According to the Bell County, TX, Government, evictions can cost landlords $154 in filing fees, and that's only for one tenant getting evicted. Landlords must also account for jury fees ($22), a writ of possession ($180.00), a writ of re-entry ($234.00), and an abstract of judgment ($5). They already total $595 but don't even include unpaid rent.
So, evictions, being expensive, aren't always the first choice of landlords. However, as a Killeen, TX, tenant, this doesn't mean you should be lax. Instead, you should learn the top eviction protection strategies to safeguard yourself in such a situation.
The PMI Phantom Realty team has shared what you need to know in this guide, so read on.
Understand Tenant Rights Protection Laws
According to the Texas State Law Library, landlords cannot evict tenants without going to court and filing an official eviction suit. Before filing one, they must issue tenants a three-day advance notice to vacate. If the tenant doesn't move out on the third day, the landlord can file the case the following business day.
The tenant can remain on the property until the court issues the landlord a writ of possession. Issuing this writ can take a few weeks after the landlord files the suit.
During the eviction proceedings, landlords cannot take "self-help" eviction and housing security measures, such as:
- Changing the locks on the property
- Shutting off utilities
- Physically or forcibly removing the tenant and their belongings
If your Killeen landlord does anything that goes against the above, they've violated Texas Property Code §§ 92.008. You can sue your landlord in this case.
Filing an Eviction Notice Response
When you receive an eviction notice, file an answer immediately. Doing so makes it mandatory for the judge to review the evidence before deciding the outcome. Your answer should explain why the judge shouldn't evict you.
An example of a valid legal eviction defense is if your landlord failed to follow due process. For instance, they didn't give you proper notice regarding the eviction. Or, they may have entered the rental multiple times without your consent, claiming it was for property inspections.
Another example is your landlord has breached their agreement with you. For instance, you and your landlord agreed on a partial rent payment or payment plan, but they decided to evict you anyway.
You can also use instances when your landlord failed to conduct necessary property maintenance and repairs. As outlined in Texas Property Code §§ 92.008, landlords must provide tenants with a safe, habitable dwelling unit. Therefore, failure to maintain and repair their property violates state laws.
Keep These Eviction Protection Strategies in Mind
Now that you know more about your eviction protection options, you can better safeguard yourself if your landlord ever tries to evict you. If you must leave, consider moving to a better, more affordable rental in Killeen, TX.
Our family-operated, local real estate and property management company, PMI Phantom Realty, can help. We work with reliable and fair landlords who follow all rental housing laws. Our general manager, Monica Graves, is a veteran who has served in the Army for 12 years and is ready to assist you in finding your next dream home.
Call us today, and we'll happily assist and guide you in securing the perfect rental that suits your needs and budget!
