The Texas month to month lease termination letter, pursuant to Section 91.001, is the notice that must be served to a tenant (on a month-to-month) lease in order for the landlord to be able to terminate the lease agreement. Although no reason is needed for the termination, the landlord cannot terminate the agreement in discrimination (or retaliation) of the tenant. The notice provides the tenant with 30 days to vacate the rental unit. If the tenant does not move out within the 30 day period, the landlord can then sue them for possession of the property (by filing an eviction suit
Texas Eviction Process & Laws | Free TX Eviction Notices
The Texas three (3) day notice to cure or quit, in connection with Article 24.005, is used when a tenant has committed some type of lease violation (or has otherwise not complied with the lease agreement). The notice allows the tenant three (3) days to either cure (fix) the violation(s), or vacate the rental unit. If the tenant does not comply with the notice (fails to remedy the violations or does not move out), the landlord can then file an eviction action in the local Justice of the Peace Court. Download/Print Link: .PDF How to Write Step 1 – Enter
The Texas three (3) day notice to pay or quit, as stated in Sec. 24.005, must be served on a tenant who has failed to pay rent. The tenant is given three (3) days to either pay the past due amount, or move out of the rental property. Failure of the tenant to take action (pay the back rent, or move out) allows the landlord to legally file an eviction lawsuit in court. If the tenant does pay the past due amount (or moves out) within the three day notice period, the landlord cannot file an eviction action against them. Download
How to Evict a Tenant (Process)
In the State of Texas, an eviction can only occur via court order (“self-help” evictions are criminal). The most common reasons for eviction are nonpayment of rent, breach of the lease agreement (committing a violation), or failing to move out after the lease term has ended (“holding over”). Eviction lawsuits (referred to as “Forcible Entry and Detainer” or “Forcible Detainer” lawsuits) are filed in the Justice Court (or Justice of the Peace Court/J.P. Court) of the county where the rental property is located.
Step 1 – The landlord is required to serve the tenant en eviction notice. There are three main types of notices that can be served; the three (3) day notice to pay/quit, the three (3) day notice to cure, and the month-to-month termination letter/notice. The three (3) day notice to pay allows the tenant three days to either pay the past due rent, or vacate the rental unit. The three day notice to cure gives the tenant three days to “cure” (i.e. fix) the lease violation(s) that they have committed. If the tenant fails to pay the past due amount (or cure the violations) within the three day period, the landlord can then file an eviction action in court.
Step 2 – After the suit has been filed, a Sheriff or constable will try to personally serve the court papers (Citation/Petition) to the tenant. If they cannot serve them personally (after two attempts), they will post the papers on the premises of the rental unit (usually the front door). The Citation will inform the tenant of the hearing date/time. The tenant must file a written answer with the court (unless stated otherwise in the papers). If the tenant does not file an answer or show up to court as ordered in the Citation, they will lose the lawsuit by default.
Step 3 – Both the landlord and the tenant must show up in court on the date of the hearing. Both parties will be able to present their side of the story to the Judge. It’s important to bring all relevant evidence and documentation to the hearing (this includes a copy of the lease agreement, payment history, violation history, etc.). If the landlord wins, the Judge will order the tenant to move out of the rental unit within five (5) days. If the tenant wins, the case will be dismissed.
Note: Either party can appeal the judgement within five (5) days of the hearing.
Step 4 – If the tenant does not move out within the five (5) day period, the landlord must request a “Writ of Possession.” The Writ will order the Sheriff (or constable) to oversee the eviction of the tenant. The Sheriff/constable will first post a 24 hour notice on the door of the tenant, and then come back to evict the tenant after the 24 hour period has lapsed.
Note: If it is raining/snowing/sleeting during the actual eviction, the law requires that it be delayed until the adverse weather stops.