In the bustling city of Houston, TX, residential tenancies are governed by stringent regulations. Landlords must navigate a complex legal landscape to ensure the protection of their rights and properties. Evicting a tenant is a serious measure. It is only permissible under specific conditions as outlined in the Texas Property Code. However, we have found 15 common reasons to evict a tenant in Texas, and we’re about to serve it up.
Texas laws ensure that evictions are fair and have justifiable reasons. The law balances the rights of both landlords and tenants. That’s why understanding the legal framework that dictates when a landlord can lawfully evict a tenant is crucial.
So, let’s explore scenarios ranging from non-payment of rent to violations of lease terms and conditions. As a landlord, learn to manage your properties effectively while adhering to the legal requirements set forth by state law.
Top 15 Reasons You May Need to Evict a Tenant in Texas
Navigating the eviction process in Texas can feel like a tightrope walk, but understanding the legal landscape helps you manage your rental property effectively.
Let’s talk about the top fifteen reasons why you, as a landlord, may legally need to evict a tenant. This insight ensures you’re well-prepared and confident in your rights and responsibilities.
1- Nonpayment of Rent
The most common reason you might find yourself initiating eviction proceedings is nonpayment of rent. It’s straightforward: tenants sign a lease agreement committing to timely rent payments.
If a tenant fails to pay rent, you are within your rights to issue an eviction notice. Remember, the law requires you to provide a written notice, giving the tenant a chance to pay up before further actions are taken.
2- Lease Violations
Lease agreements aren’t just formalities; they are binding contracts. If tenants violate any terms of their lease—such as unreasonable disturbances or damaging the premises—you can start the eviction process.
It’s essential to spell out what constitutes a lease violation in the initial agreement to avoid ambiguity.
3- Property Damage
While normal wear and tear are expected during tenancy, significant damage to your property is a valid reason for eviction. This could range from broken windows to severe impacts on structural integrity.
Ensure your lease specifies what counts as normal wear and how tenants should handle repairs to avoid misunderstandings.
4- Illegal Activities
No landlord wants their rental property associated with illegal activities. If you discover that a tenant is engaging in criminal behavior on your property, such as drug manufacturing or other illegal activities, it’s crucial to act swiftly.
Evicting tenants for criminal conduct protects you and ensures the safety and well-being of other tenants.
5- Expiration of Lease
Sometimes, you might choose not to renew a lease with a tenant. This could be for different reasons, like plans to renovate the property or change how it’s used.
Once a lease expires, if tenants refuse to move out, it becomes a matter of unlawful tenancy, and you can proceed with an eviction.
Always communicate lease end dates clearly and provide notice according to local laws.
6- Subletting Without Permission
If your lease agreement explicitly requires that a tenant obtain permission before subletting the property or bringing in additional occupants, and the tenant fails to do this, it constitutes a breach of the lease.
This breach provides grounds for eviction, as it could lead to unauthorized tenants who have not been vetted or approved.
7- Failure to Maintain Renter’s Insurance
If the lease agreement stipulates that the tenant must maintain renter’s insurance, failure to do so can also be grounds for eviction.
This requirement is often put in place to mitigate potential liabilities and protect both the property owner and the tenant.
8- Repeated Late Payment of Rent
While a single late payment isn’t typically enough to warrant eviction, consistently late rent payments can be a valid reason. If a tenant repeatedly violates the payment terms of the lease agreement, it disrupts your ability to manage the property effectively.
It’s essential to document all instances of late payment to support this cause for eviction.
9- Violation of No-Pets Policy
If your property has a no-pets policy and a tenant violates this rule by keeping a pet, this can lead to eviction. Such policies are often in place due to allergy concerns, property safety, or maintenance issues.
Enforcement of this policy must be consistent and documented.
10- Threats or Harm to the Safety of Others
Any tenant actions that threaten the safety or well-being of other tenants or neighbors can lead to eviction.
This includes violent behavior, threats, or any activities that compromise the safety and peaceful enjoyment of the premises by others.
11- Unauthorized Alterations to the Property
If a tenant makes changes to the property without your approval—such as painting walls an unapproved color, adding or removing fixtures, or altering the structure of the building—this can be grounds for eviction.
The lease agreement usually outlines what alterations are allowed and which require landlord approval.
12- Failure to Provide Access for Repairs
Landlords have the right to enter the rental property to conduct necessary repairs and maintenance, provided they give proper notice as required by law.
If a tenant refuses to allow access to the property after receiving proper notice, this can be considered a lease violation and grounds for eviction.
13- Using the Property for Unapproved Business Activities
If a tenant uses the rental property for business activities that are not allowed under the terms of the lease—such as running a retail store or a workshop or using the apartment for large-scale commercial hospitality like Airbnb—this can lead to eviction.
Such uses can increase wear and tear, pose safety risks, or violate zoning laws.
14- Overcrowding the Property
Lease agreements typically specify the maximum number of occupants allowed to live in a rental unit. Overcrowding, or exceeding this number can strain the property’s facilities and violate local housing codes.
If tenants exceed the number agreed upon in the lease, this can be a valid reason for eviction.
15. Failure to Comply with Health and Safety Standards
Tenants are required to maintain their units in a way that does not create health or safety hazards. This includes proper trash disposal, avoiding the storage of hazardous materials, and maintaining sanitary conditions.
Failure to adhere to these standards can pose serious risks and is a legitimate basis for eviction.
In all cases, the eviction process must be handled legally, respecting tenant protections under Texas law. This includes providing proper eviction notices and potentially obtaining a court order to remove a tenant legally.
As a property owner, maintaining a professional demeanor and sticking to legal procedures not only protects your business but also upholds the integrity of the rental agreement and tenant relations.
Remember, eviction is a legal remedy—a necessary tool when tenants and landlords find themselves at an impasse.
We Can Help
At Jarrett Law Firm in Houston, TX, we understand that managing a rental property isn’t just about collecting rent—it’s about maintaining a healthy, lawful relationship with your tenants. Our experienced real estate attorneys specialize in landlord-tenant law. We are here to guide you through every aspect of the eviction process and ensure your compliance with Texas state laws.
Whether you’re dealing with nonpayment of rent, lease violations, or other challenges, we offer personalized, comprehensive legal support. Our experienced help guides you through these complex situations.
Jarrett Law Firm, we prioritize clear communication, thorough documentation, and robust legal strategies to protect your interests and preserve the value of your property.
Don’t let the stress of potential evictions overshadow your goals as a property owner. Contact us today to learn more about how we can assist you in effectively managing your rental property and maintaining peace of mind.
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