NBC DFW reports that Fort Worth is experiencing an increasing eviction issue. A city staff report states that nearly 46,000 eviction filings were recorded in 2023.
Evictions are often a last resort for property owners, but knowing how the process works can make a big difference. In this article, we'll explain how evictions work and share practical tips for landlords to avoid common mistakes.
The Tenant Eviction Process
The tenant eviction process in Dallas, Fort Worth, is governed by state and local laws. Here's an overview of what property owners need to know:
Eviction notice
The process begins with an official eviction notice to the tenant. In Texas, the type of notice depends on the reason for eviction. Standard notices include:
- Pay or quit notice, issued when a tenant fails to pay rent
- Cure or quit notice, given for lease violations, such as damaging property
- An unlawful detainer notice when a tenant refuses to leave after the lease has ended
Eviction Lawsuit Filing
If the tenant does not comply with the notice, you need to file an eviction lawsuit with the local justice court. The court will then set a hearing to decide if the eviction is warranted.
Court Hearing and Judgment
At the hearing, the landlord and tenant can present their cases. If the court rules for the landlord, it will grant a ruling for possession, enabling the landlord to proceed with the eviction.
Writ of Possession
If the tenant stays on the property, the landlord can ask for a writ of possession from the court. This order permits the removal of the tenant.
Enforcement
The final step involves the sheriff executing the writ of possession. This means removing the tenant and their belongings from the rental property.
Landlord Rights and Responsibilities
As a property owner, knowing your rights is essential during an eviction. These include:
- You can collect rent and pursue eviction if the tenant fails to pay
- You must keep the property in good condition
- Follow the legal process and give notice of eviction
It is also crucial to understand your responsibilities, such as handling security deposits and ensuring you do not engage in self-help eviction methods, like changing locks without legal authority.
Avoiding Eviction Pitfalls
Preventing eviction situations can save time and money. Here are some tips for avoiding common eviction pitfalls:
- Do background checks and credit evaluations before signing a lease.
- Draft clear lease agreements detailing responsibilities
- Maintain open lines of communication with tenants
- Do regular property inspections
- Consult a property management professional or attorney for legal compliance
Navigating Evictions Successfully in Dallas Fort Worth
Understanding your rights as a landlord in Dallas, Fort Worth, during evictions is vital for effective rental property management. Following proper procedures and taking proactive steps to avoid evictions can ensure a smoother rental experience and protect your investment.
Partner with Red Team Real Estate for expert guidance on managing evictions. Founded in 2012, our Fort Worth-based team is dedicated to providing client-centric service and building long-term relationships. Contact us today, and let us handle your rentals professionally.
