Evicting a tenant can be stressful for even the most seasoned property owner and can lead to lost revenue in a short amount of time. By the time a landlord starts to go through the eviction process with a tenant who is not paying on time, three months of rental payments have likely already been lost.
This is a guide to help rental property owners through the eviction process, for those going through it now and those who haven't yet but would like to know what to expect. We are outlining the real process, the typical missteps that can occur and how some landlords handle evictions better than others.
As the property managers for over 1,000 properties throughout the Houston area and with 30 years of rental property experience we feel that we can inform and help you get through your Eviction.
Waiting for Past Due Rent to Get Collected and Pasted into a Problem for a Landlord?
Most landlords we talk to underestimate how much delay costs them.
Hesitation on a problem tenant can cost a landlord a lot of money in lost rent before they even begin to serve notices to vacate. On average rental properties in the Houston area have a monthly rent of around $2,000. Every two weeks of lost rent is equivalent to $1,000. We have seen property owners wait 2 to 3 months for what they thought was a good tenant to come back to themselves. In the end that one month problem turns into a $4,000 to $6,000 loss of rent before any eviction process is initiated.
Most financial losses due to eviction occurs prior to serving a Notice to Vacate. Some homeowners may wait months hoping that their tenant will return to full rental payments. In reality, every two weeks of delay will translate into $1,000 of additional lost revenue on a $2,000/mo rental. And after three months, $4,000 of lost revenue on a single rental is a huge loss that could have been avoided if the property owner had begun eviction proceedings on time. Of course, as mentioned above, the owner could always choose to accept partial payment of back rent in place of eviction proceedings, but as discussed above, that has the potential to create far greater financial losses later on.
What the Texas Eviction Process Actually Looks Like
Texas has laid out a reasonable efficient process for Landlords to Evict tenants but as you read through the process, there are steps within the process that must be done perfectly in order to maintain an efficient eviction process.
The process starts with a written Notice to Vacate. Under Texas Property Code §24.005, for nonpayment of rent, the standard notice period is three days. After that window passes, you can file a forcible detainer suit with the Harris County Justice of the Peace court that covers your property's address.
Filing a lawsuit in Harris County Justice of the Peace Court requires a filing fee, that for a forcible detainer action, typically is $46 to $100, per case, depending on the precinct in which the property is located. After a lawsuit is filed, typically within a couple of weeks, the court will set a hearing date and time. If landlord prevails at hearing, the tenant has 5 days to appeal to County Court at Law. In the meantime, the landlord may apply for a writ of possession to be executed by Harris County Constable's Office. Landlord typically will be notified within a few days to a week as to when a constable can pick up the writ to remove tenant. This can add an additional 3 to 7 days to process of removing tenant.
Another issue with timing to be aware of after you win a case, is the writ of possession. For residential cases, writs of possession are typically served by the Harris County Constable's Office (not the Harris County Sheriff's Office). So, after the judgment has become final (after 5 days from the day that the tenant's appeal period has expired), it is necessary to schedule with the Constable's Office for them to serve the writ. Unfortunately, it often takes 3-7 business days for the Constable to schedule a time to remove the tenant after the writ has been granted. This can often put a squeeze on the landlord to keep additionalrentalseparatoratemperorarily until the tenant has been removed. The Constable's Office serves residential removals in all parts of Houston.
This would be a 30- to 45-day process (on average) to remove the tenant from the property after service of a notice to vacate. Then, if the tenant files an appeal to County Court (within 5 days of a Justice of the Peace Court judgment against the tenant), the process could take an additional 60-90 days. Added costs of the process would be the attorney's fees, court costs plus additional lost rent of $1,500 to $3,500.
The Written Notice Step Is Where Most Cases Fall Apart
Below is a list of ways in which the written notice can go wrong.
The owner of this Galleria area townhome had apparently tried to be too smart for his own good. Trying to save time, he never issued a written Notice to Vacate to his tenant. He had a verbal conversation with the tenant to vacate and that was it. He showed up to the Justice of the Peace hearing for his eviction suit with all of the documents in hand only to have the tenant arrive as well with a screenshot on his cell phone of the owners verbal conversation to vacate. Needless to say, the judge dismissed the case and the owner was forced to start all over again from the beginning for another 3 weeks with the owner having to spend 75 days or so total for the time that it took for the property to become vacant and for the owner to recoup his lost rent in the amount of $1,500 or so.
