Leasing commercial property can come with complications, especially when a tenant fails to uphold the terms of their lease. In Texas, evicting a commercial tenant involves a structured legal procedure. Skipping steps or misinterpreting the process can delay resolution and increase costs.
Examine the lease agreement carefully
Begin by reviewing the lease terms. Most commercial leases outline procedures for default, notice requirements, and opportunities to cure a breach. Follow these provisions precisely. If the lease allows a grace period or demands prior written notice, you must comply with those obligations before proceeding.
Deliver formal written notice
Texas law requires that you serve a written notice to vacate before initiating eviction proceedings. In commercial tenancies, the required notice period is typically shorter than in residential cases. Unless the lease specifies a longer period, a three-day notice is sufficient. This notice should clearly explain the basis for the eviction and give the tenant the opportunity to vacate or cure the default.
Initiate legal action through the court
If the tenant fails to respond or comply, the next step is filing an eviction lawsuit in the justice court located in the county where the property is situated. Include relevant documentation such as the lease, the notice to vacate, and evidence of breach. The court generally schedules a hearing within 10 to 21 days. At the hearing, you’ll need to present your case and support your claims with proper documentation.
Request a writ of possession if necessary
If the court rules in your favor and the tenant still refuses to vacate, you may request a writ of possession. This court order authorizes the constable to physically remove the tenant from the premises. Do not attempt to remove a tenant yourself, only law enforcement may enforce this order.
Use well-drafted leases that define consequences for non-compliance, notice procedures, and recovery options. Careful tenant screening and clear documentation help protect your investment.