Class 23 – 4/6/17

Landlord-Tenant Relationship I

• Tenant who defaults, 482
• Berg v. Wiley, 482-487
• Notes, 488-490
• Summary Proceedings, 490-492
• Sommer v. Kridel, 492-498
• Notes, 498-502
• Texas eviction law

The lecture notes are here.

This site explains detail the eviction process in Texas. Here is the section of the Texas code governing evictions and forcible entry. In Texas, forcible entry without resort to judicial process is illegal. In other words, no self-help.

Sec. 24.001. FORCIBLE ENTRY AND DETAINER. (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand. (b) For the purposes of this chapter, a forcible entry is: (1) an entry without the consent of the person in actual possession of the property; (2) an entry without the consent of a tenant at will or by sufferance; or (3) an entry without the consent of a person who acquired possession by forcible entry.

Here is the process governing evictions:

Sec. 24.005.  NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. (a) If the occupant is a tenant un