If a tenant refuses to pay rent and won't leave your property in Texas, you have several legal options available to you:
- Issue a Notice to Quit: The first step you can take is to issue a Notice to Quit. Under Texas law, before you can file an eviction lawsuit, you must first serve the tenant with a Notice to Quit. The notice must specify that the tenant has three days to pay the rent or vacate the property. If the tenant fails to pay or leave, you can proceed with the eviction process.
- File an Eviction Lawsuit: If the tenant does not pay rent or vacate the property within three days of receiving the Notice to Quit, you can file an eviction lawsuit in a Texas justice court. The court will schedule a hearing, and if the judge orders an eviction, the tenant will be given a notice to move out of the property within a certain timeframe.
- Seek a Writ of Possession: If the tenant still refuses to leave the property, you can request a Writ of Possession from the court. This writ allows a sheriff or constable to physically remove the tenant and their belongings from the property.
It's important to note that Texas law is very specific when it comes to evicting a tenant, and there are certain limitations and exceptions. For example, tenants cannot be evicted without notice, and landlords cannot use self-help or physical force to evict a tenant, nor can they shut off utilities to force a tenant out. Failure to follow the proper legal procedures can result in financial penalties, and in some cases, criminal charges.
If you are facing difficulty evicting a tenant, it's always advisable to consult with an experienced Texas landlord-tenant attorney who can guide you through the legal process and help you protect your rights as a property owner.
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