How to get an eviction notice in your city

When it comes to the eviction process, the city of Austin has a different approach than the rest of the country. 

In Austin, a landlord can evict a tenant for reasons that are far less clear-cut. 

Here’s how.1.

When can an eviction take place?

In most cities, landlords must give the tenant 72 hours notice to vacate before they can take legal action against the tenant. 

The 72-hour notice can be extended by the landlord if there’s a serious safety hazard. 

But in Austin, there’s no longer a 72-hours notice requirement, according to a spokesperson for the city’s Housing and Community Development Department. 

If the landlord doesn’t give the notice, the eviction is automatically granted.2.

Can I evict without a court hearing?

Yes.

The eviction process can take up to 10 days and a hearing can be scheduled if the tenant fails to show up at the hearing, according the Housing and Urban Development Department’s website. 

“You will be given a copy of the lease with the eviction notice,” the spokesperson said. 

Once a landlord vacates the premises, the landlord can go forward with the process.3.

Is there a list of rules for landlords to follow?

The Austin City Code doesn’t set a specific eviction procedure, but it does say that landlords should follow the following steps in order to evict a rental property:1.

Contact the tenant to ask about their rights and responsibilities, such as giving notice of a notice of intent to vac.2, “If the tenant refuses to comply with the terms of the notice of intention to vac, then the tenant can terminate the lease by contacting the property management firm.” 

3.

Make a copy of the notice and keep it with the tenant for up to two years. 

4.

Provide the tenant with the following documents, including: A signed and dated statement of the rental agreement and a copy. 

A copy of any documents the tenant has signed with the landlord, such to a lease, deed, rent payment or other written agreement. 

Any other documents the landlord needs to prove that the property is being used for rental.5.

If the tenant agrees to the terms and conditions of the termination, send the tenant a signed written agreement explaining the terms.6.

If a landlord doesn´t comply with these terms and has not complied with the provisions of the contract, the tenant may ask the court to order the landlord to give the property back.7. 

Give the tenant two weeks to pay the rent and the property may be returned to the tenant as long as it’s in the lease or a rental agreement.8.

If no agreement has been made by the tenant and the landlord does not comply with those terms and condition, the court can order the tenant or the landlord’s agent to return the property to the property owner or the property manager.9.

If there is a legal dispute between the landlord and the tenant, the Court of Criminal Appeals may order the eviction.10.

If you are in an eviction proceeding, the City of Austin provides an eviction guide.11. 

What happens if the landlord loses?

If a tenant fails or refuses to pay rent, the property can be returned by the property, landlord or the tenant´s agent. 

However, the following things are required for the property: The property owner must notify the court of the eviction within 30 days after the landlord files the eviction complaint with the court.

The tenant must pay the landlord the amount due within 30 business days after receiving the notice.

The property must be returned in accordance with the order of the court if the property has been subject to a court order or the law of the state of Texas.12.

If the landlord fails to pay within 30 calendar days, the owner may seek court approval to have the property forfeited.13.

If an owner files a motion to vacating a property after it has been vacated, the state’s courts can grant the motion.14.

If any of the following apply, the case may go to trial:The property must not be subject to an order of a court of competent jurisdiction for at least 60 days.

The owner must obtain a court ruling for the order to be valid.

The court must issue a final order of vacating the property within 60 days after giving the tenant the 60-day notice required by law.

The case will go to a trial court within 180 days after a court orders a stay or judgment to be entered on the property.15.

If both parties agree to a temporary stay, the stay may last up to 180 days. 

16.

What if the eviction doesn´ t work out?

If the court doesn´tt find the landlord guilty of violating the eviction law, the owners rights and the tenants rights can be taken back to court for a hearing. 

That hearing may be conducted by an Austin Municipal Court judge, the same judge who