Texas Tenant Eviction Process

Summary

The user is a landlord in Texas dealing with tenants who are behind on rent. The user was advised on the eviction process in Texas, which includes providing a 3-day notice to vacate before filing an eviction lawsuit. The user was also informed about the costs associated with eviction, including filing and service fees. The user was directed to the Texas Justice Court Training Center website and the Texas eFile system for more information on filing an eviction lawsuit. The user also discussed a separate issue regarding the legal guardianship of their younger brother in Mexico. The user was advised to seek legal advice from a U.S. Attorney specializing in international family law and was provided information on free or low-cost legal aid services in Texas. The user was also advised on the importance of having a valid passport or visa for legal entry into the U.S. And the possibility of applying for legal guardianship of their brother in Mexico. The user was further advised on government assistance programs in Texas, including unemployment benefits and the Section 8 Housing

Full Conversation

so I have tenants who are behind in rent
What state are you in, Juliana? The eviction process varies by location.
\texas
What is the duration of the rent arrears? In Texas, landlords must provide a *-day notice to vacate before filing an eviction lawsuit.
what do you mean
How long have your tenants not paid their rent?
since last month when they only gave me * out of the * and now this month just one day late from the due date
Have you already provided them with a *-day notice to vacate? In Texas, this is a necessary step before filing an eviction lawsuit.
no
As a landlord in Texas, you must provide a *-day notice to vacate before filing an eviction lawsuit. This is a necessary step in the eviction process.
how can i do this if there is a contract present
Even with a contract, if tenants violate terms (like not paying rent), you can issue a notice to vacate. Consult your lease agreement for specific procedures.
can i get police involved?
In Texas, police typically don't get involved in civil matters like eviction. It's best to follow the legal eviction process:

- Issue a *-day notice to vacate
- File an eviction lawsuit if necessary.
what if the tenants are non responded
If the tenants do not respond to the notice, you can proceed with filing an eviction lawsuit in your local court. In Texas, it's the Justice of the Peace Court.
since I have no contact with the tenants can I go to the property
Have you tried all possible means of communication with your tenants? In Texas, landlords can enter the property for repairs or emergencies, but must give notice.
yes i even tried to get in contact with the mother of the tenant but no reply
Have you documented all your attempts to contact the tenant? This could be useful if you proceed with an eviction lawsuit.

