Legal Question in Landlord & Tenant Law in Texas

Re: How to evict legally

If there is no written lease and they are paying (supposed to be paying) rent on a monthly basis, that means it is a month to month tenancy. You can give thirty days written notice to vacate for any reason or no reason. For nonpayment, you can give three days written notice to vacate. Make it an absolute - do not say pay or vacate. Tell them to vacate, period. If they come up with money and you want to work with them, that is your option, but the letter must be absolute. When the three days is up and they are not out, file an eviction (forcible entry and detainer) suit with the justice of the peace. The tenants will be served, there will be a fairly quick trial date and you will probably win since there is no defense to nonpayment of rent. The tenants will have five days from the trial date to move out or to appeal. They may appeal to county court. If they do, you will need to hire an attorney. IF they do not appeal, on the sixth day after the trial date you may obtain what is called a writ of possession from the justice court and the constable will forcibly remove them.