How to Evict a Tenant in Texas

A landlord in Texas can evict a tenant as long as they provide sufficient notice. A landlord can terminate a lease where the tenant has been convicted of public indecency. If the landlord prevails in court, the landlord may recover attorney's fees and court costs.

Current Statutes

Sec.91.001.NOTICE FOR TERMINATING CERTAIN TENANCIES.

(a)A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.

(b)If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:

(1)the day given in the notice for termination; or

(2)one month after the day on which the notice is given.

(c)If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:

(1)the day given in the notice for termination; or

(2)the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.

(d)If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.

(e)Subsections (a), (b), (c), and (d) do not apply if:

(1)a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or

(2)there is a breach of contract recognized by law.

Sec. 91.003. TERMINATION OF LEASE BECAUSE OF PUBLIC INDECENCY CONVICTION.

(a) A landlord may terminate a leaseif:

(1) the tenant or occupant of the leasehold uses the property for an activity for which the tenant or occupant or for which an agent or employee of the tenant or occupant is convicted under Chapter 43, Penal Code, as amended; and

(2) the convicted person has exhausted or abandoned all avenues of direct appeal from the conviction.

(b) The fee owner or an intermediate lessor terminates the lease by giving written notice of termination to the tenant or occupant within six months after the right to terminate arises under this section. The right to possess the property reverts to the landlord on the 10th day after the date the notice is given.

(c) This section applies regardless of a term of the lease to the contrary.

Sec.92.005. ATTORNEY'S FEES.

(a) Aparty who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended.

Talk with an Attorney

If you are a landlord in Texas, you can terminate a lease if the tenant is in violation of the lease contract or has been convicted of public indecency. You must give the requisite statutory notice to prevail. Talk with an experienced attorney to discuss the details of your case.