How to Legally Evict a Tenant in Fort Bend County: A Step-by-Step Guide

Evicting a tenant from your rental property is never an enjoyable task, but it’s sometimes necessary to protect your property or financial interests.

Whether it’s due to nonpayment of rent, property damage, or other lease violations, landlords in Fort Bend County must follow a specific legal process to evict a tenant.

Missteps in the process can result in delays or legal issues, so understanding local procedures is crucial.

This guide explains the steps to evict a tenant in Fort Bend County and includes unique details about the area’s regulations to help you navigate the process smoothly.

Understanding Eviction in Fort Bend County

Fort Bend County is one of Texas’s fastest-growing regions, encompassing diverse communities like Sugar Land, Richmond, Rosenberg, and Missouri City.

The area’s rapid development has brought a surge of rental properties, but with more tenants comes the occasional need for evictions.

Fort Bend County follows Texas state law, but local precincts may have specific filing requirements, so landlords must ensure compliance with local rules.

Filing Requirements

To start an eviction, you must file a suit in the Justice of the Peace Precinct where your property is located.

Fort Bend County has multiple precincts, and it’s important to file in the correct one to avoid delays.

Filing costs around $121 and includes fees for the court hearing and serving a citation to the tenant.

You can find your precinct by contacting the Fort Bend County Justice Center in Richmond or using their online resources.

If you’re unsure of the legal requirements, consulting with a local attorney or visiting the County Law Library can provide clarity.

The Four-Step Eviction Process

Step 1: Provide Notice to Vacate

The eviction process begins with a written notice to vacate, which informs the tenant that they must leave the property.

In Fort Bend County, this notice must comply with Texas law, including providing the tenant with at least three days’ notice unless the lease specifies a different timeline.

Deliver the notice using one of the following legal methods:

• Personal Delivery: Hand-deliver the notice in the presence of a witness.
• Certified Mail: Send the notice via USPS certified mail with a return receipt requested.
• Other Legal Methods: Fort Bend County courts may allow alternate delivery methods depending on specific circumstances.

Step 2: File the Eviction Suit

If the tenant does not vacate by the end of the notice period, you can file an eviction suit with the appropriate Justice of the Peace Court.

Include copies of the lease, the notice to vacate, and any supporting evidence, such as proof of nonpayment or damage.

Once filed, the court will schedule a hearing and issue a citation notifying the tenant of the proceedings.

Step 3: Attend the Court Hearing

On your scheduled court date, you must present evidence to support your claim for eviction.

Bring a well-organized packet that includes:

• Lease agreements
• Copies of the notice to vacate
• Records of payments or nonpayment
• Evidence of property damage or lease violations

Fort Bend County judges will require you to prove, by a preponderance of the evidence, that the tenant no longer has a legal right to reside on your property.

Be prepared to answer questions and present your case clearly and confidently.

Step 4: Obtain a Writ of Possession

If the court rules in your favor, you can apply for a Writ of Possession five days after the hearing.

This document allows the Fort Bend County Constable to remove the tenant and return the property to you.

The five-day waiting period is a standard appeal period during which the tenant may contest the ruling.

Filing for the Writ incurs an additional fee, and once issued, the Constable will schedule the physical removal of the tenant.

Unique Considerations for Fort Bend County

Fort Bend County’s rapid growth has introduced diverse housing needs, leading to a range of tenant-related issues.

The area’s housing market includes single-family homes, luxury apartments, and multi-family properties, each with unique challenges.

Neighborhoods like Sugar Land and Richmond, known for their high property values, may see different tenant dynamics than more affordable areas like Rosenberg.

Fort Bend County Constables play a critical role in executing eviction orders, and their schedules can vary based on precinct demand, so landlords should plan accordingly.

When to Consult an Attorney

The eviction process can be legally complex, and mistakes may lead to delays or dismissed cases.

Hiring a qualified attorney ensures you follow the law and strengthens your case during the hearing.

Legal counsel is especially valuable for contentious evictions, where emotions run high or when tenants refuse to vacate voluntarily.

Final Thoughts

Evicting a tenant in Fort Bend County requires careful adherence to local laws and regulations.

From providing a proper notice to vacate to securing a Writ of Possession, following the correct steps ensures a smoother process.

If you’re unsure about any part of the procedure, seeking legal advice can protect your rights and minimize stress.