Renters are facing the daunting reality of increased housing costs, and as a result, eviction filings have skyrocketed. According to the Eviction Lab, in the past year there have been more than 83,000 eviction filings in the city. COVID-19 protections phasing out has exacerbated the lack of security renters have under state law. Many struggle to understand their rights and navigate the complex legal process that often leads to displacement. Eric Kwartler, managing attorney of the Eviction Right to Counsel Unit at Lone Star Legal Aid, shares some tips.

Could you briefly explain the eviction process in Houston, from receiving a notice to the final court order?
In Texas, the first step is providing what’s called a “notice to vacate.” It must be provided in a very specific way, and it has to say you need to move out by “X” date or we will file an eviction. After that time [the landlord] can file an eviction, and an eviction is a lawsuit. You have to be served by the constable [who] will give you a copy of what they filed. It’s gonna have information like their name and address, and why you’re being evicted. It will also tell you where to show up for court. A huge percentage of people don’t show up for their trial, and that’s a real mistake because if you don’t show up, you’re gonna lose. And you won’t have any opportunity to dispute anything the landlord is saying.

What are some common reasons for eviction in Houston?
Over 90 percent are for nonpayment of rent. Sometimes there’s a conflict between the tenant and the landlord or the leasing office, and it escalates to the point that they file an eviction. There are retaliatory evictions when you ask for repairs for your home and they decide they don’t want to deal with you anymore. The only way it’s going to be valid is if it’s an actual violation.

What legal rights do tenants have when they receive a notice?
Unfortunately, Texas is not a friendly place for tenants. There is not a right to counsel the way there is in a criminal case where if you are accused of a crime, you can get a free lawyer. But if you call us, we will see if we can provide you with legal representation if you qualify for our services. Because most evictions are nonpayment of rent, a lot of people who are being evicted are not at their best economically.

How often do wrongful eviction cases occur?
We see it sometimes. The reality is that there are two sides to every story. And we definitely have seen plenty of times where landlords alleged things that just didn’t happen. But it’s a good idea to try and stay on good terms with your landlord just so it doesn’t bloom into a situation like that.

What should tenants keep in mind when signing their lease to avoid problems later?
You can’t withhold rent because your landlord is doing something you don’t like. Usually, that’s not repairing something. To make them legally repair [it], you have to send a certified letter to the landlord. If you don’t, you can’t assert your rights in court. Even if you have made the request the way the landlord told you—for instance, through a resident portal.