In Texas evictions, the same handful of avoidable mistakes account for the majority of resets, dismissals, and unhappy outcomes. Every one of them is preventable with a small amount of front-end discipline.
Mistake 1: Accepting partial rent
Accepting a partial payment can, in some circumstances, be treated as a waiver of the breach. If a tenant offers a partial payment after notice has been served, talk to counsel before depositing it.
Mistake 2: Filing before the notice expires
The three-day (or lease-specified) period must fully expire before the petition is filed. Filing even one day early is grounds for dismissal.
Mistake 3: Filing in the wrong precinct
Eviction suits must be filed in the Justice Court precinct where the property sits. County lines and precinct lines are not the same thing — verify the precinct before the petition goes out.
Mistake 4: Weak documentation
Missing ledger entries, unsigned lease pages, and undated notices give tenants and their advocates room to raise defenses. Keep a complete file for every unit from the day the lease is signed.
Mistake 5: Self-help evictions
Changing locks, removing doors, cutting utilities, or moving a tenant's belongings without a writ of possession is illegal in Texas and exposes the landlord to statutory damages under § 92.0081 of the Property Code. Always wait for the constable and the writ.
This article is general educational information about Texas law and is not legal advice for any specific matter.
