Evicting tenants is something landlords typically try to avoid, but depending on the circumstances, it might be the best course of action for you as the property owner. Reasons for potential eviction can vary, ranging from rental developments to tenant misbehavior. The question is, what are the legal reasons you can evict a tenant?
A. Non-Payment
Failure to Pay Rent
Without payments, your rental income will suffer, so it's only fair not to tolerate this kind of behavior from tenants. Timely rent payments are part of the lease agreement they signed, which is a legally-binding contract. You first need to provide written notice to give the tenant a chance to settle the balance, and if they do not, you may begin the eviction process.
Consistent Late Payments
Even if the tenant does eventually pay, including late fees, continuous late payments can disrupt your cash flow, even if you have several rental units to source income from. For a more lenient approach, you can first issue a warning, stating that late payments will no longer be tolerated. Texas Property Code § 92.019 states that the late fee must not be more than 12% of the rent amount.
B. Lease Violation
Illegal Activities
Landlords can get pulled into a legal mess when tenants conduct illegal activities within the premises. It's important to act as quickly as you can and evict the tenant for criminal conduct or violent crimes. Even when suspected, you should meticulously document the criminal activities if you can, as it will help you during eviction proceedings.
Unauthorized Pets
You can opt for eviction when your tenant violates your no-pets or limited pets policy. Your policies are there for a reason, and your existing tenants rented your property, thinking that there are restrictive rules on pets. This can lead to allergies or distress for renters who are afraid of dogs or other pets.
Unpermitted Subletting
Your lease agreement should indicate that a tenant must first ask for the landlord's consent before they sublet the rental unit or bring in more occupants. Since you weren't the one who screened the additional tenant, you can't know if they will follow your lease rules or take care of your property.
Lack of Accessibility for Repairs
Landlords have the right to enter the rental property to conduct repairs, as long as they provide notice at least 24 hours before. If a tenant refuses to allow access within the indicated period, it is a violation of lease terms and can be cause for eviction.
C. Property Damage
Excessive or Intentional Property Damage
For damages beyond normal wear and tear, you can first deduct the costs for repair from the tenant's security deposit and provide an itemized list for the deductions should they end their lease. If there are no funds to cover the damages and they refuse to pay for it, it can be a valid reason to file an eviction lawsuit. This is why it's important to collect at least one month's rent for a security deposit amount.
Neglect Leading to Damage
Tenants also share the responsibility of maintaining the rental property. While you're advised to conduct routine inspections and address maintenance requests, you need to maintain cleanliness and hygiene. Failure to do so can lead to pests, mold, property deterioration, or harm to other tenants.
D. Community and Safety
Threats or Harm to Other Tenants
If one tenant threatens the safety and well-being of others, it's your responsibility to remove them from the premises. This can include violent behavior, threats, or activities that might impact the safety of your residents.
Excessive Noise
You can also file an eviction suit if the tenant is disrupting the peace of the rental property, especially if you have already provided proper notice to correct the error, along with clear communication informing them of the situation.
What You Can't Do
- You cannot evict a tenant based on race, color, religion, sex, national origin, family status, or disability. This violates the Fair Housing Act and can lead to bigger legal messes.
- Self-help evictions, such as changing locks or delaying necessary repairs, are against landlord-tenant laws. You are bound to the lease agreement just as much as they are, so you must follow the eviction process by law.
- Don't assume that all cities have the same eviction process. Check the local laws in your area to ensure a smooth eviction process, or consult experts like lawyers or property managers who are familiar with Texas law.
The Eviction Process
- Providing proper notice. You can issue a proper notice based on the reason behind the eviction, such as Notice to Vacate, Notice to Comply or Quit, or an Unconditional Quit Notice. These must be delivered in person, by certified mail, or posted on the main entry door.
- Filing the lawsuit. You can now file the eviction suit in the Justice Court in the precinct where your property is located. Prepare by gathering the required documents and court costs.
- Serving the tenant. The citation will notify the tenant facing eviction about the scheduled eviction hearing.
- Attending the hearing. The hearing can be scheduled 10 to 21 days after the petition is filed. Both parties can present evidence regarding the tenancy.
Evicting Tenants FAQs
What if the landlord prevails but the tenant refuses to leave?
- The landlord can request a Writ of Possession, which allows law enforcement to remove the tenant from the rental property.
Can I legally evict a tenant without an eviction order?
- Yes. You can choose not to renew their lease, although you have to send a non-renewal notice or a written notice to vacate. The notice period can depend on the lease type. For month-to-month leases, for instance, a 30-day notice is required.
How long do evictions take?
- That depends on the local laws, court orders, and notice periods. Legal actions like evictions typically take a few weeks to a few months before they are finalized, which is why landlords resort to alternative options, like cash for keys.
What are the most common reasons for evictions?
- Some of the common reasons for eviction include nonpayment of rent, property damage, and lease violations, like unauthorized pets and subletting.
Avoid the Stress of Evictions
A landlord may try to avoid eviction, but when it does happen, it can be one of the most stressful aspects of property management. You'll have to know your and your tenant's legal rights, and do everything by the book.
There's no need to handle it on your own. With Precision Realty, we will proceed with the eviction process while abiding by the necessary laws. Leave everything to us, and you can focus on more important matters.
Be a stress-free landlord, and contact us today!
