New Eviction Laws to Take Effect Soon -- Important Changes to Eviction and Eviction Appeals Process Are Coming

San Antonio Eviction Lawyer - Bexar County Eviction Attorney - Trey Wilson Attorney in San Antonio, Texas wrote:

As happens in every odd year, the Texas Legislature conducted its legislative session in 2015. This session (the 84th) resulted in a few new laws that directly impact evictions and eviction appeals in Texas. The following are summaries of the House Bills that directly impact eviction suits.

HB 1853:  Effective 9/1/15 -- H.B. 1853 amends current law relating to the removal of a tenant's personal property after a writ of possession has been issued in an eviction suit.  Specifically, Section 24.0061, Property Code, is amended by adding a new Subsection (d-1), which authorizes a municipality to provide, without charge to the landlord or to the owner of personal property removed from a rental unit under a writ of possession, a portable, closed container into which the removed personal property shall be placed by the officer executing the writ or by the authorized person. The municipality is further authorized to remove the container from the location near the rental unit and dispose of the contents by any lawful means if the owner of the removed personal property does not recover the property from the container within a reasonable time.

HB 1334:  Effective 1/1/2016 -- This new law amends Chapter 24 of the Texas Property Code and seeks to provide a process for ensuring the validity and financial integrity of appeal bonds filed in eviction cases, and to challenge the sufficiency of the bond posted by a tenant who appeals an eviction Judgment. 

HB 3364: Effective 1/1/2016 -- This Bill is aimed at the problematic wait that current law allows commercial tenants to remain in the property after final judgment of eviction has been issued. H.B. 3364 seeks to clarify that a final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises are for residential purposes only. 

Evicting a Former Owner Following a Foreclosure and Trustee's Sale

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

An unfortunate by-product of increased foreclosure activity is the process of removing a former owner from the property through an eviction suit filed in the Justice Court. Many times this can be an emotional process, and one that is met with anger by the former owner, who frequently equates the new owner (purchaser at a Trustee's Sale) with the foreclosing lender.

NOTE: **This post does NOT address the process, procedure or law pertaining to evicting a tenant who occupies a foreclosed property. Federal law applies, in part, to that circumstance. In the future, I  will post a separate article to discuss the process for evicting tenants of foreclosed former owners**

First, it is important to accurately characterize the former owner's status with regard to possession of the property.  Texas Property Code Section 24.002(a)(2) provides that a person commits a forcible detainer if (after refusing to surrender possession on demand), that person:

"is a tenant at will or by sufferance, including an occupant at the time of foreclosure of a lien superior to the tenant's lease."

Next, having characterized the former owner, it is essential that proper, written demand for possession be made in accordance with Texas Property Code Section 24.005.  This demand must be made by "a person entitled to possession of the property"  (this means the new owner or his agent or manager).  

Since the occupant (former owner) is a "tenant at will or by sufferance" under the express provisions of Section 24.002(a)(2), the party entitled to possession must give the former owner at least 3 days' written notice to vacate before an FE & D / Eviction suit can be filed.  See Texas Property Code Section 24.005(b).

Thereafter, the eviction suit is treated like any other. The former owner generally has no special rights, and is not treated differently from any other tenant at sufferance.