An eviction is a lawsuit filed by a landlord to remove persons and their belongings from the landlord's property. Generally, there are seven steps to the eviction action:

Notice to vacate — Under Texas law, the landlord is required to give you written notice to vacate at least three days before filing an eviction action. Your lease may shorten or lengthen the amount of notice the landlord is required to provide. Even if you "cure" the reason your landlord gives for evicting you, for example, paying any back rent you may owe, your landlord can still evict you.
Negotiations with landlord — Once an eviction suit is filed, it is public and may be accessed by other landlords to screen potential tenants. Because of this, it is best to negotiate with your landlord as much as possible after receiving your notice to vacate. You may be able to stop the eviction by agreeing to pay money you owe, getting rid of unauthorized pets, or discontinuing other behavior (such as loud noise) prohibited by the lease. Be sure to get any agreement with your landlord in writing.
Landlord files written complaint with a court — If you have not moved out or negotiated an extension before the deadline stated in the notice to vacate, your landlord may file a written complaint (called a forcible entry and detainer or "FED" lawsuit) with a Justice of the Peace. The complaint will state the reasons why the landlord ended your right to live in the apartment. The landlord may ask for back rent, court costs, and attorneys' fees, but they cannot ask for other damages (like late fees).
Court-issued eviction papers — After your landlord files the eviction suit, the court will serve you with an official notice and a copy of court papers informing you of the date and time that you must appear in court or file an answer (or response) to the lawsuit. If you do not show up for a scheduled hearing, the court can enter a default judgment against you that results in your eviction and awards damages to your landlord. The papers should notify you that you may call the State Bar of Texas at 1-877-9TEXBAR (1-877-983-9227) for help finding an attorney. A constable or sheriff will attempt to serve these papers on you in person twice; after that, they will post the papers in a visible location outside your rented property and mail you a copy. Avoiding service does not delay the process. In some areas of Texas, the Justice of the Peace will set a trial for the eviction case, usually within 6-10 days. In other areas, you first must answer the complaint, at which time you will be notified of the trial date. You should carefully read all the court papers you receive. It is particularly important to see whether the landlord has filed a bond for immediate possession. If the landlord does this, the court papers will explain that the landlord may take possession of the premises in six days unless you ask for a trial within that six-day period. Requesting a trial does not cost anything. If you and your landlord work out a solution, make sure your landlord calls the court to dismiss the case. If your landlord does not dismiss the case, you should go to court to make sure the case is dismissed.
Answer in eviction case — Carefully read the court papers you receive to see whether you must file an answer and what the deadline is for filing your answer.
Trial — You must appear on the date set for trial to present your evidence. The trial is usually held 6-10 days after you receive your court papers or a few days after you submit your answer to the court. Trial postponements are very rare unless you and the landlord both agree to postpone. You and the landlord will have an opportunity to present your side of the case, including evidence. If you would like your case to be decided by a jury, instead of a judge, you must pay a fee and request a jury trial within five days of receiving your eviction papers.
Judgment — If the judge or jury finds that you should be evicted, the judge will issue a judgment against you. You have five days to appeal the judgment. If you do not appeal, the landlord can request a "writ of possession" that allows a constable or sheriff to physically evict you.

For more information on eviction, including forms used in eviction proceedings, as well as information regarding appeals, visit the Texas Tenant or review the Tenants' Rights Handbook prepared by the Texas Young Lawyers Association and State Bar of Texas. This Handbook is merely a guide and cannot practically provide a complete source of information for every situation. To ensure complete compliance with the law, you should contact a lawyer as soon as you are served with a Notice to Vacate or a Complaint. Review the section in this Chapter for assistance in finding a lawyer to help with your eviction process.

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Texas

Chapter: Housing and Contracts

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