While Texas tenants don’t have adequate rights under the current eviction process, tenants facing eviction should be aware and use the process that currently exists. Here is what tenants should know…
The Texas eviction process is five steps, landlords are blatantly violating the eviction process and getting by with it.
Step 1: Written Notice to Vacate. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing. The federal CARES Act requires a 30 day notice in certain evictions where the property participates in certain federal programs or the property owner has a federally-backed mortgage.
Step 2: Filing of Eviction Suit. The eviction hearing cannot take place for at least 10 days after the petition is filed.
Step 3: Judgment. Once a judgment has been issued, no further action can take place for 5 days. This time gives the parties the opportunity to appeal.
Step 4 (optional): Appeal. If the tenant files an appeal, the hearing cannot take place for at least 8 days.
Step 5: Writ of Possession. Once there is a final judgment, the landlord can ask the judge for a writ of possession. The constable must post a 24 hour notice before "executing the writ" and removing the tenant's property from the rental.