
If the tenant fails to vacate throughout the discover interval, you possibly can file an eviction go well with within the applicable justice courtroom.
It’s essential to serve the tenant with a duplicate of the courtroom summons and criticism. This copy outlines the rationale for eviction and the courtroom listening to date.
If the courtroom guidelines in your favor, they may concern you a writ of possession. At that time, the tenant might want to vacate the property. All through this course of, landlords should adhere to all authorized procedures and timelines to make sure a lawful eviction.
Authorized Causes for Evicting a Tenant in Texas
Texas regulation outlines a number of authorized grounds for evicting a tenant:
- Failure to Pay Hire: Some of the widespread causes for eviction, as stipulated in Part 24.005, is unpaid hire. As a property supervisor or proprietor, you already know when the tenant fails to maintain their finish of the monetary rental settlement.
- Lease Violations: Any violation of the phrases agreed upon within the lease may be grounds for eviction so long as it’s specified within the lease settlement. Native landlord-tenant legal guidelines range, so all the time test together with your municipality for native legal guidelines and a neighborhood eviction legal professional earlier than making authorized choices.
- Holding Over: If a tenant stays past the lease time period with out the owner’s consent, they are often evicted as per Part 24.002 of the Texas Property Code. Rental property regulation could make it tough to evict a tenant with out authorized assist. Take note of honest housing legal guidelines and your lease earlier than evicting a tenant for not paying a month-to-month hire.
- Felony Exercise: Involvement in felony actions on the property can be a legitimate motive for eviction.
- Well being and Security Violations: If a tenant’s actions endanger the well being and security of different tenants or the property itself, eviction proceedings may be initiated. As well as, injury to the house can cut back your rental revenue, so all the time speak with an eviction legal professional for the most effective expertise when evicting an issue tenant.
- Unauthorized Occupants: Having unauthorized folks dwelling within the rental unit can be grounds for eviction if it violates the lease phrases.
Landlords ought to all the time seek the advice of with a professional legal professional to make sure they observe all authorized necessities throughout eviction.
We Can Assist
At Jarrett Legislation, our skilled eviction legal professional group is well-versed within the intricacies of Texas eviction legal guidelines. We perceive that eviction is a fancy and infrequently anxious course of for landlords. That’s why we’re dedicated to guiding you each step of the best way, from serving the preliminary discover to vacate to representing you in courtroom if vital. We be certain that you navigate the eviction course of in a legally compliant and respectful method.
We provide complete authorized companies masking all eviction elements, together with drafting notices, submitting eviction fits, and executing writs of possession. With our experience, you may be assured that you’re adhering to all state and native legal guidelines, minimizing your danger of authorized repercussions.
As well as, we provide mediation companies to assist landlords handle tough conditions with out judicial involvement. This may usually save property homeowners and managers money and time.
Don’t navigate the difficult eviction course of alone; let the professionals at Jarrett Legislation present the authorized help it is advisable shield your property and your rights as a landlord.
