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LEASE VIOLATIONS

How to Legally Remove a Tenant for Breaking the Lease or Refusing to Move Out

Not all evictions are about unpaid rent. Many landlords begin the Texas eviction process because a tenant has violated the lease agreement or refuses to vacate after the lease term expires.

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If you are searching for:

  • How to evict a tenant in Texas for lease violations

  • Evict holdover tenant Texas

  • Texas eviction process after lease expiration

  • File eviction in Texas courts for lease breach
     

this guide explains exactly how Texas eviction laws apply in these situations.

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CheapEvictions123.com provides professional Texas eviction services that help landlords regain possession quickly while complying with Texas Property Code eviction requirements.

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Part 1: Evicting a Tenant
for Lease Violations in Texas

What Qualifies as a Lease Violation?

A lease violation occurs when a tenant fails to comply with the written lease agreement.

Common lease violations include:

  • Unauthorized occupants

  • Unauthorized pets

  • Property damage

  • Illegal activity

  • Repeated disturbances

  • HOA violations

  • Subleasing without permission
     

Under Texas eviction laws, a landlord may terminate the tenancy for material lease violations.

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Step 1: Review the Lease Agreement

Before starting the eviction process in Texas, carefully review the lease terms.

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Key questions:

  • Does the lease define the violation?

  • Does the lease require written notice to cure?

  • Is there a grace period?
     

Some violations require an opportunity to cure. Others may allow immediate termination depending on lease language.

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Step 2: Serve a Notice to Vacate for Lease Violation

Texas Property Code eviction rules require a written notice to vacate before filing in court.

The eviction notice Texas landlords serve for lease violations must:

  • Be in writing

  • Identify the violation

  • Provide the deadline to vacate

  • Be delivered properly
     

In most cases, at least 3 days notice is required unless the lease specifies otherwise.

Proper delivery methods include:

  • Personal delivery

  • Certified mail

  • Delivery to someone over 16 at the residence

  • Posting inside the main entry door

  • Secure exterior posting when permitted
     

If the eviction notice Texas courts review is defective, the case may be dismissed.

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Step 3: File Eviction in Texas Courts

If the tenant fails to vacate after notice expires, the landlord may file a forcible detainer action in the Justice of the Peace Court.

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The petition must include:

  • Tenant names

  • Property address

  • Description of lease violation

  • Request for possession
     

This formally begins the Texas eviction process.

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Step 4: Court Hearing for Lease Violations

At the hearing, the landlord must prove:

  • A valid lease exists

  • The tenant violated a material term

  • Proper notice was given

  • Notice was delivered correctly
     

Bring:

  • Signed lease

  • Copy of notice

  • Proof of delivery

  • Photos or written evidence of violation

  • Witness statements if applicable
     

If the judge rules in your favor, you receive a judgment for possession.

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Step 5: Appeal Period and Writ of Possession

The tenant has five calendar days to file an eviction appeal Texas courts recognize.

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If no appeal is filed, the landlord may request a Writ of Possession Texas courts issue.

Only the constable may execute the writ.

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Self help eviction actions violate Texas eviction laws.

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Part 2: Holdover Tenant
Evictions in Texas

A holdover tenant is one who remains in the property after:

  • Lease expiration

  • Proper termination of a month to month tenancy

  • Notice of nonrenewal
     

Many landlords mistakenly believe they can simply change the locks once the lease expires. That is incorrect.

Even after expiration, you must follow the full Texas eviction process.

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Step 1: Provide Notice of Nonrenewal

For month to month tenancies:

  • Notice is typically required under the lease terms

  • Often 30 days written notice
     

After the termination date passes, if the tenant refuses to vacate, they become a holdover tenant.

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Step 2: Serve Notice to Vacate

Once the tenancy ends, you must serve a written eviction notice Texas law requires.

Typically:

  • 3 day notice to vacate unless lease specifies otherwise
     

Failure to provide notice can delay the eviction timeline in Texas.

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Step 3: File Forcible Detainer Action

If the tenant remains after notice expires, you may file eviction in Texas courts.

The procedure mirrors nonpayment cases:

  • File petition

  • Serve citation

  • Attend hearing

  • Obtain judgment

  • Request writ of possession
     

 

How Long Does It Take to Evict a Holdover Tenant in Texas?

Typical uncontested timeline:

  • 3 day notice

  • 10 to 21 days to hearing

  • 5 day appeal window

  • Several days for writ execution
     

Total: Approximately 3 to 5 weeks.

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If the tenant files an eviction appeal Texas courts must process, the timeline extends.

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Special Considerations for Lease Violations and Holdover Cases

 

Criminal Activity

Some leases allow immediate termination for certain criminal conduct.

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HOA Violations

Landlords remain responsible to HOAs and may need prompt enforcement.

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Commercial Lease Violations

Commercial eviction terms may differ based on contract language, though Chapter 24 of the Texas Property Code still governs forcible detainer actions.

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Common Mistakes Landlords Make

  1. Failing to follow lease specific notice requirements

  2. Filing before notice period expires

  3. Accepting rent after termination without documentation

  4. Attempting lockout without statutory compliance

  5. Attempting self help eviction
     

Each mistake can delay how long it takes to evict a tenant in Texas.

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Why Professional Texas Eviction Services Help

Lease violation and holdover cases often require more documentation than simple nonpayment cases.

Professional tenant eviction service coordination ensures:

  • Proper eviction notice Texas compliance

  • Accurate documentation of violations

  • Correct court filing

  • Efficient writ of possession Texas coordination
     

CheapEvictions123.com assists landlords through every step of the Texas eviction process.

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Frequently Asked Questions

  1. Can I evict a tenant for breaking the lease in Texas?
    Yes, if the violation is material and proper notice is provided.
     

  2. How much notice is required for a lease violation?
    Typically 3 days unless the lease specifies otherwise.
     

  3. Do I have to give the tenant a chance to fix the violation?
    It depends on lease language and the nature of the violation.
     

  4. Can I change the locks after the lease expires?
    No. You must follow the full Texas eviction process.
     

  5. What is a holdover tenant in Texas?
    A tenant who remains after the lease term ends or after proper termination notice.
     

  6. How long does it take to evict a holdover tenant?
    Generally 3 to 5 weeks if uncontested.
     

  7. What proof do I need in court for lease violations?
    Lease agreement, copy of notice, proof of delivery, and evidence of violation.
     

  8. Can I accept rent after giving notice to vacate?
    Acceptance of rent may affect termination depending on circumstances.
     

  9. What happens if the tenant files an appeal?
    The case moves to County Court and the timeline extends.
     

10. What is the final step in removing a holdover tenant?
      Execution of the writ of possession Texas courts issue.

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