[TX] [TX] Can I evict a tenant for lease violations and nonpayment?
Can I evict someone for lease violation and give them a 3-day notice?
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In Texas, landlords can evict for lease violations such as nonpayment and illegal acts (Texas Property Code § 24.002). You must give a written notice to vacate—usually 3 days—unless the lease states otherwise. If the tenant doesn’t leave, you file an eviction suit in Justice of the Peace Court (Texas Property Code § 24.0051–24.0054). The court sets a hearing, you present evidence, and if you win, the tenant must vacate.
Here are your next steps:
- Make sure your notice is written and states the violations.
- If he doesn’t leave after the notice period, file an eviction suit with the JP Court.
- Gather your evidence (lease, late payments, theft documentation, notices).
- Attend the hearing.
- If you win and he still won’t leave, request a writ of possession.
- Consider a local attorney if he contests the eviction.
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Can I evict someone for lease violation and give them a 3-day notice?
What specific lease violation are you referring to?
Allowing strangers in the house for showers, food, and to do laundry at landlord’s expense, and not paying rent on time.
Have you already provided any prior notices or warnings?
Verbally.
Anything else the lawyer should know?
He stole personal property from another tenant—my sister.
Hey there! I’m Craig, an attorney. Have you taken any formal steps to address these violations?
Eviction notice was served today. He is claiming I have to take him to court.
Whcih state are you in?
Texas.
Was your notice in writing, and what reasons did it list?
Violation of month-to-month lease for late payment and theft of property.
In Texas, landlords can evict for lease violations such as nonpayment and illegal acts (Texas Property Code § 24.002). You must give a written notice to vacate—usually 3 days—unless the lease states otherwise. If the tenant doesn’t leave, you file an eviction suit in Justice of the Peace Court (Texas Property Code § 24.0051–24.0054). The court sets a hearing, you present evidence, and if you win, the tenant must vacate.
Here are your next steps:
- Make sure your notice is written and states the violations.
- If he doesn’t leave after the notice period, file an eviction suit with the JP Court.
- Gather your evidence (lease, late payments, theft documentation, notices).
- Attend the hearing.
- If you win and he still won’t leave, request a writ of possession.
- Consider a local attorney if he contests the eviction.
Craig
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