I'm not a attorney yet, but...there are options available to you in the event you fall on hard times and must find ways to prevent your landlord for obtaining a judgment and eviction against you in court.
This is not meant as legal advice or representation
1. Understanding the Eviction Process in Texas
Understanding Texas eviction laws.
The Texas Property Code governs evictions in chapters 24 and 91, as well as the Texas Rules of Civil Procedure.
Section 24.005
Chapter 91.001-91.005
Key terms related to eviction that tenants and landlords should know.
Notice to Vacate- Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing. The federal CARES Act requires a 30 day notice in certain evictions where the property participates in certain federal programs or the property owner has a federally-backed mortgage. (Source)
Breach-In a property lease, a "breach" means when either the landlord or tenant fails to fulfill their obligations outlined in the lease agreement, essentially breaking one or more of the terms specified within the contract, which could include not paying rent on time, causing damage to the property, or subletting without permission.
Default - A “default” is a failure to comply with a provision in the lease. “Curing” or “remedying” the default means correcting the failure or omission. A common example is a failure to pay the rent on time.
The timeline of eviction proceedings from notice to court appearance.
Once the time stated in the notice to vacate has passed, a landlord can file a suit to evict. This can be as soon as after 3 days of the posting of the notice to vacate and many landlords will file just that soon. The landlord will file the initial suit in the Justice of the Peace court where the property is located. Once the suit has been filed, the tenant must be served with papers at least 6 days before the trial. A sheriff or constable may serve the tenant with papers by delivering them to the tenant or to a member of the household who is 16 or older. If they have tried to deliver papers twice and are unsuccessful, a judge can allow the landlord to serve the tenant in another method. Other methods include slipping it through a mail slot, slipping it under the front door, or affixing it to the front door. In justice court, the tenant is not required to file a written answer. They are allowed to do so if they disagree with the claims in the suit. If you do not file an answer, you will need to show up to the hearing or risk a default judgment against you and in favor of the landlord.
The hearing will be set for no sooner than 10 days after the suit was filed and no later than 21 days. You have the right to request a jury for your hearing. This request must be made at least 3 days before the trial. After the hearing, a judgment will be issued. If the court rules against you, you will have the opportunity to appeal before your property is removed from the rental.
2. Importance of Communication to prevent filing of an eviction
Maintain active and transparent open communication between your landlord and yourself, it shows good faith. If you are unable to pay or may be late let your landlord know. It's better to ask for permission than forgiveness.
Strategies for effective conflict resolution before eviction becomes necessary. There are a few apps that assist in providing payment plans or allow you to pay over time your rental amount. Check out these helpful apps in the section below.
Document everything!! You want to make sure you are covered completely. The magistrate will want evidence to prove your claim. Cover yourself by making sure to document your conversations and actions taken by the Landlord in black and white. If you have any concerns consult with an attorney.
3. Payment Plans and Financial Assistance
Here are a few applications you can download that may be helpful in providing flexible payment options for your rent.
There are a social service resources available for financial assistance in Texas. You can find organizations and churches that provide rental assistance in your neighborhood by calling 211 or at Texas Apartment Associations website.
How to approach landlords for negotiation on payment terms.
4. Understanding Tenant Rights
So what are your rights? Your landlord MUST provide you with a notice to vacate. You must be notified that they would like you to vacate the premises and what you did that is the reason for your default or breach. The notice to vacate must include the amount of time the tenant has to move out or fix a certain problem before an eviction suit is filed.
If you fall on hard times which prevent prompt payment of the rent of course you may not be able to afford the cost associated with defending an eviction suit but thankfully the Texas Property code addresses this issue. If a tenant in a residential eviction suit is unable to pay the costs of appeal or file an appeal bond as required by the Texas Rules of Civil Procedure, the tenant may appeal the judgment of the justice court by filing with the justice court, not later than the fifth day after the date the judgment is signed, a pauper's affidavit sworn before the clerk of the justice court or a notary public that states that the tenant is unable to pay the costs of appeal or file an appeal bond.
