How do I legally evict someone from my house in Texas? Evicting someone from your house in Texas can feel like trying to untangle a knot. It seems simple at first, but one wrong move can make everything worse. The law protects property owners, but it also protects tenants and occupants. You cannot just change the locks or throw someone’s belongings outside. Texas law requires that you follow a legal process. If you do not, you could face serious legal trouble yourself.

Understanding the Difference: Tenant vs. Guest

The first step is figuring out if the person is a tenant or just a guest. A tenant has a legal right to stay in the home based on an agreement. This agreement can be written or verbal. A guest is someone who does not have a lease and has not paid rent. If the person has been staying in your home and contributing to rent or utilities, they may be considered a tenant. Texas law does not allow self-help evictions. That means you cannot kick someone out on your own, no matter how frustrating the situation is.

Step 1: Give the Proper Notice

If the person is a tenant, the law requires you to give them notice before starting the eviction process. In most cases, you must provide a three-day written notice to vacate unless the lease states otherwise. This notice must be in writing and delivered in person, by mail, or by posting it on the inside of the front door. If the person does not leave after three days, you can file an eviction lawsuit.

If the person is just a guest who refuses to leave, they do not have tenant rights. You can call law enforcement and ask them to remove the person for trespassing. However, if the guest has been living in your home for a long time or has contributed financially, the police may tell you to go through the eviction process.

Step 2: File an Eviction Lawsuit

If the person refuses to leave after the notice period, you must file an eviction lawsuit in justice court in the county where the property is located. This is also called a forcible detainer suit. You will need to pay a filing fee and provide proof that you gave the required notice. The court will then set a hearing date, usually within 10 to 21 days.

Step 3: Attend the Court Hearing

At the hearing, you must prove that you own the property and that the person has refused to leave after receiving proper notice. Bring copies of the lease, the notice to vacate, and any communications showing the person refused to leave. If the judge rules in your favor, the court will issue a judgment for possession, giving the person a deadline to move out.

Step 4: Request a Writ of Possession

If the person still does not leave after the court order, you must request a writ of possession from the court. This allows the constable or sheriff to physically remove the person from your home. Law enforcement will post a 24-hour notice on the door before coming back to remove them. This is the final step in the legal process.

What Not to Do

You cannot force the person out by turning off the utilities, changing the locks, or removing their belongings. Doing so is illegal and can lead to fines or even a lawsuit against you. The legal process takes time, but it is the only way to remove someone without facing legal consequences yourself.

Evicting someone from your home in Texas requires patience and a clear understanding of the law. Missing a step can lead to delays or even legal trouble. If you need help with an eviction, contact Bourlon Law Firm. We can guide you through the process and protect your rights. Visit Bourlon Law Firm today to learn more.