Evicting a family member in Texas is a process that requires following specific legal procedures. This process can be particularly sensitive given the familial relationships involved, but the law provides a clear path for property owners who need to reclaim possession of their property.
Here’s a general outline of steps to take when considering the eviction of a family member in Texas:
1. Determine the Status of Occupancy
Firstly, it’s essential to determine whether the family member is considered a tenant or simply a guest.
If the family member pays rent, has an agreement to contribute to bills (verbal or written), or has established a long-term presence in the home, they may legally be considered a tenant, even without a formal lease agreement.
In this case, they’d have certain protections under Texas landlord-tenant law.
2. Give Notice
If the family member is a tenant, you must provide them with a written notice to vacate before you can file an eviction lawsuit.
In Texas, the notice period is typically three days unless the written lease specifies a different period. The notice must be delivered in person to the tenant or attached to the inside of the main entry door.
If it’s not possible to deliver the notice in person or if the entrance to the premises is not accessible, you may mail the notice by regular mail, registered mail, or certified mail with a return receipt requested.
3. File an Eviction Suit
If the family member does not leave by the end of the notice period, you can file an eviction suit in the appropriate justice court (also known as JP court or justice of the peace court).
This is typically the court in the precinct where the property is located. You’ll need to provide the court with the necessary documentation and evidence of your notice to vacate.
4. Attend the Court Hearing
Both you and the family member will receive notice of the eviction hearing date. It’s important to attend the hearing and present your case, providing any relevant evidence that supports your claim for eviction.
This can include proof of the notice to vacate, testimony regarding any breach of the terms of tenancy, or other issues that justify the eviction.
5. Obtain a Judgement
If the judge rules in your favor, they will issue a judgment for possession. This means the family member will be legally obligated to leave the property.
6. Writ of Possession
Suppose the family member refuses to vacate after the judgment. In that case, you can request a writ of possession, which is an order that authorizes law enforcement officers to remove the person from the property.
In Texas, the tenant has five days to appeal the eviction or move out before the writ can be enforced.
7. Enforce the Writ of Possession
Once the writ is issued, a law enforcement officer will post a 24-hour notice to vacate on the property.
If the family member still does not leave, the officer will return to enforce the writ and remove the person’s belongings from the property.
Important Considerations
- Self-help evictions, such as changing the locks or shutting off utilities, are illegal in Texas. You must go through the legal process to remove someone from your property.
- The eviction process can be more complicated if the family member claims a right to property ownership. In such cases, you may need to pursue different legal action, such as a suit to quiet title or a partition suit.
- If the family member is facing issues such as mental health concerns or substance abuse, it may be beneficial to seek out social services or professional help to address these issues apart from the legal eviction process.
- Because eviction laws can be complex and vary based on the specifics of your situation, it’s advised to consult with a local attorney who specializes in real estate or landlord-tenant law to guide you through the legal process properly.
Remember, each eviction case is unique, and the legal requirements can change. Always stay updated with the latest Texas laws and consider seeking legal advice to ensure you carry out the eviction process lawfully and fairly.
Read Also: How to Evict a Family Member in New Mexico