Q:

What is the eviction process for apartment tenants in Texas?

A:

Quick Answer

The eviction process in the state of Texas begins with a written notice from the landlord, delivered in person or by mail, to the tenant, according to Harris County Justice of the Peace Courts. The tenant is given three days notice to vacate unless the lease agreement states otherwise.

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Full Answer

If after three days the tenant does not willfully agree to vacate the premises, the landlord must file a forcible detainer suit to evict, explains Harris County Justice of the Peace Courts. The landlord must deliver an eviction notice to the tenant by registered or certified mail, stating that the tenant has 11 days to vacate. The demand must be sent at least 10 days prior to the landlord filing an eviction suit, and must clearly state the landlord's intent to recover any associated attorney fees.

The landlord must file the eviction petition in the precinct in which the premises are located, as well as pay any associated filing fees, according to Harris County Justice of the Peace Courts. A sheriff or constable delivers the citation notifying the tenant to appear in court on a specified date. If the landlord prevails in court, he takes possession of the premises and any applicable back rent as deemed by the court.

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