If you own a rental property in Fort Worth, you’ve likely wondered what would happen if a tenant stopped paying rent or broke the lease. While most tenant relationships are positive, sometimes landlords face the difficult task of legally evicting tenants.
The eviction process in Texas isn’t something you can rush; the Texas Property Code highly regulates it, and skipping steps can lead to delays, extra court costs, or even having your eviction case thrown out.
Here are three things you’ll walk away with from this guide:
- How the formal eviction process works step by step in Fort Worth.
- What Every Landlord Needs to Know About Eviction Lawsuits and Court Hearings.
- Why partnering with a reliable property manager can save you time, money, and stress.
Step One: Serving a Proper Written Notice
The first step in any eviction is delivering a written notice to the tenant. This eviction notice informs the tenant why they’re being asked to leave, most often because of unpaid rent or a lease violation.
Under Texas eviction laws, landlords must give tenants at least three days to vacate voluntarily, unless the lease states explicitly a different notice period. You can deliver this notice by handing it to the tenant, mailing it via certified mail, or posting it on the main entry door of the rental unit.
This step is critical: without proper notice, your eviction case may never make it past the first stage in justice court.
Step Two: Filing the Eviction Suit in Justice Court
If the tenant ignores your notice and doesn’t pay rent or move out, the next step is filing an eviction suit (also called a forcible detainer suit) in Tarrant County Justice Court.
When the landlord files this suit, here’s what happens:
- Court papers are prepared, and the lawsuit is filed.
- The tenant is formally served with the eviction notice through official channels.
- The court schedules a hearing date, usually within 10–21 days.
At this point, both the landlord and tenant can prepare evidence for the court hearing. Tenants may file a written answer, while landlords must prove they met all legal requirements.
Step Three: The Eviction Hearing
The eviction hearing is your chance to explain the situation to the judge. As a landlord, you’ll need to bring:
- A copy of the written lease or tenant’s lease.
- Rent records that show what the tenant owes.
- A copy of the eviction notice, along with proof of its correct delivery.
If the tenant fails to appear, the judge may issue a default judgment in your favor. Otherwise, both sides will present their cases before the judge rules. If you win, the court enters an eviction judgment granting you the right to recover possession of your real property.
Step Four: Appeals and County Court
Tenants sometimes appeal an eviction judgment, which moves the case from justice court to county court. Here, the rules of civil procedure are more formal.
Appeals can be time-consuming and may involve attorney fees or even reasonable attorney’s fees awarded to the winning party. Having legal counsel or a knowledgeable property manager by your side can make a massive difference if your case goes this far.
Step Five: Enforcing the Court Order
Winning an eviction lawsuit doesn’t always mean the tenant leaves right away. If the tenant refuses to move after the court order, you’ll need to request a writ of possession.
This writ authorizes the constable to remove tenants and handle the tenant’s property according to Texas law. As the landlord, you’re not allowed to move belongings out yourself; doing so could result in a civil penalty.
With the writ enforced, you finally regain control of your landlord’s property.
Why Preparation Is Everything
Many landlords lose cases not because they’re wrong, but because they didn’t prepare. To avoid setbacks, keep the following in order:
- A clear copy of the lease agreement.
- Detailed rent records and notes on lease violations.
- Proof that proper notice was delivered to the tenant.
Following these legal forms and procedures gives you a much better chance of having the court rule in your favor.
The Property Manager Advantage
Handling tenant evictions yourself is stressful. Between court proceedings, civil procedure, and piles of court papers, it can feel overwhelming. This is where a skilled property manager makes all the difference.
A property manager can:
- Serve eviction notices in compliance with Texas eviction laws.
- File the detainer suit correctly and on time.
- Attend the peace court or justice court on your behalf.
- Ensure you don’t miss critical steps that could get your eviction case thrown out.
Beyond the eviction itself, a property manager also helps you fill the vacancy quickly with reliable tenants, reducing downtime for your rental property.
Final Section: Protect Your Investment with Confidence
The truth is, tenant evictions are part of being a landlord. But with the proper knowledge and preparation, you can navigate the legal process smoothly, protect your real property, and avoid costly mistakes.
At 1st Choice Property Management, we assist Fort Worth landlords throughout the entire formal eviction process, from issuing the standard notice period to representing you in justice court and ensuring compliance with Texas law. Our goal is to reduce stress, save you money, and keep your investment protected.
Ready to safeguard your rental business? Contact us today or explore our Services to see how we can support your success.
FAQs: Tenant Evictions in Fort Worth
Q1: How quickly can I evict a tenant who doesn’t pay rent?
You must give at least a three-day notice period (unless the lease specifically states otherwise) before filing an eviction suit.
Q2: Do I need an attorney to file an eviction?
Not always, but having legal counsel is smart, especially if the case moves to county court or the tenant has a strong defense.
Q3: What happens if the tenant still won’t leave after I win?
You’ll need a writ of possession. The constable will enforce the eviction order and remove tenants from your rental unit.
Q4: Can the tenant appeal my eviction judgment?
Yes. The case would move from the justice court to the county court, where civil procedure applies, and the judge sets the hearing date.
Q5: What documents should I bring to the eviction hearing?
Bring the lease agreement, rent records, proof of the eviction notice, and any evidence of a lease violation.
