If you have a problem with your tenant, you shouldn’t rush into serving a State of Texas eviction notice.
In this post, we’ll discuss seven tips that’ll help with these situations, including how to behave if an eviction really is inevitable.
1. Read the Texas Property Code
Chapter 92 of the Texas Property Code has every law you’ll need to know as a landlord. Though Texan law usually favors the lease, you can still refer to the Property Code to resolve a dispute, especially if it relates to security deposits or repairs.
You should read this before leasing out a property. Otherwise, you might see too late that you’re definitely in the wrong.
For example, you might take more than a week to resolve a repair, even though the code says you have seven days after receiving written notice.
A landlord who knows the TPC can stop disputes from escalating, allowing you to handle tenant concerns fairly while abiding by the state’s laws.
2. Be Understanding
It’s important that you meet your tenant halfway. If they have a grievance, hear them out — they might have a point, or at least be willing to come to a fair compromise.
Rushing into a dispute or otherwise being too abrasive could fracture your relationship with your tenant, perhaps forever. Don’t try to prove them wrong; instead, you should try to show leniency for their situation.
Consider mediation; this lets you show your understanding while still working towards a fair and balanced solution. You’ll also be able to talk through any grievances while still preserving your dynamic with the renter.
3. Use Online Templates
Leases, eviction notices, and other rental documents only work if they’re tailored to your unique situation. Getting a lawyer to draft a custom tenancy form, however, can take a while and cost a lot of money, possibly hundreds of dollars.
Online templates let you build a lease with every clause you expect — and usually either for free or at a low cost. You can even send a notice to quit that gives your tenant a deadline to stop any lease violations.
Pre-written rental agreement and eviction notice templates are legally binding by default, though you should check any clauses you plan to add. Otherwise, you might accidentally implement an unreasonable clause that won’t hold up in court.
4. Document Everything
Catalog everything related to the dispute in case you need to refer back to it later. This could be photos of the property’s condition before move-in, receipts of rent payments, or even the home’s maintenance records, depending on the situation.
Any conversations you have surrounding the dispute should also be via email or anywhere else with a solid paper trail.
You need proof that they, for example, agreed to a compromise; a verbal agreement simply isn’t secure enough.
5. Consider Landlord Insurance
Landlord liability insurance gives you a safety net in case someone is harmed on your property and files a lawsuit. This means you can focus on the actual dispute, and not a massive potential cost.
This insurance also usually covers theft and vandalism by unscrupulous tenants. You’ll have the means to fix your property, allowing you to pursue legal action without breaking the bank.
Insurance covers the costs if you’re found to be negligent or otherwise responsible for a dispute. However, it’s no substitute for being a fair landlord — you can’t just use this to bail yourself out.
6. Handle Security Deposits Carefully
Texas law doesn’t place a maximum limit on security deposits, but you should still only ask for a month of rent.
Any higher, and potential tenants will simply go elsewhere. Alternatively, you can ask them to pay a small monthly fee.
The deposit may cover property damage, unpaid rent or utilities, changes to the premises itself, and move-out cleaning fees.
Return the deposit within 30 days and itemize any deductions, or you might face another dispute.
7. Follow the Correct Eviction Procedures
Eviction might be the only option in particularly bad disputes. However, evicting them the wrong way can leave you without a legal leg to stand on. You can only evict a tenant if they:
- Don’t pay rent
- Remain after their lease
- Break the lease
- Carry out criminal activity
You should ideally give a notice to quit first, effectively a promise to evict them if they continue to break the rules. If this doesn’t work, a three-day notice to vacate should.
You can’t change the locks or throw out a tenant’s belongings if they refuse to vacate. You must instead petition the Justice of the Peace Court, which requires a $100+ filing fee.
Final Thoughts
Disputes can easily escalate to an eviction, but it’s your job to stop them reaching this point. The right approach to negotiation (and, if necessary, an understanding of how you went wrong) goes a long way.
