A recent CBS news article highlights the problems Texas landlords are having with removing squatters and tenants from their rental property. Consequently, Texas lawmakers are considering two bills, SB 38 and SB 1333, to address the issue of squatters and improve the efficiency of the eviction process for all renters. SB 38 would significantly speed up evictions by allowing landlords to remove occupants in as little as 10 days without a full trial, raising concerns about tenants’ due process rights.

Supporters emphasize the need to prevent months-long delays for non-paying occupants. SB 1333 would criminalize squatting, allowing police intervention instead of requiring eviction suits. A high-profile case in Dallas illustrated the lengthy eviction battles landlords face, with squatters successfully appealing multiple times and delaying removal for 18 months. The article also reviews Texas’s current eviction process, which, even under the best circumstances, typically takes about 30 days or longer to finalize.

The Landlord Attorney’s Role in Your Rental Business

Owning and managing rental properties is a complex business requiring careful legal oversight. Whether you own a single rental home or manage a large portfolio, partnering with a landlord attorney is crucial to protecting your investments, ensuring compliance with the law, and enforcing tenant obligations effectively.

Here’s why having an experienced landlord attorney is essential for every rental business:

1. Drafting and Reviewing Lease Agreements

The lease agreement is the foundation of the landlord-tenant relationship. A well-drafted lease protects your rights, sets clear expectations, and reduces disputes. A landlord attorney ensures that:

• Your lease complies with all federal, state, and local laws, including disclosure requirements, security deposit limits, and eviction procedures.
• Important protections are included, such as clauses on rent payment, property maintenance, lease termination, use restrictions, and remedies for breach.
• Specific terms are added to address emerging issues, like unauthorized occupants, short-term rentals, pet restrictions, or new laws (such as CARES Act notice requirements).
• The lease is customized to your property’s unique situation—not a generic template that can leave you vulnerable.

Without legal review, landlords risk using invalid or unenforceable provisions that courts may later strike down.

2. Legal Advice When a Tenant Violates the Lease

When tenants violate lease terms—whether by failing to pay rent, causing property damage, or violating community rules—landlords must act swiftly and legally. An attorney can guide you through:

• Issuing proper notices to cure or terminate the lease, which must comply with strict statutory requirements.
• Understanding when violations are “curable” (i.e., the tenant can fix them) versus “non-curable” (i.e., immediate grounds for termination).
• Avoiding retaliatory eviction claims or fair housing violations when enforcing lease terms.
• Identifying whether federal or local laws require extended notice periods, as with subsidized housing or CARES Act-covered properties.

Having legal counsel ensures that your actions are enforceable and will not later be invalidated on procedural grounds.

3. How to Enforce the Lease Agreement

Even a strong lease is worthless if it’s not enforced properly. Landlord attorneys help enforce your lease by:

• Demanding unpaid rent or requiring specific performance of obligations through formal demand letters.
• Negotiating move-out agreements that protect your right to recover damages while avoiding costly litigation.
• Handling claims for property damage, unlawful occupancy, or breach of use restrictions.
• Advising you on landlord self-help pitfalls, such as unlawful lockouts or utility shut-offs, which can expose you to substantial liability.

When enforcement is necessary, attorneys ensure you use the correct process, preserving your right to recover damages and remove problematic tenants legally.

4. Filing and Prosecuting Evictions

When informal resolution fails, eviction may be the only remedy. However, eviction procedures are governed by strict rules:

• In Florida, the landlord must first issue a valid written notice to cure a violation or to vacate for a non-curable violation before filing an eviction lawsuit.
• After filing, strict timelines and service requirements apply.
• Tenants often file defenses in the eviction, which require the landlord to know how to respond to avoid unnecessary delays and potentially dismissal.
• Tenants may also appeal eviction judgments or delay proceedings and even attempt to live rent-free during an appellate process.
• A landlord who mishandles the case risks dismissal, unnecessary delays, lost rent, or even countersuits.

An experienced landlord attorney ensures that:

• Your eviction pleadings are correctly drafted and filed.
• Tenant defenses are handled and responded to properly.
• Court hearings are handled correctly and persuasively.
• Appeals and post-judgment remedies, like obtaining a writ of possession, are pursued without unnecessary delay.
• Your case complies with evolving laws ensuring faster and more efficient possession recovery.

In short, an attorney maximizes your chances of regaining control of your property quickly and lawfully.

How a Landlord Lawyer Helps

Landlords who try to navigate rental law without professional assistance risk major setbacks: lost rent, prolonged occupancy by non-paying tenants, legal liability, and damage to their properties. By working with a landlord attorney, you proactively manage risk, strengthen your lease enforcement, and ensure that when problems arise, you have a clear, legally sound path to resolution. If you want your rental business to thrive—and not just survive—investing in the right legal partnership is essential.