Let's face it... some tenants deserving of eviction are allowed to remain in a given rental property for far longer than they should. Often they remain in place even after being served with a Notice to Vacate by either simply ignoring the notice and/or refusing to surrender possession of the property despite a landlord's demand that they do so. From a logical standpoint, a landlord's inaction over a sufficient period of time should constitute a waiver of the right to pursue an eviction (FE &D) action, as the result of being time-barred.
After all, Texas Civil Practice and Remedies Code section 16.003 provides that a forcible detainer suit must be brought within two years, or, more succinctly, "not later than two years after the date the cause of action accrues." See Tex. Civ. Prac. & Rem. Code § 16.003(a). Thus, there exists a 2 year limitations period on FE & D/eviction suits. However, this 2 year period BEGINS to run-on the date of accrual. As such, an event of "accrual" is the determinitive factor in considering the expiration of the limitations period for an eviction (and any other cause of action, for that matter).
Notably, Texas Courts have held that a forcible-detainer action accrues each time a person refuses to surrender possession of real property after a person entitled to possession of the property delivers a proper written notice to vacate. See Federal Home Loan Mortg. Corp. v. Pham, No. 14-13-00109-CV,
2014 WL 5034638, at *5 (Tex. App.—Houston [14th Dist.] Oct. 9, 2014, no pet.) (new and independent cause of action for forcible detainer arises each time person refuses to surrender real property after person entitled to possession delivers proper written notice to vacate); Puentes v. Fannie Mae, 350 S.W.3d 732, 739 (Tex. App.—El Paso 2011, pet. dism’d) (subsequent forcible detainer action constitutes new and independent action to determine which party had superior right of immediate possession at time suit was filed).
Thus, under Tex. Prop. Code § 24.002 (defining a forcible detainer as a refusal to surrender possession of real property on demand...), each refusal to surrender possession of real property on written demand for possession constitutes a new forcible detainer.
Under a plain application of how Courts determine "accrual" of a landlord's claim for FE & D, it is clear that in order to start the limitations period anew (and avoid being time-barred from filing suit), an owner or landlord must simply issue a new Notice to Vacate that complies with Tex. Civ. Prop. Code § 24.005. Each time that the tenant refuses to comply with such a notice by surrendering possession as demanded by the landlord, that tenant is subject to an FE & D suit, notwithstanding the passage of time from prior notices.
