How to Delay an Eviction in Texas

Here's what you can do to postpone your eviction, or maybe stop it altogether.

In Texas, you can be evicted for a number of different reasons, including not paying rent or violating the lease. However, there may be a few things you can do to postpone the eviction, or perhaps even stop it altogether.

Understanding Your Eviction Notice

If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Texas, you would generally receive one of two types of eviction notices, depending on the reason for the eviction:

  • Three-day notice to vacate: With this notice, you have three days to move out of the rental unit (see Tex. Prop. Code Ann. § 24.005).
  • Thirty-day notice to vacate: This notice can only be given if you have a month-to-month rental agreement. With this notice, you have 30 days to move out of the rental unit (see Tex. Prop. Code Ann. § 91.001).

It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not move out of the rental unit by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.

Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.

For more information on the evictions in the state, see The Eviction Process in Texas. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.

If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.

Talk to Your Landlord

If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.

Keep in mind that, in Texas, your landlord is not required to stop the eviction if you pay your rent or fix a lease violation. Once the landlord gives you an eviction notice, the landlord can proceed with the eviction no matter what you do. Because of that, if you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.

Attend the Eviction Hearing

If you do not move out of the rental unit and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord evicting you in retaliation to something you did. In Texas, a landlord cannot evict you for exercising a legal right, such as asking the landlord to make necessary repairs at the rental unit (see Tex. Prop. Code Ann. § 92.331). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Texas. You should also contact a lawyer to ensure you are using the best defenses available to you.

The court will schedule a hearing where you and the landlord can present your cases to a judge. Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.

For more information on the eviction process, see the Texas Tenant Advisor on evictions.

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