How to Evict Non-paying Tenants

You’ve tried everything—talking to them, threatening them, changing the locks (assuming that was written into their lease). Nothing has worked. Your tenants just won’t pay their rent no matter what you do.  You need then out of your rental property right now.  But what do you have to do to evict non-paying tenants?  In order to evict deadbeat tenants from your rental property, you must follow the rules and procedures set forth under Texas law.

Providing Notice

To evict non-paying tenants, you will first need to provide then with adequate written notice. This is a brief letter that gives them a specific period of time during which they must move out. Under Texas law, you must provide tenants at least three days’ notice to vacate the premises before you file for eviction with the Justice of the Peace. That time may be more or less if otherwise stipulated in a written contract, but it cannot be any less than 24 hours.

The method of delivery is important. It must be either:

  • Handed directly to the tenant, in person;
  • Hand delivered to anyone living at the premises who is age 16 or older;
  • Mailed (allow for an additional two days for arrival);
  • Attached to the inside of the main entrance door;
  • Attached to the outside of the main door, but only if the inside is inaccessible or the notice cannot be delivered in any other way.

With any luck, the non-paying tenants will move out within the specified time period. If not, you’ll need to take more serious measures.

Eviction Lawsuit

The next step to evict non-paying tenants is to file the eviction with the Justice of the Peace precinct that covers the property location. This will set things in motion for taking the eviction to court, and the sheriff will give the tenant a citation.

The hearing will take place within 6 to 10 days after that. You will need a valid claim and adequate evidence, such as bounced checks and other documentation. If all goes well, the court will rule that the tenant must vacate the premises.

Carrying Out the Eviction

If the tenant still doesn’t leave, a sheriff or constable will come to the property and force them to vacate the premises.  If you have grown tired of dealing with non-paying tenants and you are ready to sell your house today, will buy it from you as is, with no inspection.  Contact us today for an appointment.