How to Evict a Tenant in Texas Without a Lease
- 1). Review the facts. Just because you want someone out doesn't mean you have the right to put him out. If you're evicting because your tenant complained about unsatisfactory living conditions or because of racial or religious conflicts, for example, that's retaliation, which is illegal under Texas law. If no evidence exists that could incriminate you in acting on these motives, though, you can proceed.
- 2). Prepare written notice. If your tenant is in violation of your rental agreement, such as by failing to pay rent, you must give your tenant a three-day notice to vacate. If the tenant hasn't violated any part of the agreement, and he is renting month to month, you must give him at least a month's notice.
- 3). Deliver written notice. In order for the notice to be valid you must submit it legally. Either personally deliver the notice to anyone above age 16 living on the rented property; mail it via certified, registered or regular snail mail; put it inside the property's front entrance door; or post it outside the front entrance door, but only if there's no mailbox and obstacles prevent you from entering.
- 4). Sue the tenant. If your tenant doesn't leave by the given date, file a suit with the justice of the peace that has jurisdiction over your rented property's location. Include any claims for monetary damages such as unpaid rent or destruction of property in the filing. Expect a lawsuit hearing within 10 days.
- 5). Take precautions. According to the book, "The Landlord's Legal Guide to Texas," if you accept past-due rent while awaiting the hearing, and you were suing partly because of past-due rent, you might waive your right to evict in that instance. Check with your local justice of the peace for the policy specific to your area.
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