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Texas Eviction Notice basics

A Texas Eviction Notice is the first step towards legally evicting a tenant. A 3-Day Notice to Quit will be used in for-cause eviction situations and a 30-Day Termination Notice will be used in no-cause evictions. Both notices let your renters know that you are electing to end the tenancy.

How long does it take to evict a tenant in Texas?

On average, depending on how the tenant responds and on other court-dependent factors, an eviction case will take about 4-6 weeks after the lawsuit is filed.

How do you respond to an Eviction Notice in Texas?

When receiving an Eviction Notice in Texas, the tenant has the right to respond in the following ways:

  1. File an answer with the judicial court
  2. Move out of the premises within the time period specified by the notice
  3. Pay any delinquent rent owed or fix the violation within the time period specified by the notice

There are a variety of reasons why a tenant would choose to fight an eviction. A few tenant defenses can involve the landlord improperly following eviction procedures, unlawful discrimination, or a landlord's failure to maintain habitable premises.

Can I kick someone out of my house without notice in Texas?

No, a landlord must provide written notice before evicting a tenant, as required by state law. If a landlord does not follow the legal process, they may lose their case or even be liable for damages.

What happens after an Eviction Notice is served?

Assuming that the landlord properly followed the process for evicting a tenant, the tenant can pay any delinquent rent, fix the violation, or move out of the premises within the time period specified by the notice. If the tenant does not pay any delinquent rent or fix the violation and decides not to move out after the notice is served, then a landlord can file an eviction lawsuit, which can also be called a forcible entry and detainer suit. If you decide to pursue an eviction, it is best to work with a lawyer.

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