§24.005 states that a notice to vacate must be in writing and can be delivered 1) in person to the tenant(s), 2) posted inside the main entry door of the rental property, or 3) mailed by certified mail to the tenant(s) at their last known address. A text message or voice message is not sufficient to serve notice to vacate. A notice to vacate that is filed in the wrong precinct (i.e. the wrong Justice of the Peace court, based on the property's address) will also be subject to dismissal.
Cases filed in high-density single family residential areas like EaDo (77003), Midtown (77002), the Heights (76009) and Montrose often encounter judges that have handled numerous eviction cases and are sensitive to landlords failing to strictly comply with Texas eviction code requirements. Additionally, many tenants in these areas have access to attorneys funded by the local legal aid organizations to oppose landlord initiated evictions.
Don't Accept Partial Payment After Serving Notice
This one surprises people.
Accepting payment of rent after serving a Notice to Vacate will cancel the notice and a new notice must be served. This will require an additional 3 days to pass before commencing the eviction process.
We have already previously mentioned how accepting partial payment of rent after issuing a Notice to Vacate can invalidate the entire proceedings and cause additional problems. Many owners are tricked by this by having the partial payment of rent appear to be something positive and to immediately accept it. After all, even a partial payment of rent will be better than nothing at all. However, in all cases where a written Notice to Vacate has already been served, accepting any payment of rent at all will have the effect of canceling the existing notice and starting the entire process all over again from the very beginning after a new three day written Notice to Vacate has been properly served.
Doing Things Yourself Can Actually Make It Worse
A single-family homeowner in Pearland found this out the uncomfortable way.
One property owner in Pearland attempted to evict a tenant after the tenant had stopped paying rent. However, rather than following the proper steps outlined by Texas law to evict a tenant, the owner attempted to "evict" the tenant by not making repairs to the home and then changing the locks on the tenant's unit. The tenant subsequently filed a counterclaim against the owner for violations of the Texas Property Code §92.0081, attempting to recover one month's rent in damages plus an additional $1,000 in statutory damages.
It is important to note that Texas law does not require a landlord to hold the personal property of a tenant left behind after a lawful eviction by writ of possession. If a Constable performs a lockout in Harris County for example, the landlord or property manager would not be required to store the personal property left behind. It would typically be removed as soon as possible by the Constable and his deputies.
Take shortcuts before that point and you hand the tenant a counterclaim. Property owners in Montrose, Midtown, and the Heights should be especially aware that tenant advocacy awareness runs higher in those submarkets, and Texas Property Code §92.109 allows tenants to countersue for wrongful eviction or bad faith security deposit handling during eviction proceedings.
The "Good Tenant" Problem
This is one we see more than people admit.
Some property owners hold on for long periods of time to what appears to be a good tenant due to their perfect payment history. To no avail! Three months of 18 months of on time rental payments is not sufficient to warrant not sending a notice!
A tenant that has been a good rent payer until they cease paying can still cause a landlord a lot of financial harm. Because of the landlord's fond memories of the tenant as a good rent payer, a lot of landlords delay eviction proceedings for long term tenants that have been good rent payers until they cease paying rent. This can cost a landlord a lot of money in the end because of the delay. In Texas, a landlord is required to file for eviction within 30 to 60 days after rent has ceased to be paid, regardless of whether the tenant has been a good rent payer in the past. Therefore, a landlord can lose as much as $4,000 to $8,000 in unpaid rent for a tenant that has been a good rent payer in the past, before the landlord even starts the eviction process.
A "good tenant" who stops paying is, in practice, more financially dangerous than a bad tenant you catch early, because you're less likely to move quickly.
What Happens When Area Texas Handles It
When we place a tenant on a Property that we also manage for the owner and there is an eviction prior to the end of the 12 month lease term on that Property, we perform the entire eviction for the owner at no cost or fee to the owner.
We handled an eviction from a single family home in Spring Branch with a 12 month lease where the tenant paid all 4 months on time before stopping. We guaranteed the eviction for our tenant placement client and saved him an estimated $2,000 or more in time and money.
Our Property Managers are also extremely proactive. They constantly correspond with our clients throughout the eviction process to keep them updated on any and all changes as they arise. Often times we are able to update the owner on any developments with mere seconds. We have a system of management that is distance-proof. We have been managing properties for 30 years in the Houston, Texas area.
When a Contested Eviction Goes to County Court
Even though a landlord received a good decision in Justice of the Peace Court, the tenant can appeal the eviction in County Court at Law where it can take an additional 60 to 90 days and cost even more to complete the eviction of a tenant.
