An eviction notice in Texas is used by a landlord to inform a tenant of a lease violation. The landlord must inform the tenant and explain the offense committed and the given number of days to fix it. Once the problem is resolved, the lease will continue as before. In case, if the tenant does not reply, then at the Justice of the Peace Court the landlord can file an eviction case [Forcible Entry and Detainer].
There are 3 types of the notice to quit:
1) 3-Day Notice to Quit [Non-Payment of Rent] – This form lets the tenant know that if he/she does not pay the past due rent, then he/she is subject to eviction.
2) 3-Day Notice to Quit [Non-Compliance] – This form is to let the tenant know that he/she has breached the lease and that landlord will seek eviction if the breach has not been fixed within three days.
3) 30-Day Notice to Quit [Month-to-Month Tenancy] – This form is to let a party to a month-to-month tenancy know that the other party does not plan to renew the tenancy at the end of 30 days.
Eviction Laws to Consider:
– Rent Grace Period: 2 days. § 92.019
– Non-Payment of Rent: 3 days. § 24.005
– Non-Compliance: 3 days. § 24.005
– Termination [Month-to-Month Lease]: 1 month. § 91.001
– Eviction Lawsuit: Forcible entry and detainer. § 24.001 – 24.011
Court Forms to Consider
In Texas, the paperwork required to evict a tenant will differ from county to county. The landlord will need to contact the Justice of the Peace Court in the precinct where the property is located in order to obtain the requisite documents. The documents listed below should be used as examples only.
– Petition for Eviction from Residential Premises – When requesting a court order for the eviction of a tenant that is filed by landlords. This form might also be addressed as a “Complaint about Eviction” or “Petition: Eviction Case.”
– Case Information Sheet – Determines the parties in the eviction case and defines the type of lawsuit being filed. Filing of this document must be made when the paperwork of initial eviction is submitted to the court.
– Military Status Affidavit – Used to notify the court of whether or not the tenant is currently serving in the military. Landlords must enclose this affidavit to their eviction petition.
– Request for Writ of Possession [Sample] – If a tenant still continues to occupy a rental after being evicted, the landlord may use this document to request a court order which qualifies law enforcement to remove the tenant from the premises.
– Defendant’s Original Answer – Filled out by the tenant after receiving notification of the eviction action filed against them. The tenant will use this form to state whether or not they consent to or deny the landlord’s allegations.
When is Rent Due?
In the state of Texas, rent is due on the date established in the lease. After receiving a notification of non-payment of rent, the tenant has 3 (three) days to pay what is owed before the landlord can seek eviction in court.
What is the Process of Eviction?
Step # 1
Give the Tenant a Notice
As the first step, the landlord must provide notice to the tenant whom he/she intends to evict. The landlord should have 2 (two) copies of the notice because the court will require a copy. Below you will find types of notices depending on the reason:
1) 3-Day Notice to Quit [Non-Payment of Rent]
2) 3-Day Notice to Quit [Non-Compliance]
3) 30-Day Notice to Quit [Month-to-Month Tenancy]
Step #2
File with the Local Court
The landlord may proceed to the Justice of the Peace Court whose jurisdiction covers the town in which the premises is located to file a Complaint about Eviction [Sample] if the tenant fails to react either by fixing the breach or moving out within the requisite time period. Additionally to the complaint, the landlord will have to file a Military Service Affidavit [Sample] and a Case Information Sheet [Sample]. Before filing, these documents will have to be notarized. Depending on where you file, you should pay a filing fee as well.
Step #3
Tenant Files the Answer
The tenant will have the option to respond to the court through the Original Answer [Sample] after the filing of the complaint. This form will show the tenant’s side of the story and, thereafter, the court will arrange a hearing date. The court will then serve both sides on the date and time of the hearing.
Step #4
Go to the Scheduled Hearing
The tenant has 5 (five) days to appeal if the landlord prevails in court. If the tenant will not appeal and will remain on the premises, a landlord can file a Request for Writ of Possession [Sample] with the court which, if given, qualifies the sheriff to remove the tenant.
Below you can download for free the following forms of notice to quit: