The Texas Tenant Eviction Laws if There Is No Lease Contract
In Texas, tenants who do not sign written leases with their landlords are known as tenants at sufferance or tenants at will. Landlords can evict their tenants at will by providing them with written notice of their terminations at least 30 days before filing a motion to evict or unlawful detainer motion. After conducting a hearing, Texas courts can order tenants to move by issuing a writ of possession.
Overview
Texas landlords can enter into oral or written lease agreements with their tenants. A tenant without a lease agreement is a tenant at will or a tenant at sufferance. A tenant with a written lease agreement is a periodic tenant. Landlords can evict their tenants at will by giving them at least 30 days of eviction notice in writing. Landlords can evict their periodic tenants only for specific reasons, as provided in their leases and with at least 60 days of written eviction notice.
Types of Evictions
The Texas Property Code allows landlords to evict their tenants without cause if they are at will tenants. Similarly, tenants can terminate their at will tenancies without cause if they provide their landlords with at least 30 days' written notice. To evict their periodic tenants, landlords must have valid reasons for evicting them. Generally, the Texas Property Code allows landlords to evict their periodic tenants only when they fail to pay their rent, fail to pay their utility bills if required by their leases or breach other terms of their leases.
Evictions for Violating Rules
Texas law allows landlords to evict their tenants who disturb other tenants' rights to peaceful and quiet enjoyment. Landlords have duties to enforce their rules, and landlords can evict tenants who disturb other tenants by playing loud music, violating their parking policies or for conducting illegal activities on their premises. Furthermore, tenants are responsible for their invited guests, and if their guests damage their landlords' property or disturb other tenants, landlords can hold their tenants responsible for their guests' inappropriate conduct and disruptive behavior.
Eviction for Failing to Pay Rent When Due
In addition to evicting tenants for violating their leases by disrupting other tenants or damaging property, landlords can evict their tenants for failing to pay rent when due. To evict their tenants for failing to pay rent, landlords must first give them a written eviction notice at least three days before seeking legal or judicial evictions. Texas law does not require landlords to allow their tenants to remain in their homes after they pay rent, and landlords can refuse delinquent or partial rent payments. After three days, landlords can file an unlawful detainer motion against their tenants in court and request an eviction hearing.
Consequences
If landlords win their eviction suits, courts can order a writ of possession six days after landlords win their hearings. After obtaining a writ of possession, a landlord can seek a judicial eviction against a tenant who refuses to move out voluntarily. The judicial eviction allows a landlord to seek assistance from a constable or sheriff in removing his tenant from his home to reclaim his property.
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