Navigating Evictions in Texas

The Law Office of Keith C. Thompson
Evictions can be one of the most challenging aspects of property management, requiring a thorough understanding of legal procedures and best practices. At the Lubbock Apartment Association’s Learn at Lunch session, attorneys Keith C. Thompson and Alexa C. Lunsford provided crucial insights into the eviction process, practical courtroom strategies, and how to protect your rights as a landlord.

PowerPoint files used in the presentation can be downloaded here. (Current Members Only)

Understanding the Legal Framework

Evictions in Texas are governed by multiple legal sources, including:

• Texas Property Code, Chapter 24 – Defines eviction procedures and legal grounds for eviction.
• Texas Rules of Civil Procedure, Rule 510 – Outlines how eviction cases must be filed and handled in court.
• Texas Property Code, Chapter 92 – Covers landlord-tenant obligations but is not a defense in an eviction case.

One of the key takeaways was that eviction cases strictly determine possession and back rent. Judges in eviction court do not have the authority to rule on repair issues or other lease disputes, which must be handled in a separate lawsuit.

Steps to a Successful Eviction

Alexa Lunsford emphasized that landlords only need to prove two essential elements in eviction court:

1. The tenant no longer has the right to occupy the unit.
2. Proper notice was given before filing the eviction case.

Notice to Vacate Requirements

• With a written lease: The notice period must comply with what is stated in the lease. The Texas Apartment Association (TAA) lease allows for a 24-hour notice, which can be beneficial in urgent situations, such as those involving safety concerns.
• Without a written lease: A minimum of three days' notice is required before an eviction filing.
• Delivery of notice: The Texas Property Code allows notice to be: 
  • Hand-delivered to the tenant.
  • Given to a resident over 16 years old at the unit.
  • Affixed to the inside of the unit’s main door.
  • Placed in an envelope labeled “Important Document” and affixed to the outside of the door (if entry is not possible) while also mailing a copy by 5:00 p.m. the same day.

Presenting Your Case in Court
Keith C. Thompson provided valuable courtroom strategies, including:

• Be prepared – Have a clear outline of what you will say, including proof of lease violations, unpaid rent, and any notices given.
• Call the tenant as a witness – If the tenant is present, ask them direct yes/no questions to establish key facts, such as:
  "Did you sign this lease?"
  "Do you agree that you have not paid all rent owed?"
• Stick to the basics – The judge only needs to confirm that the lease was violated and proper notice was given.
• Know your goal – Possession is the priority. While a judgment for back rent is ideal, landlords should focus on regaining control of the unit.

Common Eviction Challenges

1. Tenant claims they did not receive notice
   1. If a tenant disputes notice, point out that they showed up to court, which indicates they were aware of the eviction case.
2. Tenant disputes the amount owed
   1. If they admit to owing any money, that is enough to establish a breach of the lease and justify eviction
3. Tenant offers to pay at the last minute
   • Landlords can accept payment, but should clarify whether other lease violations remain.
   • If the tenant has committed a non-payment-related breach, such as violence or unauthorized occupants, the eviction can proceed even if rent is paid.

Why the TAA Lease is a Landlord’s Best Tool
The speakers strongly recommended using the Texas Apartment Association (TAA) lease, as it:

• Is widely recognized by Texas judges.
• Contains landlord-favorable provisions.
• Provides clear, enforceable guidelines for handling lease violations.
• Allows for a 24-hour notice to vacate in cases of serious breaches.

Final Thoughts: When to Seek Legal Help
While many evictions can be handled independently, certain situations may require legal assistance, including:

• Evictions for reasons other than non-payment of rent.
• Cases where the tenant has legal representation.

Appealing an eviction ruling.
Attendees also discussed common misconceptions about evictions, such as the belief that tenants can withhold rent due to repair issues. The reality is that Texas law requires tenants to pursue these claims separately.

Important Disclaimer
This blog provides a summary of the Learn at Lunch presentation for informational purposes only and does not constitute legal advice. Landlords should consult an attorney before proceeding with any eviction case.

The Lubbock Apartment Association thanks Keith C. Thompson and Alexa C. Lunsford for their time and expertise. Stay tuned for our next Learn at Lunch event on March 13, where they will discuss eviction appeals.

For further questions, please reach out to the LAA office or consult a legal professional.