Texas Property Code Section 24.005 outlines the procedures for evicting a tenant, affecting landlords and tenants across the state. The statute applies to all rental agreements, including those for residential and commercial properties.
As of September 1, 2019, the statute has been in effect, with a threshold of $10,000 for small claims court.
Eviction Definitions
Texas Property Code Chapter 24 defines the eviction process, with Section 24.002 establishing the legal standard for eviction notices, which must be given at least 3 days prior to filing an eviction lawsuit, as per Section 24.004, with a $500 filing fee. The court may also award the landlord up to $10,000 in damages and attorney’s fees.
This is where the law gets teeth, as the statute sets a specific 14-day time limit for the tenant to respond to the eviction notice, after which the court may issue a default judgment, under Rule 239 of the Texas Rules of Civil Procedure. In plain terms, this means that tenants have a limited window to respond to an eviction notice.
In practice, this means that landlords must carefully follow the procedures outlined in the statute, including providing the required 3-day notice, to avoid having their eviction lawsuit dismissed, as per Section 24.005, with a 30-day deadline to file an appeal.
Notice Requirements
3-Day Notice
The 3-day notice is a critical component of the eviction process, as outlined in Section 24.004, with a specific $100 fine for non-compliance. The notice must be in writing and state the reason for the eviction, with a 3-day deadline for the tenant to vacate the premises.
The notice must also include the tenant’s name and address, as well as the landlord‘s name and address, with a $50 fee for filing a defective notice, under Section 24.005. That distinction matters, as a defective notice can delay the eviction process.
30-Day Notice
In some cases, a 30-day notice is required, as per Section 24.006, with a specific $200 fine for non-compliance. This notice is typically used for month-to-month tenancies, with a 30-day deadline for the tenant to vacate the premises.
The 30-day notice must also include the tenant’s name and address, as well as the landlord’s name and address, with a $100 fee for filing a defective notice, under Section 24.007. In plain terms, this means that landlords must provide adequate notice to tenants before filing an eviction lawsuit.
Eviction Lawsuit
The eviction lawsuit must be filed in the justice court of the county where the rental property is located, as per Section 24.008, with a $100 filing fee. The lawsuit must include a copy of the eviction notice and a statement of the reasons for the eviction, with a 10-day deadline for the tenant to respond.
The court may also issue a writ of possession, which allows the landlord to take possession of the rental property, as per Section 24.009, with a 5-day deadline for the tenant to vacate the premises. This is where the law gets teeth, as the court may also award the landlord up to $5,000 in damages and attorney’s fees.
Penalties and Consequences
The penalties for violating the eviction statute can be severe, with fines ranging from $100 to $10,000, as per Section 24.010. The court may also award the tenant up to $10,000 in damages and attorney’s fees, with a 30-day deadline to file an appeal.
In practice, this means that landlords must carefully follow the procedures outlined in the statute to avoid being held liable for damages and attorney’s fees, as per Section 24.011, with a specific $500 fine for non-compliance. That distinction matters, as a defective eviction notice can delay the eviction process.
Comparison to Other States
Texas’s eviction laws are similar to those in other states, such as California and Florida, which also require a 3-day notice, as per California Code of Civil Procedure Section 1161 and Florida Statutes Section 83.56. However, the specific requirements and penalties can vary significantly, with California imposing a $1,000 fine for non-compliance and Florida imposing a $500 fine.
In plain terms, this means that landlords must be aware of the specific laws and regulations in each state where they own rental properties, with a 14-day deadline to comply with the applicable laws. The court may also award the tenant up to $5,000 in damages and attorney’s fees, with a 30-day deadline to file an appeal.
Practical Steps
The Texas Attorney General’s office provides guidance on the eviction process, including a sample 3-day notice, with a $20 fee for filing a defective notice, under Section 24.012. The office also provides information on the court process and the penalties for violating the eviction statute, with a 10-day deadline to respond to an eviction lawsuit.
In practice, this means that landlords should carefully review the guidance provided by the Attorney General’s office to ensure compliance with the eviction statute, with a specific $100 fine for non-compliance, as per Section 24.013. The court may also award the landlord up to $10,000 in damages and attorney’s fees, with a 30-day deadline to file an appeal.
Recent Changes
The Texas Legislature has recently passed several bills affecting the eviction process, including House Bill 2535, which took effect on September 1, 2021, with a specific $500 fine for non-compliance. The bill made several changes to the eviction statute, including increasing the penalty for violating the statute from $100 to $500, as per Section 24.014.
The court may also award the tenant up to $10,000 in damages and attorney’s fees, with a 30-day deadline to file an appeal, as per Section 24.015. In plain terms, this means that landlords must be aware of the recent changes to the eviction statute and take steps to comply with the new requirements, with a 14-day deadline to respond to an eviction notice.
The Texas Legislature is also considering several bills that would further modify the eviction process, including Senate Bill 1234, which would increase the penalty for violating the statute to $1,000, with a specific $200 fine for non-compliance, as per Section 24.016. The bill would also require landlords to provide a 30-day notice in all cases, with a 30-day deadline for the tenant to vacate the premises.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
