Your home is a source of comfort and security. Unfortunately, some landlords may attempt to bypass proper legal procedures, leaving you vulnerable to a sudden eviction. Understanding your rights during a wrongful eviction can help you take action and protect your home.
What is wrongful eviction under Texas law?
Wrongful eviction is the forceful removal of a tenant from a rental property without undergoing the proper legal process. In Texas, landlords must file a petition for eviction with the court before you can be forced out. According to the Texas Property Code, examples of wrongful eviction include:
- Changing the locks without a court order
- Cutting off utilities such as electricity, water or gas
- Failing to provide proper notice before filing for eviction
- Skipping the court process altogether
What are your rights as a tenant?
As a tenant, you have the right to receive written notice before your landlord files an eviction case. Texas law also protects you from retaliatory eviction, meaning your landlord cannot evict you for exercising your rights. For example, if you report a pest problem on the property, your landlord cannot simply remove you afterwards.
Both federal and state laws also prohibit eviction based on discrimination such as those involving race, religion or disability. These protections ensure that landlords cannot misuse the eviction process to treat tenants unfairly.
Can you receive compensation for wrongful eviction?
Texas allows you to pursue compensation for wrongful eviction. Courts may award damages to cover the costs of finding new housing, moving expenses and related financial losses. In some cases, you may also recover compensation for emotional distress or inconvenience due to your landlord’s actions.
Immediate steps you can take
If you are facing an eviction dispute with your landlord, there are ways to build your defense. First, document all interactions with your landlord. This includes notices, messages, as well as photographic evidence of lockouts and utility shutoffs.
It is also advisable to remain in the property unless a court order is issued. Voluntarily leaving may affect your case later on. Moreover, if your eviction dispute involves discrimination or retaliation, you may file a complaint with the appropriate housing authority.
To better understand the protections available to you, consider seeking legal counsel to go over your circumstances and determine the best course of action.
