Did you know that, According to Eviction Lab, Houston has seen 40% more evictions than the national average in 2024? When a locality's average tenant turnover rate spikes that high, all landlords in the area must learn about:
- Their rights to evict
- Proper eviction procedure
Understanding when and how to initiate evictions properly can give you peace of mind. It may also help make you more selective when screening tenants. Learn more about the tenant eviction process in Houston, TX, by reading the rest of our brief guide.
Proper Cause for Houston, TX, Evictions
Most evictions can only happen once the tenants have given their landlord proper cause to initiate them. This can be for any material breach of the lease contract on the part of the tenant. However, most of the time, it comes down to one of the following lease violations:
- Non-payment of rent
- Serious property damage
- A tenant conducting illegal activity
It is also sometimes possible to evict a tenant who hasn't breached the lease. The most common form is when a landlord terminates an at-will or month-to-month lease, but evictions can also occur if a bank or creditor forecloses on the property.
In these cases, the landlord needs to give the tenant one payment period's notice. For example, if the tenant pays their rent monthly, the landlord needs to provide one month's notice to vacate.
Eviction Lawsuits for Evictions With a Cause
You must follow the correct eviction notice guidelines to succeed in evicting a tenant in Houston. Failure to follow the proper eviction process steps can be legally damaging for the landlord.
First, you must provide a written notice to vacate, typically giving the tenant three days to resolve the issue or move out. However, you sometimes also have to provide the tenant an option to comply with their responsibilities if that's the cause of the breach.
If the tenant fails to comply, you file an eviction lawsuit (or a forcible detainer lawsuit) with the court. To file this type of complaint, approach the justice Court for the county with all the required information and enough money to pay the requisite fee.
Once you've paid, the court will schedule a hearing. If the court rules in favor of the landlord, they issue an order giving the tenant a few days to vacate. Thereafter, the sheriff comes to the property and removes the tenant.
Other Options
The eviction rules for landlords state that landlords aren't allowed to take these matters into their own hands. However, working through the court system or evicting someone in trouble may not always feel like the right thing to do. That's why exploring your rights to screen tenants (which can prevent evictions) and landlord rescue is also good.
Protecting Your Property
Evictions can seem harsh, but they're necessary for landlords who want to protect their investment from bad tenants. However, you must go through the proper steps and channels when exercising your landlord's eviction rights. This prevents landlords from abusing this powerful mechanism.
At PMI Bear Creek, we have the critical skills needed to effectively manage an eviction process. We can also help prevent evictions with our technology-driven tenant screening process and lease enforcement. Contact us today and let us help protect your investment property's value.
