How Long Does the Eviction Process Take in Texas?
Full Question:
Answer:
Texas statutes require a certain amount of notice to be given before terminating a tenancy if the lease doesn't state that no notice is required or a different time period applies. After the tenancy is terminated, if the tenant still remains, an eviction process may be necessary to remove the tenant. The timeframe for this process varies by individual judge and court, depending on the caseload. I suggest calling the local clerk of courts to inquire about applicable timeframes.
Please see the following TX statutes:
Sec.91.001 NOTICE FOR TERMINATING CERTAIN TENANCIES.
(a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) one month after the day on which the notice is given.
(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(d) If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.
(e) Subsections (a), (b), (c), and (d) do not apply if:
(1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or
(2) there is a breach of contract recognized by law.
Acts 1983, 68th Leg., p. 3625, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by Acts 1985, 69th Leg., ch. 200, Sec. 3, eff. Aug. 26, 1985.
§ 24.005 PROP. Notice to Vacate Prior to Filing Eviction Suit
(a) If the occupant is a tenant under a written lease or oral rental
agreement, the landlord must give a tenant who defaults or holds over
beyond the end of the rental term or renewal period at least three days'
written notice to vacate the premises before the landlord files a
forcible detainer suit, unless the parties have contracted for a shorter
or longer notice period in a written lease or agreement. A landlord who
files a forcible detainer suit on grounds that the tenant is holding over
beyond the end of the rental term or renewal period must also comply with
the tenancy termination requirements of Section 91.001
(b) If the occupant is a tenant at will or by sufferance, the landlord
must give the tenant at least three days' written notice to vacate before
the landlord files a forcible detainer suit unless the parties have
contracted for a shorter or longer notice period in a written lease or
agreement. If a building is purchased at a tax foreclosure sale or a
trustee's foreclosure sale under a lien superior to the tenant's lease
and the tenant timely pays rent and is not otherwise in default under the
tenant's lease after foreclosure, the purchaser must give a residential
tenant of the building at least 30 days' written notice to vacate if the
purchaser chooses not to continue the lease. The tenant is considered to
timely pay the rent under this subsection if, during the month of the
foreclosure sale, the tenant pays the rent for that month to the landlord
before receiving any notice that a foreclosure sale is scheduled during
the month or pays the rent for that month to the foreclosing lienholder
or the purchaser at foreclosure not later than the fifth day after the
date of receipt of a written notice of the name and address of the
purchaser that requests payment. Before a foreclosure sale, a foreclosing
lienholder may give written notice to a tenant stating that a foreclosure
notice has been given to the landlord or owner of the property and
specifying the date of the foreclosure.
(c) If the occupant is a tenant of a person who acquired possession by
forcible entry, the landlord must give the person at least three days'
written notice to vacate before the landlord files a forcible detainer
suit.
(d) In all situations in which the entry by the occupant was a forcible
entry under Section 24.001, the person entitled to possession must
give the occupant oral or written notice to vacate before the landlord
files a forcible entry and detainer suit. The notice to vacate under this
subsection may be to vacate immediately or by a specified deadline.
(e) If the lease or applicable law requires the landlord to give a
tenant an opportunity to respond to a notice of proposed eviction, a
notice to vacate may not be given until the period provided for the
tenant to respond to the eviction notice has expired.
(f) The notice to vacate shall be given in person or by mail at the
premises in question. Notice in person may be by personal delivery to the
tenant or any person residing at the premises who is 16 years of age or
older or personal delivery to the premises and affixing the notice to the
inside of the main entry door. Notice by mail may be by regular mail, by
registered mail, or by certified mail, return receipt requested, to the
premises in question. If the dwelling has no mailbox and has a keyless
bolting device, alarm system, or dangerous animal that prevents the
landlord from entering the premises to leave the notice to vacate on the
inside of the main entry door, the landlord may securely affix the notice
on the outside of the main entry door.
(g) The notice period is calculated from the day on which the notice is
delivered.
(h) A notice to vacate shall be considered a demand for possession for
purposes of Subsection (b) of Section 24.002
(i) If before the notice to vacate is given as required by this
section the landlord has given a written notice or reminder to the tenant that
rent is due and unpaid, the landlord may include in the notice to vacate
required by this section a demand that the tenant pay the delinquent rent
or vacate the premises by the date and time stated in the notice.
