Eviction | Nixon Law PLLC

Protecting Texas Landlords in Eviction Proceedings

For property owners, real estate investors, and commercial landlords in Texas, managing a property portfolio requires constant diligence, strategic foresight, and the ability to act decisively when a tenant breaches their lease agreement. Eviction, legally defined in Texas as a forcible entry and detainer action, is a critical and necessary mechanism for landlords to regain possession of their property and mitigate mounting financial losses. Whether you are dealing with chronic non-payment of rent, severe lease violations, or holdover tenants who refuse to vacate, the eviction process is fraught with strict procedural requirements that must be meticulously followed. Failing to adhere to these statutory mandates can result in unnecessary delays, dismissed cases, and prolonged financial exposure that harms your bottom line. At Nixon Law PLLC, we understand that your property is a significant and valuable investment. We provide aggressive, uncompromising representation to Texas landlords, ensuring that your rights are fiercely protected and that the eviction process is executed swiftly, lawfully, and effectively.

Understanding Texas Eviction Law: Forcible Entry and Detainer

In Texas, the eviction process is governed primarily by the Texas Property Code, specifically Chapter 24, which outlines the precise procedures for forcible entry and detainer actions. A forcible detainer occurs when a person refuses to surrender possession of real property after their legal right to possession has ceased. The law is designed to provide a streamlined judicial process for landlords to recover possession of their property, but it demands absolute and strict compliance with notice and filing requirements. The courts afford no leniency to landlords who cut corners or fail to follow the letter of the law.

Under Texas Property Code Section 24.005, a landlord must provide a tenant with a proper, legally sufficient notice to vacate before filing an eviction suit. The required notice period depends heavily on the reason for the eviction and the specific terms negotiated in the lease agreement. For instance, in cases of non-payment of rent or standard lease violations, the statute generally requires a three-day written notice to vacate, unless the written lease explicitly specifies a different period. The delivery of this notice is just as critical as its content; it must be delivered according to statutory methods, such as in person to an occupant over the age of 16, by mail, or by securely affixing it to the inside of the main entry door. Improper delivery is one of the most common reasons eviction cases are dismissed.

If the tenant fails to vacate the premises by the expiration of the statutory notice period, the landlord may then file a forcible detainer suit in the justice court in the specific precinct where the property is located. The court will schedule a hearing, typically within a short, expedited timeframe. If the landlord prevails at the hearing by proving their right to possession, the court will issue a judgment for possession. Should the tenant still stubbornly refuse to leave the premises, the landlord can request a writ of possession. This writ authorizes the local constable or sheriff to physically remove the tenant and their belongings from the property. It is crucial for landlords to understand that Texas law strictly prohibits “self-help” evictions. Landlords cannot legally change the locks, shut off essential utilities, or remove a tenant’s property without a valid court order. Attempting to do so exposes the landlord to significant civil liability and damages.

Common Eviction Scenarios Faced by Texas Landlords

Landlords across the state of Texas encounter a wide variety of challenging situations that necessitate formal eviction proceedings. Navigating these scenarios requires a deep, comprehensive understanding of both the specific lease agreement and the applicable statutory framework. Common situations where our firm steps in include:

Non-Payment of Rent: This is the most frequent cause for eviction. When a tenant fails to pay rent as agreed, landlords must act promptly to minimize their income loss. This requires strictly adhering to the notice requirements outlined in the lease and the Texas Property Code to initiate the removal process without delay.
Lease Violations: Tenants frequently breach other material terms of the lease. This can include keeping unauthorized pets, causing significant and intentional property damage, engaging in illegal activities on the premises, or subletting the property without the landlord’s explicit permission. These violations require careful documentation, evidence gathering, and specific notice procedures to prove the breach in court.
Holdover Tenants: When a lease term naturally expires and the tenant simply refuses to vacate the property, they become a holdover tenant. Landlords must carefully navigate the transition from a valid lease to a month-to-month tenancy or proceed directly to eviction, depending on the specific circumstances and the holdover provisions contained within the original lease.
Foreclosure Evictions: Purchasers of property at a foreclosure sale often inherit occupants—either the former owners or their tenants—who refuse to leave the premises. The new owner must follow specific statutory procedures to evict these occupants, which often involves different notice periods under Texas Property Code Section 24.005(b) and requires establishing superior title and right to possession.
Commercial Evictions: Evicting a commercial tenant involves entirely different considerations and is governed by Chapter 93 of the Texas Property Code. Commercial leases are inherently more complex, and the financial stakes are typically much higher. This requires precise legal maneuvering to protect the landlord’s business interests, secure the premises, and potentially pursue damages for breach of the commercial lease.

How Nixon Law PLLC Protects Your Property Rights

Eviction proceedings may seem straightforward on paper, but in practice, they are highly technical and procedurally demanding. A single procedural misstep—such as an improperly drafted notice to vacate, incorrect service of process, or filing in the wrong precinct—can result in the justice court dismissing the case entirely. This forces the landlord to start the process over from the beginning, costing valuable time and money while allowing the non-compliant tenant to remain in the property rent-free. At Nixon Law PLLC, led by Managing Attorney Jonathon G. Nixon, we do not leave your property rights to chance. We approach every eviction with the precision, thoroughness, and aggressiveness expected of a premier Texas trial law firm.

Our representation begins with a comprehensive review of your lease agreement, the tenant’s payment history, and the specific facts surrounding the breach. We ensure that all statutory prerequisites, including the drafting and lawful delivery of the notice to vacate, are executed flawlessly to withstand judicial scrutiny. When we file the forcible detainer action, we prepare meticulously for the justice court hearing. We do not simply show up; we anticipate the tenant’s potential defenses, gather the necessary documentation, and dismantle their arguments with hard evidence and binding legal authority.

Furthermore, we recognize that some tenants will attempt to delay the inevitable by filing an appeal to the county court at law. Nixon Law PLLC is fully equipped and prepared to handle these appeals. We aggressively litigate these matters at the county court level, demanding that tenants strictly comply with the statutory requirements for paying rent into the court registry during the pendency of the appeal. If a tenant fails to meet these strict financial obligations, we move swiftly to obtain a writ of possession. Whether through strategic negotiation, demanding compliance, or aggressive courtroom advocacy, our ultimate goal is to restore your property to your control as quickly and efficiently as the law allows.

Schedule a Consultation with a Texas Eviction Attorney

If you are a landlord dealing with a difficult, non-compliant, or holdover tenant, do not attempt to navigate the complexities of the Texas eviction process alone. The financial health of your real estate investment depends on swift, legally sound, and decisive action. Nixon Law PLLC provides the authoritative, uncompromising representation you need to enforce your lease agreements, navigate the court system, and protect your property rights. Contact our office today to schedule a consultation and learn how our aggressive trial attorneys can assist you in resolving your eviction matters effectively and restoring your peace of mind.