Evictions can be stressful for landlords, especially in a market like Austin where legal requirements are strictly enforced. Whether a tenant stops paying rent or violates their lease agreement, landlords and property managers must follow the correct eviction laws from start to finish. Today, we’ll review the legal reasons for eviction, required notices and timelines, and common mistakes landlords should avoid during the eviction process.
Legal Reasons a Landlord Can Evict a Tenant in Austin
Landlords and property managers in Austin must have a legally valid reason to evict a tenant. Evictions may not be based on personal disputes, discrimination, or retaliation. Instead, Texas law outlines specific scenarios where a landlord may legally pursue eviction through the court system.
Some of the most common legal reasons for eviction in Austin include the following.
Nonpayment of Rent
Lease Violations
Holding Over After Lease Expiration
Refusal to Vacate After Notice
Nonpayment of Rent
One of the most common reasons for eviction is nonpayment of rent. When a tenant doesn’t pay their rent on time or within the grace period (if offered), then landlords may issue a Notice to Pay or Vacate. At this point, if the tenant doesn’t pay the full amount within the notice period, the landlord may move forward with filing an eviction case.
Lease Violations
Another common reason for eviction is lease violations. If a tenant violates the terms of their lease, landlords may start the eviction process. Common violations may include unauthorized occupants or pets, excessive noise, property damage, or illegal activity. That said, depending on the lease, tenants may be given an opportunity to correct the violation before the official eviction process starts.
Holding Over After Lease Expiration
When a tenant stays in the property after the lease has expired without renewing or signing a new agreement, they’re considered a holdover tenant. Even if rent was previously paid on time, landlords may still evict tenants who refuse to move out after proper notice is given. That said, month-to-month tenants still need to receive formal notice before eviction, too.
Refusal to Vacate After Notice
Finally, landlords can evict tenants who refuse to vacate the property after receiving a valid notice to leave. This typically occurs when a lease ends or a landlord legally terminates a tenancy. That said, the notice period must follow Texas law and any other requirements listed in the lease agreement.
Required Eviction Notices and Timelines in Austin
Before a tenant can be legally removed from a rental, Austin landlords must follow specific laws, requirements, and timelines. Missing one of these steps or filing too early can slow down the eviction process or even force you to start over.
Here are the required eviction laws and timelines in Austin.
Written Notice to Vacate - Before filing an eviction, Austin landlords must provide tenants with a written Notice to Vacate for nonpayment of rent. Usually, this gives tenants three days to move out, unless the lease says differently.
Filing of Eviction Suit - If the tenant doesn’t move or pay, the next step is filing an eviction suit in the justice court where the rental is located. After the suit is filed, the tenant must be served notice at least 6 days before the trial date, delivered by a sheriff or constable.
Appeal - If the landlord files for summary disposition, the tenant has four days to dispute the landlord’s claims with evidence. If they don’t file an answer, they must show up to the hearing or risk a default judgment in favor of the landlord.
Eviction Hearing - The hearing should be scheduled no sooner than 10 days after the suit was filed, and no later than 21 days. Once the hearing is over, the judge will either rule in favor of the landlord or the tenant. If the tenant loses, they may have a chance to appeal before their property is removed.
Writ of Possession - If the tenant refuses to vacate after the appeal period, the landlord may request a Writ of Possession from the court. This authorizes law enforcement to remove the tenant from the property, as landlords are not allowed to remove tenants themselves.
Common Eviction Mistakes Landlords Should Avoid
Even if you have a valid reason to evict a tenant, one simple mistake can delay or dismiss the process, and sometimes even lead to legal trouble. Eviction laws are very strict, and courts expect landlords to follow every step correctly. With that, here are some of the most common eviction mistakes landlords should avoid.
“Self-Help” Evictions- Landlords cannot force a tenant out of a property without a court order. Doing things like changing locks, shutting off utilities, or removing doors (known as a “self-help” eviction) is illegal and can result in legal trouble.
Serving Improper Notices- Serving the wrong notice to a tenant or delivering it to them incorrectly can result in an eviction case being dismissed. If you serve a notice, it must follow Texas law and any other requirements outlined in the lease.
Accepting Rent After Issuing a Notice- Accepting a rent payment after already serving a Notice to Vacate can invalidate the eviction. In this circumstance, courts may view this as allowing the tenant to stay in the property, which means the process has to start over.
Filing Without Proper Documentation- Without the proper legal documentation, landlords may struggle to prove their case in court. Missing lease agreements, payment records, or written notices can delay or prevent an eviction from going forward.
Failing to Follow Court Procedures- Evictions are legal processes that follow strict timelines and procedures. That said, without following the exact court processes, an eviction may not be valid.
Let Professional Management Handle Evictions
Eviction laws anywhere can be tricky to navigate, and it’s important to do so correctly to stay out of legal trouble yourself. Knowing the right documents, timelines, and procedures to follow is non-negotiable in the eviction process.
If this sounds stressful to you, let a professional property management company handle it. Our team of experienced property managers can help you through the entire rental process. Whether it be marketing, tenant screening, maintenance, inspections, rent collection, or eviction–we’ve got it covered. Contact us today to learn more about our comprehensive management services.