Justice of the Peace Court, Texas: (*) *-*.
i have all the text conversations on my phone
That's good. Keeping a record of all communication attempts can be helpful in court. Have you considered seeking legal advice from a local attorney?
what if the tenant becomes rude and disrespectful towards me
Have they threatened or caused physical harm? If so, you may want to consider contacting the police. In general, it's best to communicate in writing for record-keeping.
no but my next-door neighbors and tenants have come to me with complaints from them
What kind of complaints are your neighbors and other tenants making about these particular tenants?
gunshots sound, uncut lawns, too much noise during the middle of the night, and their dogs walking around in the neighbors
What actions have you taken regarding these complaints? In Texas, landlords can enforce lease terms related to noise and property maintenance.
nothing but i told the neighbors to call the cops
Did the police respond to the complaints? If so, what was the outcome?
I'm not sure
You may want to follow up with your neighbors to see if the police responded and what actions were taken.
alright thank you no more questions
You're welcome, Juliana. If you have any more questions in the future, feel free to ask. Good luck with your situation.
hey
Hello again, Juliana. How can I assist you further with your legal issue today?
yeah so how much does it cost to do a evict my tenants
The cost of eviction can vary, but in Texas, it typically includes a filing fee of around $* and service fees. Do you need information on how to file an eviction lawsuit?
yes but can you give me the link to it
You can find the information on how to file an eviction lawsuit in Texas on the Texas Justice Court Training Center website. Here is the link: [Texas Eviction Process](https://www.tjctc.org/tjctc-resources/evictions.html)
I want the cheapest way to do it cause I already checked one website and it was over *
What website did you check? The cost can vary depending on the county, but generally, the filing fee in Texas is around $* and service fees can be around $*-$*.
texas eviction
Did you check the official Texas Justice Court Training Center website? The fees there are usually lower.
no
I recommend checking the official Texas Justice Court Training Center website for accurate information on eviction lawsuit filing fees. Here is the link: [Texas Eviction Process](https://www.tjctc.org/tjctc-resources/evictions.html)
website said page was not found
I apologize for the inconvenience. You can visit the official website of Texas Courts at www.txcourts.gov for accurate information on eviction lawsuit filing fees.
that website is confusing; i need a link to where i can file an eviction right away
You can file an eviction lawsuit online through the Texas eFile system. Here is the link: [Texas eFile](https://efile.txcourts.gov/).
is an eviction a civil case or a civil with real property
An eviction is typically considered a civil case involving real property.
what's a filling code for evction
The filing code for eviction in Texas is typically "Eviction Case". However, it's best to confirm with your local court or on the e-filing website.
hey so I have another problem but this is a different matter
What's the new legal issue you're facing, Juliana?
so my mom passed away back in * of October and me and my younger brother were left with her sisters
I'm sorry to hear about your loss. Could you please clarify what legal issue you're facing in relation to your mother's passing?
My mom
I'm sorry to hear about your mother. Could you please elaborate on the legal issue you're facing related to her passing?
sorry hold on
No problem, Juliana. Take your time. I'm here to help when you're ready to continue.
My mom's older sister want to claim legal guardianship over my brother even though there's no papers that my mom signed that she could do that
What is your brother's age and are there any other living relatives who could potentially take guardianship? In Texas, a court usually determines guardianship based on the best interest of the child.
my brother is * about to be * in march and no one else can take care of him that's not close blood for example my dad
Are you willing and able to take guardianship of your brother? In Texas, siblings can apply for guardianship if they are over * and can provide a stable environment.
I want to, but I'm barely * and i'm dealing with my own problems here in texas because my brother is in mexico
Is your brother a U.S. citizen or does he have legal status in Mexico?
he is, and he has all his important docs with him, well more like my aunt has them, he needs a new passport, but he can't get one because of this guardian issue
Who currently has legal guardianship of your brother in Mexico?
no one my mom didn't legally leave anyone in our family in charge of us
What steps have been taken so far to resolve the guardianship issue in Mexico?
my aunt has a lawyer
What is the lawyer's advice on this matter?
they are going base on who's been taking care of my brother
What is the current living situation of your brother? Is he living with your aunt in Mexico?
everything has been fine no problems until last year
Could you please elaborate on what problems arose last year?
maybe not last year but *
What specific issues arose in * regarding your brother's living situation or guardianship?
after my mom passed away things got difficult, my mom's sisters peer-pressured me to get into a private college and to just let things go from what my mom had in Texas, and of course, I was against it all, after things cooled down after that it was a matter where would we get money to keep supporting my brother's education, then things kept going down hill
I'm sorry to hear about your situation. Have you considered seeking legal advice in Mexico regarding your brother's guardianship?
I don't want help from people in mexico
Have you considered seeking legal advice from a U.S. attorney who specializes in international family law?
I want to but it'll cost me and I don't have that type of money to use like that
Have you looked into free or low-cost legal aid services in your area? They might be able to provide some assistance or guidance.
no
Would you like information on free or low-cost legal aid services in Texas that could help with international family law issues?
yes
You can contact Texas Legal Services Center (TLSC) at (*) *-*. They provide free legal assistance to eligible individuals.
they won't charge me anything if I want to hire a lawyer right away?
While some legal aid services like Texas Legal Services Center offer free legal assistance, it's usually based on income eligibility. It's best to contact them directly for clarification.
what could happen if I were to bring my brother here with me
If your brother enters the U.S. without proper documentation, it could lead to legal issues including deportation. It's best to consult with an immigration attorney for advice.
but he has his birth cerificate
Having a birth certificate is important, but does your brother also have a valid passport or visa for legal entry into the U.S.?
no
It's crucial for your brother to have a valid passport or visa for legal entry into the U.S. Have you considered applying for a passport or visa for him?
no cause as i said he needs to have a legal guardian
Have you considered applying for legal guardianship of your brother in Mexico, so you can then apply for his passport or visa?
I don't want him to have a mexican passport it would put him in a disadvantage
What makes you believe that having a Mexican passport would put your brother at a disadvantage?
because its a mexican passport he wouldn't be able to travel anywhere else but the US, besides I want him to have a american passport
What is your brother's citizenship status? If he was born in the U.S., he is eligible for a U.S. passport, regardless of where he currently resides.
he's the same like me born and raise in the states
If your brother was born in the U.S., he is a U.S. citizen and can apply for a U.S. passport. You may need to establish legal guardianship first.
I know that
Have you taken any steps towards establishing legal guardianship of your brother?
no because I don't have money nor a place of my own so I can take care of him
I understand your situation. Have you considered reaching out to social services for assistance with housing and financial support?
no, but a friend told me that the government can help me and him to get our own apartment
What is your current financial situation? In Texas, there are several government assistance programs that can help with housing costs, such as the Section * Housing Choice Voucher Program.
I'm unemployed but I get a side income from my tenants
Have you considered applying for unemployment benefits or other government assistance programs to supplement your income?
no because I wouldn
't qualify for it. Why do you believe you wouldn't qualify for government assistance programs?
wouldn't know where to start
You can start by applying for unemployment benefits through the Texas Workforce Commission. Here is the link: [Texas Unemployment Benefits](https://www.twc.texas.gov/jobseekers/unemployment-benefits-services)
ok I've only ever worked for only 3 days
Have you considered applying for other government assistance programs, such as food stamps or housing assistance?
I have food stamps not the other one
Have you considered applying for housing assistance, such as the Section * Housing Choice Voucher Program, to help with housing costs?
nope
You can apply for the Section * Housing Choice Voucher Program through the Texas Department of Housing and Community Affairs. Here is the link: [Texas Housing Assistance](https://www.tdhca.state.tx.us/section-*/index.htm)