How does one evict a "tenant" who has no lease?

Question

Regular tenants on the expired lease have moved out, another occupant not on the expired lease will not move.

David Smith · Accepted Answer

In Texas, a tenant who occupies a property without a lease is considered a tenant at will or a month-to-month tenant. The landlord must follow the legal eviction process to evict such a tenant. Here are the general steps to evict a tenant who has no lease in Texas:

Give written notice: The landlord must give the tenant written notice to vacate the property. In Texas, the notice must be in writing, state the reason for the eviction, and give the tenant at least three days to vacate the property. The notice can be delivered in person or by certified mail.

File for eviction: If the tenant does not vacate the property after the notice period, the landlord can file an eviction lawsuit in the Justice of the Peace court in the county where the property is located. The landlord will need to pay a filing fee and provide a copy of the written notice to the court.

Attend a hearing: A hearing will be scheduled, and both the landlord and tenant will have the opportunity to present their case to the judge. If the judge rules in favor of the landlord, a writ of possession will be issued, which allows the landlord to take possession of the property.

Removal: If the tenant does not vacate the property after the writ of possession is issued, the landlord can obtain a writ of possession from the court and have a constable or sheriff remove the tenant and their belongings from the property.

It's important to note that Texas has specific rules and regulations regarding the eviction process. Landlords should always consult with a local attorney or housing authority to ensure they are following the proper legal procedures.

David Smith 
Blok & Blvd. Realty 
282-732-3090
david@blokbvd.com

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