Steps to Take if You're Being Wrongfully Evicted in Texas

Texas law tends to favor landlords over tenants. Notably, unless a lease provides otherwise, a Texas landlord may evict a tenant who is just one day late paying the rent. However, there are still certain procedures a landlord must follow in the eviction process and tenant rights they must respect.

Eviction Can’t Be Based on Discrimination

There are circumstances where an eviction is simply illegal as a matter of law. A landlord cannot evict a tenant based on race, sex, national origin, disability, or family status.

Nor can a landlord use wrongful eviction to retaliate against a tenant who files maintenance requests or complaints about the condition of the property. If you are the victim of such discrimination or retaliation, you should speak with a qualified attorney for legal advice right away. 

Eviction Notice Requirements

Even if you have fallen behind on the rent, the landlord cannot change the locks and put your stuff out on the street without first obtaining a court order. Such eviction lawsuits are typically referred to as “forcible entry and detainer” or “forcible detainer” actions. 

As with any civil lawsuit, the burden is on the plaintiff—in this case the landlord—to prove the tenant failed to pay the rent or otherwise violated the terms of the rental agreement. Even before filing a forcible detainer suit, the landlord must first provide the tenant with a written notice to vacate. It gives the tenant three days notice to either vacate the premises or challenge the eviction in court.

“But that’s actually one of the ways you can challenge an eviction in Texas,” says Rachel E. Khirallah, an attorney with Khirallah Boston PLLC in Dallas. “There are very strict requirements for proper notices to vacate, and it must fully comply.”

If you have received a notice to vacate, the first thing you should do is talk to the landlord. The notice may have been issued in error. And if there is some deficiency on your part, it may be possible to remedy the situation without eviction proceedings. If you do reach an agreement, it is a good idea to get it in writing, so the landlord cannot later back out of the deal.

“In the State of Texas, If the tenant does not move out in three days, then technically on day four the landlord can file an eviction suit with the court,” Khirallah adds. “But depending on how contentious the situation is with the landlord and tenant, sometimes a month will pass, sometimes six months, and other times four days. It just depends on the situation.”

Getting Your Day in Court

Pursuant to Texas state law, all eviction cases start in a JP or justice of the peace court. If you lose there, you have five days to appeal. “If they appeal to the county court, it can buy you an additional month,” Khirallah says. “And then, if it’s your principal residence, you can appeal to the court of appeals and on up to the Texas Supreme Court, which buys several more months.” Suffice it to say you have legal recourse to prevent being thrown out on short notice.

“It’s always best to reach out to an attorney well in advance because of the timing,” she adds. “Typically, when a lawsuit is filed, a trial and court date are assigned within 10 or 15 days, so it’s very fast.”

If and when that lawsuit comes, Khirallah suggests you read it carefully because, once again, there are requirements for the landlord. Primarily, the suit must make clear what the tenant did to breach their lease. “Nine times out of 10, it’s for non-payment of rent, but it could be for other reasons, and that must be outlined in the lawsuit as well as the notice to vacate.” Whenever payment issues arise, Khirallah says a detailed ledger or other evidence of tracked rent payments can be a real boon to your defense.

When you go to court, you have a few options to fight eviction: “If it’s for non-payment of rent, you can pay rent; that’s the biggest defense. If the notice to vacate doesn’t comply, that’s another way to challenge. A third way is if you have a verbal agreement with the landlord. Sometimes judges will entertain those. Or, for example, if you routinely paid late every month and the landlord accepted it, then out of the blue says, ‘I’m not accepting this anymore; I’m evicting you,’ that’s another way to fight it. Unless they explicitly put that in writing as a warning. Any conduct inconsistent with the lease agreement that the landlord accepts can be construed as a waiver or modification of the terms of lease. It can be worth challenging that. We’ve succeeded on claims for that very reason,” Khirallah says.

“It gets you out of the eviction, and then I would urge them to start paying their rent on time. You’re starting fresh.”

Getting Help to Defend Your Legal Rights

Visit the Super Lawyers directory to find an experienced landlord-tenant lawyer in your area. For more information, see our landlord and tenant law overview.