While typically evictions take around 30 to 60 days to complete, if a tenant contests the eviction the process can move up to 60 to 90 days. During this time the case will make its way through the Justice of the Peace court and then to the County Court at Law in Harris County where a hearing will be held in front of a judge. In these cases it is highly recommended for the landlord to seek legal representation as the attorney fees for a contested eviction in Houston can range from $1,500 to $3,500 plus the cost of filing the eviction in the Justice of the Peace court, additional filing fees in County Court at Law, and the loss of rent during the period of time. And remember that the tenant can also file counterclaims against the landlord in these situations as well.
The proper documentation of correspondence, lease, and properly prepared notices, is crucial to a landlord's case when contested in a court of law.
Sole Management of Evictions – Sole Exposure
There are some individuals and companies that do Evictions PRO SE (without an attorney) as they feel that it will save them money. Yet they fail to realize that the Justice of the Peace court handles hundreds of cases. Also, the Judges, Clerks and Bailiffs are not babysitters and many landlords file in the wrong precinct, notice are served improperly, lease agreements are not up to date and a clever legal aid tenant's attorney finds some minor glitch in the landlord's paperwork and utilizes it to his or her tenant's advantage. Thus it is much wiser for a landlord to have his or her evictions handled by a seasoned residential property management company in Houston.
Managing an eviction as well as your life can become too much for an owner. Owners will often go to forums and find out what residential property management in Houston for evictions and for lease enforcement. Or they will search on the Internet for ways to complete the court filings and for constable coordination. Many owners do not know where to start with the various steps in the eviction process and as a result do not complete the eviction of their delinquent tenant.
We're not here to tell you how to manage your properties or when it's time to bring in outside help to manage your evictions. If however, you're feeling a bit overwhelmed by the process, then maybe we can have a conversation about all that we can do to help. Contact us to learn more about how we handle evictions and what else we can do for your rental property.
FAQ
How many days does a landlord have to give before filing for eviction in Texas?
For nonpayment of rent notices under TX Properties Code Section 24.005 the landlord must give the tenant a 3-day written Notice to Vacate prior to filing the eviction suit.
How long does the eviction process take in Houston?
For an uncontested eviction in Harris County an owner can have his tenant removed from his rental property in approximately 30-45 days from the time that the owner delivered the Notice to Vacate to the tenant. If however the tenant does file an appeal of the Justice of the Peace court's ruling in the Justice of the Peace court then the case will be sent to County Court at Law where it can take an additional 30-60 days or more to remove the tenant from the rental property. Additionally there can be additional wait time to have the writ of possession (lockout) executed by the Harris County Constable's office. The wait time to have the writ of possession executed can take 3-7 business days after the writ of possession has been granted by the Justice of the Peace court.
Can a landlord change the locks or shut off utilities to force a tenant out?
No. As per Texas law locking a tenant out before the Constable can carry out a writ of possession is classed as an illegal lockout. Tenants affected can claim damages in the form of a counterclaim, under Texas Property Code Section 92.0081. The amount of damages claimed would be for a single month's rent plus $1,000. Even if a tenant is not paying rent you have to go through the legal process in evicting them.
What happens if, after serving the Notice to Vacate, you accept partial rent from the tenant?
Accepting payment after having served a Notice to Vacate can cause that notice to be deemed to have been voided and landlord would have to start all over again with a new notice and three days to pass. This can be a tricky situation. Landlord has served a proper Notice to Vacate and tenant is now paying partial rent. Do not accept payment until you have consulted with an attorney to see what your options would be.
Does Houston have rent control that affects the eviction process?
A Rent Control ordinance does not exist for the City of Houston. As such, there is no restriction on raising the rent between lease terms for rental units subject to at-will terms. This does not to say, however, that raising rent between lease terms is advisable. When a tenant signs a lease with specified terms, it is advisable to keep the rent the same for the duration of the lease.
What is the typical cost to evict a tenant?
The filing fees to file evictions vary depending on the Justice of the Peace court in which the eviction proceeding is filed. Typically these fees will range between $46 and $100 per filing, depending on the specific Justice of the Peace court's filing fees for that precinct. If an eviction proceeding is contested, then an owner will pay attorney fees, the filing fees for the Justice of the Peace court, plus additional costs to the Justice of the Peace court as required by law. These costs can add up quickly to $1,500 to $3,500 or more, in addition to the lost rent during the 60 days the eviction is processed as a contested matter. For example, if an owner were to evict a $2,000 per month tenant as a contested matter, then the owner would lose $4,000 in rental income while the eviction is processed. To get a better sense of what vacancy and delays cost you, try our vacancy loss calculator to run your own numbers.
