What is Eviction?
Eviction is the removal of a tenant from rental property by the landlord. In the case of a foreclosure, once the property is sold at foreclosure auction, the new owner has the right to evict the prior homeowner who is occupying the property as tenant in sufferance.
As a first step in an eviction lawsuit, the landlord must provide notice to the tenant terminating the tenancy. The procedures vary from state to state, but generally speaking the different types of notices are:
- Pay Rent or Quit Notices are typically used when the tenant has failed to pay rent. The tenant has three to five days (in most states) to pay the rent or move out ("quit").
- Cure or Quit Notices are typically given after a tenant violates a term or condition of the lease or rental agreement, such as a no-pets clause or the requirement to refrain from making excessive noise. The tenant must “cure” the violation in a set period of time or be faced with an eviction lawsuit.
- Unconditional Quit Notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. Unconditional quit notices are given when a tenant has been consistently late with rent, damaged the premises, or used illegal substances (drug dealing) on the property.
Even if the tenant fails to fix the issue and/or vacate the premises as per the notice, the landlord must file an unlawful detainer lawsuit with a summons and complaint for eviction. The process can take a few weeks before the case is heard and the landlord receives permission from the courts to forcibly remove a tenant and their personal items from the premises.
For legal advice about the eviction process in Texas, please contact your attorney. If you don't have an eviction attorney, please feel free to contact us and we will help you make the connection.