What does a wrongful eviction in Texas look like? If you have been in property management for as long as we have, you understand that eviction is an inevitable part of managing rental homes. It would be great if that were not the case, but at some point there will be a dispute or issue with a renter paying their rent.
One thing both landlords and tenants might be concerned about is whether the eviction was done properly and legally. It’s crucial to note that from state to state there might be small differences in the law. So, what does a wrongful eviction in Texas look like, and what do tenants, landlords, and property owners need to know on the topic? All good questions.
Our property managers in Austin and throughout Texas need to know the ins and outs of these laws. Not knowing them be a huge liability for those who want to make sure they conduct any evictions thoroughly within the regulations and laws that pertain to them. Here we will break down a number of the necessary things to know.
Table of Contents
- What is Considered Wrongful Eviction in Texas
- How to Sue for Wrongful Eviction
- For Landlords – Rely on Property Managers to Avoid Disputes
What is Considered Wrongful Eviction in Texas
So what is it exactly? Let’s get into it, shall we? First, let’s define it. The term wrongful eviction refers to the illegal removal of a tenant from a rental property when the process does not adhere to the proper legal procedures. Another way to put it is that a landlord bypasses the formal eviction process… this could mean failing to provide proper notice or not obtaining a court order before evicting a tenant. If a landlord changes the locks, for example, or disconnects utilities to force a tenant out without following the required legal steps, it is considered wrongful eviction in Texas (and most other places).
There is more. Along with that, evictions based on discriminatory reasons are considered wrongful as well. That’s important. Landlords can’t legally evict tenants due to race, sex, national origin, disability, or family status. Similarly, retaliatory evictions — where a landlord attempts to remove a tenant for exercising their legal rights, such as requesting necessary repairs or reporting code violations — are illegal.
Tenants who experience wrongful eviction in Texas have legal options. See below.
It’s important for both landlords and tenants to understand that Texas law requires landlords to follow specific procedures when evicting a tenant. This includes providing a written notice to vacate and, if the tenant does not comply, filing an eviction lawsuit in court. Taking matters into their own hands – such as locking out a tenant without a court order – is illegal and can lead to significant legal consequences.
How to Sue for Wrongful Eviction
Understanding how eviction works in Texas and knowing your options is very important. Wouldn’t it be great if you never had to go down that path? In a perfect world, no one is suing anyone. Ideally, there should be good communication between tenants and landlords to avoid reaching that point. But, if you do find yourself looking into how to sue for wrongful eviction, it’s beneficial to get a grasp on the fundamental steps involved. Here’s a quick rundown of what you can anticipate.
- Gather Evidence – First things first. Start by collecting all the documentation related to your rental agreement and the eviction. This can include your lease, eviction notices, photos of the property, and any communication with your landlord. Look up old e-mails… as much as you can find. Having clear evidence will help you build a strong case.
- Consult an Attorney – And now, the most important step. Don’t even think about not consulting with a lawyer. Make sure that you talk to a lawyer who specializes in landlord-tenant law specifically. Don’t just rely on internet searches. They will help you understand your rights.
- File a Complaint – Once you have talked it over with the lawyer and determined whether you think you have a case, your attorney will help you file a lawsuit in the appropriate court.
- Prepare for Court – Next, work with your attorney to get things organized and prepped for court. This includes organizing your evidence, understanding what to expect during the trial, and practicing your testimony.
- Seek Damages – If the court rules in your favor, you may be awarded damages. In Texas, this can include compensation for moving expenses, lost wages, and even emotional distress.
For Landlords – Rely on Property Managers to Avoid Disputes
If you think you’re being evicted wrongfully, you’ll want to talk to someone about it. Good communication between landlord and tenant is key. Evicting tenants is a long and costly process, so most landlords and property managers clearly try to avoid it. However, despite the cost of removing a tenant, it’s sometimes necessary to keep a rental business afloat.
If you are a landlord and need help, consider a professional property management company to take the burden off your shoulders. A full-service team like Bay Property Management Group can help you market rentals, screen tenants, collect payments, and more. So, if you need the help of a property services company in Austin, Atlanta, Boston, Baltimore, Philadelphia, Northern Virginia, or elsewhere, contact with BMG today.
