Can I Evict With an Expired Lease in Texas?
When you sign a written lease with a tenant, you include a start and end date for the tenancy. In most cases, the tenant will either renew the lease or move out at the end of the lease term. In some cases, a tenant will not renew the lease or move out at the end of the term. When a tenant does not move out, you can start the eviction process, but you must follow the legal steps.
Holdover Basics
If your written lease does not include an automatic renewal clause, you and the tenant must agree to renew the lease in writing. Otherwise, the tenant must move out by the last day of the lease term, typically the last day of the month. If the tenant does not move out willingly, he is known as a holdover tenant. A holdover tenant is in default of the lease agreement, and you can evict the tenant.
Required Notices
Texas landlord and tenant laws require that you give the tenant proper notice before you file an eviction against her. You must give the tenant at least three days' written notice. However, if your lease agreement states a shorter time, you should follow the eviction clause listed in your lease. The notice must state that you plan to evict the tenant.
Eviction Process
After the notice period ends, you can file for an eviction. The eviction process works the same for holdover tenants as for any lease violation. First, you must file a Petition for Eviction in a local court. The court will set a hearing date and serve a citation to the tenant. At the hearing, a judge will listen to information presented for each side and make a final ruling. If the judge decides in your favor, the tenant has five days to vacate the property.
Warnings
Do not attempt to evict the tenant yourself outside the court system. If you attempt to perform an illegal eviction, the tenant may have the right to sue you for damages in a civil court. Examples of an illegal eviction include changing the locks on the property, shutting off the utilities or water to the tenant's rental unit or removing the tenant's personal belongings.
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