Legal Question in Landlord & Tenant Law in Texas

Re: Eviction

This case depends entirely on the verbal agreement. If this tenant agreed to pay a certain amount of rent by a given time and has failed to do so, and that tenant has failed to pay rent pursuant to the agreement, the owner of the home should give the tenant written notice to vacate the premises within three days. The notice should be delivered personally in this instance.

If the tenant does not move out within three days, the owner of the home should file a lawsuit with the nearest justice of the peace to have the person removed.

The owner of the home would then go to court and testify as to the substance of the agreement and the failure of the tenant to pay. The tenant, of course, will have the opportunity to testify if he or she appears on the day of the trial. If the owner proves his case, then he should win.

Once the time period to appeal has passed (generally ten days), the owner may obtain a writ of possession from the court if the tenant has still not moved out. Once the writ of possession has been issued, the owner can have the local constable remove the tenant from he house.

If the owner doesn't feel comfortable handling any of this on his own, he should consider hiring an attorney to handle the matter.