When it comes to tenant eviction in Dallas, Texas, it’s important to take an informed and organized approach. Landlords and property owners must understand their rights and obligations and the laws around evictions. The legal process and paperwork involved can be quite complex, so it is important to understand how to get started. Moreover, knowing how to hire a legal counsel that can help guide you through the eviction process is essential. The following is a guide on how to properly handle an eviction in Dallas.

Step 1: Understand the Legal Onus of Eviction

While every situation and landlord’s needs will be different, there are two main points to remember when dealing with tenant evictions: the legal basis and the burden of proof to evict a tenant. First, the legal basis of eviction will typically be found in the state or local laws. In Texas, the main body of law is the Texas Property Code. The Texas Property Code contains extensive information cited in civil causes of action relating to landlord-tenant issues and evictions. The other point to remember is that the landlord has the burden of proof "by a preponderance of the evidence" in order to evict the tenant. Preponderance of the evidence is a legal term of art which essentially means that a judge or jury must decide which side's evidence in total (not just arguments) more likely proves the landlord's case.

Step 2: Review the Lease Agreement

After familiarizing yourself with the legal basis of eviction, it’s important to review the lease agreement. Understanding what is in the agreement is essential to understanding the rights and obligations of both the landlord and the tenant. There may be a provision in the lease agreement that will permit or trigger a landlord’s right to evict the tenant, such as the non-payment of rent or the violation of other leasing terms and conditions.

Step 3: Consider Mediation

Before taking further legal action to evict a tenant, it’s important to consider taking part in a mediation process with the tenant. A mediation process is a practice of providing conflict resolution without costly and time-consuming court battles. Being willing to review and negotiate a different approach to resolving disputes can provide a positive outcome.

Step 4: Hire an Experienced Attorney

Finally, consider hiring a qualified legal counsel who specializes in landlord-tenant issues and understands local regulations. For many landlords, hiring an experienced attorney is a pragmatic solution. A skilled attorney can evaluate your case, file the necessary paperwork, and handle all stages of the eviction process. Moreover, they can help you understand the laws surrounding evictions and protect your interests during the entire process.


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