Someone is living in residential property you own, perhaps a tenant under a lease but perhaps not, and you want to get them out. The question is: do you have a valid basis to evict?
Under a Lease Agreement:
When there is a lease, the most common basis for evicting your tenant is breach of the lease contract. A good lease (like the Texas Association of Realtors’ Residential Lease or the Texas Apartment Association Lease) will have a specific paragraph on default and the consequences. Beware of leases you get from the internet (link to prior blog) because they may not have the right language and could make it harder to get your non-compliant tenant out. What are the defaults that trigger eviction?
- Non-Payment of Rent. Far and away, this is the most common basis for you to evict your tenant. A good lease will include a “default” provision or otherwise state that if your tenant does not pay on time, it is a breach of the contract. Even if they pay late, this is technically a default and you could get a judgment. Beware that some judges, despite the language of contract saying you are not waiving your rights by accepting late rent, won’t grant an eviction when the rent has been paid late.
- Unauthorized Occupants: Some tenants think it is ok to sneak in family members or unapproved roommates – hey, what’s the harm – to live in the property. Unless you approve them, an unauthorized occupant (not a short term guest) is a breach of the lease and you can evict.
- Prohibited Conduct: A good lease will list what conduct is prohibited and will constitute a default sufficient to provide grounds for eviction.
- Illegal activity. Most leases will expressly forbid illegal activity. from engaging in illegal activity to operating a business out of the home. Other common prohibited conduct include disturbing neighbors or disrupting the management of the property (common in apartment complexes with leasing offices). HOA violations incurred because your tenant broke the rules, whether because they are not taking care of the lawn or have parked their broken down pickup truck on cinder blocks to replace the transmission, are a basis to evict.
- Health and Safety: While it may also be prohibited conduct, a tenant who creates a condition that is dangerous to the health and safety of others has given you grounds to terminate their lease and evict.
- Holdover: When you or your tenant agree to terminate the lease and the tenant then overstays his/her/their welcome, they are a holdover. Holding over is more than an inconvenience, it is a flavor of default and gives you a basis to evict.
No Lease Contract:
When there is no lease and someone is living in your property without your permission, the occupant has committed “forcible entry and detainer.” Unlike when there is a lease and they have to violate its terms, the mere occupancy of your property without a legal basis to do so provides the grounds to evict.
- Post-foreclosure. If you bought the property at a foreclosure auction, there is a high likelihood that it was pursuant to a Deed of Trust that has a “tenancy-at-foreclosure” provision. Do not assume that the clause is there because on rare occasions it has been left out depending on the type of financing. If the provision is there, the mere fact that now-former owner has not surrendered possession creates the “tenancy-at-sufferance” and the grounds to evict.
- Whether you were allowing your brother-in-law to “crash at your place for a while” or someone moved into your property when you were not looking, you need to ask them to leave first with a proper notice. When they refuse, they then become tenants-at-sufferance and you have grounds to evict them.
Call Sprigg-Novak Law Firm for Help
If you need assistance with a residential eviction, reach out to Sprigg-Novak Law Firm to protect your interests. With 30+ years of combined experience, our team of attorneys will help you navigate the complex field of Texas eviction law. Call us by clicking the button below to discuss your options.
