The Texas eviction notice forms are used in the event that a tenant has breached a lease, either from non-payment of rent or other breach, and the landlord wants to him or her on notice that he or she will be commencing eviction (also known as forcible entry and detainer) proceedings in the local Texas Justice Court. It is important that the landlord provide proper notice and wait the requisite period of time so that the eviction proceedings will not be dismissed. The tenant has the option to respond to the notice to quit by either complying with the violation or moving out. If the tenant does not do either then the landlord may proceed to court to file a Complaint for Eviction. If landlord receives a judgment in his or her favor, then the court will issue a judgment. If tenant still fails to leave, the landlord can ask the court for a Writ of Possession.
Notices By State
3-Day Notice to Quit (Non-Payment of Rent) – This form is to let the tenant know that if he or she does not pay the past due rent, then he or she is subject to eviction.
3-Day Notice to Quit (Non-Compliance) – This form lets the tenant know that he or she has breached the lease and that landlord will seek eviction if the breach has not been rectified within three days.
30-Day Notice to Quit (Month to Month Tenancy) – This form is to let a party to a month-to-month tenancy know that the other party does not intend to renew the tenancy at the end of thirty days.
When is Rent Due
In Texas, rent is due on the date specified in the lease. After receiving a notice of non-payment of rent, tenant has three (3) days to pay what is owed before landlord can seek eviction in court.
How to Evict (Process)
Step 1 – The first step in the eviction process is for landlord to provide notice to tenant of the intention to evict. Te landlord should have two copies of the notice, because the court will need a copy. The following are types of notices depending on the reason:
- 3-Day Notice to Quit (Non-Payment of Rent)
- 3-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month Tenancy)
Step 2 – If the tenant fails to respond either by curing the breach or moving out within the requisite time period, landlord may then proceed to the Texas Justice Court whose jurisdiction covers the town in which the premises is located to file a Complaint for Eviction. In addition to the Complaint, the landlord will have to file a Case Information Sheet and a Military Service Affidavit. These will have to be notarized before filing. There will also be a filing fee, the amount of which depends on where you file.
Step 3 – After the filing of the Complaint the tenant will have the option to reply to the court through the Original Answer. This form will display the tenant’s side of the story and afterwards the court will give a hearing date. The court will then serve both parties of the date and time of the hearing.
Step 4 – If the landlord prevails in court, the tenant has five (5) days to appeal. If the tenant does not appeal and remains on the premises, landlord can file a request a Writ of Possession from the Court which, if granted, authorizes the sheriff to remove the tenant.