The Woodlands Law Firm Blog

Category: Landlord/Tenant

  • What Steps Must a Landlord Follow Before Evicting a Tenant in Texas?

    What Steps Must a Landlord Follow Before Evicting a Tenant in Texas?

    At The Woodlands Law Firm, we represent both landlords and tenants across Montgomery and Harris Counties. One of the most common issues we handle is eviction. In Texas, landlords must follow a strict legal process before removing a tenant from a property. Failure to follow the law can lead to delays, dismissed cases, or legal liability.

    Eviction in Texas is governed by the Texas Property Code. The law protects property rights while ensuring that tenants receive fair notice and due process. A landlord must take several clear steps before removing a tenant, and missing even one of them can put the entire case at risk.

    Start With a Legal Reason

    A landlord cannot evict a tenant just because they want the property back. There must be a legal reason. Common grounds include failure to pay rent, lease violations, or staying past the end of a lease. The landlord should review the lease agreement carefully to determine the violation and document it fully.

    Deliver a Proper Notice to Vacate

    The eviction process begins with a written notice to vacate. This is not optional. Texas law requires landlords to give tenants written notice before filing an eviction lawsuit. Most notices must give the tenant at least three days to move out, but the lease agreement can change this timeline. If the lease says only 24 hours is required, that shorter period is valid. If the lease is silent, three days is the default.

    This notice must be delivered in a specific way. Acceptable methods include hand delivery, posting the notice on the inside of the main entry door, or mailing the notice to the tenant. If the landlord does not deliver this notice properly, the court can dismiss the case.

    File an Eviction Suit in Justice Court

    If the tenant does not move out after the notice period ends, the landlord must file an eviction case in the Justice of the Peace Court for the precinct where the property is located. This is a formal lawsuit, even if it’s handled in a lower court. The landlord becomes the plaintiff, and the tenant is the defendant.

    At the time of filing, the landlord must pay a filing fee and a service fee. The court will then issue a citation to the tenant and set a hearing date. The constable’s office will serve the tenant with notice of the lawsuit. This step gives the tenant an opportunity to appear in court and present a defense.

    Attend the Eviction Hearing

    Both the landlord and tenant have the right to appear before the judge. The landlord must bring all documentation, including the lease, records of communication, and proof that proper notice was given. If the judge finds in favor of the landlord, the court will issue a judgment of possession.

    If the tenant fails to appear or the evidence strongly favors the landlord, the court will typically grant possession to the landlord. The tenant then has five days to vacate or file an appeal.

    Request a Writ of Possession

    If the tenant does not leave after the court’s judgment and appeal period ends, the landlord must take the final step: requesting a writ of possession. This writ allows the constable to physically remove the tenant and their belongings from the property. The landlord cannot remove the tenant on their own. Self-help evictions are illegal in Texas and can lead to significant legal penalties.

    Final Thoughts for Landlords and Tenants

    Eviction is a serious legal matter. Texas courts require landlords to follow each step exactly. If a landlord skips a step or acts too early, the court may dismiss the case or require the process to start over. For tenants, understanding your rights under the law can help you protect yourself and possibly reach a better outcome.

    At The Woodlands Law Firm, we regularly handle eviction cases for property owners and tenants. We understand how important it is to act quickly and lawfully. If you are involved in a landlord-tenant dispute, or if you are unsure about your legal options, our team can help you take the next step with confidence.

    Schedule your free 15-minute consultation with one of our attorneys today at https://link.woodlands.law/book or call (832) 626-0116.

  • Demystifying Mediation in Texas: A guide to How it Works

    Demystifying Mediation in Texas: A guide to How it Works

    Mediation is a valuable and widely used conflict resolution process in Texas and beyond. In this blog post, we’ll break down what mediation is and how it works, offering a clear and accessible explanation for those who may not be familiar with this method of dispute resolution.

    What is Mediation?

    Mediation is a voluntary and informal process where a neutral third party, known as a mediator, facilitates communication and negotiation between parties in conflict. The goal of mediation is to help disputing parties reach a mutually acceptable resolution to their issues, avoiding the need for a protracted legal battle in court.

    How Does Mediation Work?

    Choosing a Mediator

    In a mediation process, the first step is selecting a qualified mediator. Mediators are typically individuals with specialized training and experience in dispute resolution. Parties involved in the conflict may agree on a mediator or use one provided by a court or a mediation service.

    Initial Meeting

    Once a mediator is chosen, all parties involved meet in a neutral, private setting. The mediator introduces themselves, explains the mediation process, and establishes ground rules, including confidentiality and respect.

    Opening Statements

    Each party is given an opportunity to make an opening statement, sharing their perspective on the conflict, concerns, and desired outcomes. This allows the mediator and other parties to understand the issues at hand.

    Information Gathering

    The mediator guides the discussion by asking questions and encouraging open communication. They may request documents, evidence, or information that helps in understanding the dispute. The mediator remains impartial and doesn’t take sides.

    Identifying Interests and Needs

    The mediator helps the parties identify their underlying interests and needs, rather than just their positions. This is a critical step, as it allows for creative solutions that can address the root causes of the conflict.

    Negotiation

    With the mediator’s guidance, the parties engage in negotiation. The mediator may facilitate discussions, suggest compromise options, and help keep the conversation constructive and focused on solutions.

    Agreement

    If the parties reach an agreement during mediation, the mediator assists in drafting a legally binding document that outlines the terms of the agreement. This document may be reviewed and signed by all parties, creating a commitment to follow through with the agreed-upon terms.  This document is a contract between the parties to resolve the dispute.

    Closing the Mediation

    Once an agreement is reached and documented, the mediation process concludes. If no agreement is reached, the parties still have the option to pursue other dispute resolution methods, such as litigation.

    Advantages of Mediation

    Mediation offers numerous advantages, including:

    1. Cost-Effective: Mediation is often less expensive than going to court, as it saves on legal fees and court costs.
    2. Speed: Mediation typically resolves disputes more quickly than litigation, which can be a lengthy process.
    3. Control: Parties have more control over the outcome and can create solutions that meet their specific needs.
    4. Confidentiality: Mediation discussions are private, and information shared in mediation is usually not admissible in court.
    5. Preservation of Relationships: Mediation is particularly useful when ongoing relationships need to be maintained, such as in family or business disputes.

    Conclusion

    Mediation is a valuable tool for resolving conflicts in Texas, offering a collaborative and less adversarial approach compared to litigation. With a trained and impartial mediator guiding the process, parties in dispute have the opportunity to work together to find solutions that best meet their interests and needs, ultimately saving time, money, and stress. If you’re facing a dispute in Texas, consider mediation as a viable and effective alternative to traditional litigation.  The Woodlands Law Firm offers mediation services, as Ms. Simpson has been a certified mediator since 2008 and has extensive experience in settling civil matters.  Contact us today!