Eviction is never ideal, but sometimes it’s a necessary part of protecting your investment. Whether it’s due to nonpayment, lease violations, or a tenant refusing to leave at the end of their lease, it’s important to follow the legal process carefully. Here’s a step-by-step guide to help landlords and property owners understand the eviction process and avoid costly mistakes.
- Confirm Legal Grounds for Eviction
Start by making sure you have a valid reason to pursue eviction. Common grounds include:
- Nonpayment of rent
- Lease violations (like unauthorized occupants, pets, or property damage)
- Holding over after lease expiration
- Illegal activity on the property
Make sure your lease agreement supports your claim, and always consult your local or state landlord-tenant laws.
- Serve a Written Notice
Next, provide the tenant with a written notice to correct the issue or vacate. The type of notice depends on the situation:
- Pay or Quit Notice: Gives the tenant a few days (typically 3–5) to pay overdue rent.
- Cure or Quit Notice: Allows the tenant time to fix a lease violation.
- Unconditional Quit Notice: Requires the tenant to vacate with no opportunity to correct the issue.
📍 In Texas, most eviction notices require a 3-day notice to vacate, unless otherwise stated in the lease.
- File an Eviction Lawsuit
If the tenant doesn’t comply with the notice, the next step is filing a Forcible Detainer Suit in your local Justice of the Peace court.
- Submit all required documentation and pay the filing fee
- A court date will be scheduled, usually within 1–2 weeks
- The tenant will be officially served and required to appear in court
- Attend the Court Hearing
At the hearing, you’ll need to provide:
- A copy of the signed lease
- Copies of all written notices
- Rent payment history
- Photos, emails, or other documentation of lease violations
If the judge rules in your favor, the court will issue a Judgment for Possession.
- Obtain a Writ of Possession
If the tenant still refuses to move out, you can request a Writ of Possession, which allows the constable to remove the tenant from the property.
- The constable will post a 24-hour notice
- If the tenant doesn’t leave voluntarily, the constable will return and oversee the removal
- Take Back Your Property
Once the eviction is complete, you can legally change the locks and begin preparing the property for a new tenant. Be sure to follow any legal requirements regarding the handling of abandoned tenant belongings.
Let Real Property Management Ideal Handle the Hard Part
Evictions can be time-consuming and stressful—but you don’t have to go through the process alone.
At Real Property Management Ideal, we take care of everything: from serving notices and filing paperwork to attending court and coordinating with local authorities. We know Texas landlord-tenant law and are committed to protecting your property while minimizing disruption and liability.
Let us do the heavy lifting so you can focus on what matters most—your investment.
📲 Contact us today to learn more or schedule a free consultation.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
