Wilson Law Group P.C.

Board Certified Texas Attorney

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Wilson Legal Group P.C.
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
Telephone: 972-248-8080

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Practice Areas - Complex Litigation

Real Estate - Evictions

An eviction is a court action a landlord must use in order to remove a tenant from a place of residence such as a house or apartment.  In order for any legal action to be taken against the tenant, the landlord must give full written notice to the tenant before seeking to evict them.  This notice comes by way of a Notice To Quit, a single document, signed by the landlord or his or her attorney and delivered by a state marshal, which states the reason for eviction and commands that the tenant vacate the premises by a prescribed date.  If one does not proceed as instructed, the landlord may begin the act of eviction by issuing a Summons And Complaint to be delivered to the tenant by a state marshal.  This document contains an official court order and explains the action against the tenant and what actions must be taken to protect tenant rights.  The Summons And Complaint also requires that the tenant or his or her attorney file an Appearance with the court.

Many legal grounds for evictions exist depending on whether the tenant holds a written or oral lease.  Those possessing the former can be evicted for non-payment of rent, tenant violations of written terms, expiration of a lease or breakage of a serious law such as prostitution or buying or selling of drugs.  In place of a written lease, a tenant may hold either a month-to-month or week-to-week oral lease.  Those holding a month-to-month lease can be evicted for failure to pay rent by the 10th day of the month, failure to pay at the end of the month if the landlord wishes to terminate the tenancy, and for violations pertaining to written leases.  Additionally, those holding a week-to-week lease can be evicted for failure to pay by the 5th day of the week or failure to pay by the end of the week if landlord wishes to terminate tenancy and those violations pertaining to all leases.

In some cases, the landlord can be responsible for compensation payment to the tenant if the eviction is unlawful.