Eviction Lawyers in Austin, Texas
Eviction is the legal process by which a landlord removes a tenant from a rental property. Every state requires landlords to follow a specific procedure — typically written notice, a court filing, and a court order — though the steps and deadlines differ. Whether you're a tenant fighting an unjust eviction or a landlord who needs to reclaim your property, an attorney ensures the process is handled correctly.
Eviction Law in Texas
Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.
Key Texas Statutes
- Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
- Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
- Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
- Texas is a "fault" state for car accidents — you can file against the at-fault driver
- Employers may opt out of workers' compensation — Texas is the only state that allows this
Common Eviction Situations in Austin
- Eviction for nonpayment of rent
- Eviction for lease violations
- Wrongful or retaliatory eviction defense
- Eviction after foreclosure
- Holdover tenant eviction (lease expired)
- Eviction from subsidized or public housing
Frequently Asked Questions
Can a landlord evict me without going to court?
Generally no. States prohibit self-help eviction: a landlord cannot lock you out, remove your belongings, or shut off utilities to force you out. They must follow the legal eviction process: written notice, court filing, hearing, and a court-ordered writ of possession.
What is a 3-day notice to vacate?
It is the written notice a landlord must give before filing an eviction suit. The required period is set by state law and by the lease — in Texas, for example, it is at least 3 days unless the lease specifies otherwise.
This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.
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