I'm always surprised at how common it is for a landlord or a property manager (and sometimes even a lawyer representing a landlord or property manager) to show up for an eviction trial without the evidence necessary to prove the case. This lack of preparedness is somewhat bewildering.
As in any case, eviction lawsuits require the Plaintiff (the party seeking the eviction) to carry the burden of proof by demonstrating that they are entitled to the relief sought from the Court. Failure to bring copies of the documentary evidence necessary to make that showing can -- and often does -- result in the landlord losing the eviction trial.
At a minimum, an evicting party (the landlord/owner or his/her property manager) should bring the following items of evidence to every eviction trial:
1) A copy of the signed Lease. Why ask the Judge to determine who's telling the truth when your testimony about the rental arrangement (term, rent, whether pets are allowed, etc.) differs from the tenant's testimony? Bring the signed Lease, and let the Judge read the arrangement himself.
2) A copy of your Notice to Vacate, and evidence as to its delivery. Proper and timely delivery of a Notice to Vacate are mandatory under the law. See Texas Property Code Section 24.005. Provide the Judge with a copy of your notice and the accompanying mail receipt/proof of delivery, so that he is not forced to endure a swearing match as to whether you issued and served it or not. A landlord's failure to prove that a Notice to Vacate was delivered before the eviction suit was filed is fatal to the eviction action.
3) Evidence of the Tenant's Breach. In non-payment cases, a record of account works great. In evictions resulting from other types of breaches, photos of damage, letters from Code Compliance, police reports, Affidavits from repair technicians or neighbors, or other documentary evidence of the breach should suffice.
4) A Deed or Other Evidence That You Own the Property. This is particularly important in post-foreclosure evictions, but more and more frequently, the tenant is challenging the landlord's ownership of the property. Do yourself a favor, and print a copy of your deed (which is available online at the Bexar County Clerk's website) even if you believe that ownership is a non-issue.
Again, failure to bring these pieces of evidence can be -- and frequently is -- fatal to a Landlord's eviction case. If the Court finds in favor of the tenant or dismisses the case on a technicality, the Landlord will be forced to start the entire process again, and pay a new filing fee.