The affidavit must contain the following information:(1) the tenant's identity;(2) the nature and amount of the tenant's employment income;(3) the income of the tenant's spouse, if applicable and available to the tenant;(4) the nature and amount of any governmental entitlement income of the tenant;(5) all other income of the tenant;(6) the amount of available cash and funds available in savings or checking accounts of the tenant;(7) real and personal property owned by the tenant, other than household furnishings, clothes, tools of a trade, or personal effects;(8) the tenant's debts and monthly expenses; and(9) the number and age of the tenant's dependents and where those dependents reside.(b) The justice court shall make available an affidavit form that a person may use to comply with the requirements of Subsection (a).(c) The justice court shall promptly notify the landlord if a pauper's affidavit is filed by the tenant.
It is super important to be aware of your tenants rights. The agreement between the Landlord and Tenant gives the tenant the right to possession for the duration of the lease. If the Landlord wants to come back and regain possession they must follow and adhere to these provisions to evict you properly and re-enter the premise.
5. The Impact of Eviction on Tenants and Communities
We must understand the broader impact of eviction on individuals and families. An eviction gives the landlord the right to dispossess you of your interest in land. The contract confers upon you a lease to possess the land for the duration allotted in the contract for the consideration that you will fulfill your contractual obligation to pay rent. If you fail to do that your landlord may obtain a writ of possession after a final judgment.
A Writ of Possession is an order from the Court which has previously made a ruling in favor of a landlord in an eviction case. The Writ directs the constable to seize or take control of the premises subject to the order and turn it over into the landlord’s possession. In other words, the constable will be forcing the tenant out who has refused to vacate after the Court has ordered the eviction. A tenant who does not vacate is ignoring or not respecting the ruling of the Judge who ordered the eviction. In our legal system, court orders are binding on the individuals subject to the order. The constable has a duty to serve the Court and will enforce the Court’s order
Tenant will not be allowed inside the premises once the constable arrives and the forced eviction begins. Landlord will usually change the locks on the doors. Any personal property that the tenant has not removed when the constable arrives will be handled according to provisions in the Texas Property Code. The Property Code states that the tenant’s possessions can be moved to the curb or beside the street. This is the procedure in this jurisdiction. All personal property will be moved by the landlord or his agent(s) out to the street. Neither the constable nor the landlord will take or keep any of the evicted tenant’s property.
6. Preparing for Court If Necessary
If you do not vacate the property and the landlord files an eviction, the next thing that will happen is you will receive a citation, issued by the court, which is a notice that tells you that you are being sued. The petition was created by the plaintiff and will provide details of why the plaintiff is evicting you, and how much back rent, if any, they are suing for. The citation should contain your trial date, which will be between 10 and 21 days from the day the landlord filed the case. If it does not contain your trial date, contact the court to find out when it is. If you need more time for trial or have a conflict with the date that the trial is scheduled, you can file a motion (request) for postponement, also called a continuance. You should explain in writing why you need the postponement. In eviction cases, the case can’t be postponed for more than 7 days unless both sides agree in writing. (Source)
Document and gather evidence and witnesses to support your case.
"The court is not allowed to give you advice on whether you will win a case or not, what to say in court, or what steps you should take to win your case or avoid paying a judgment. This is legal advice. Questions the court can answer for you are questions like “What do I need to do to have a jury trial?” or “How many days do I have to file an appeal?” Questions the court cannot answer for you are questions like “Should I just move out instead of going to court?” or “Is it a good idea to get a jury for this case?” or “Am I going to win?” If, after reviewing these materials and the rules for eviction cases, you still are not sure what to do, it may be best to talk to an attorney."
Conclusion
In summary, your landlord must provide a notice to vacate to notify you of the time you must vacate and how you can cure the default or breach.
Try to be proactive with matters regarding paying rent, violating the lease, or subleasing the property without your landlord's consent.
Document everything and gather evidence in the event you have to defend yourself in court. Understand your tenants rights and that you must represent yourself in court unless you hire an attorney who is the representative to the court on your behalf. The court cannot give you legal advice or the outcomes of your case.
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