You do not have to finish the eviction

Landlords often assume they must regain possession before selling. You do not. The buyer takes the property subject to whatever tenancy exists, including a tenant in arrears or one who has been served. Whether to continue the eviction becomes the new owner's decision.

That matters because Texas evictions, while faster than most states, still take time: a notice to vacate, a filing in justice court, a hearing, a judgment, an appeal window, and then a writ of possession. Each step costs money and none of it improves the property.

What we need to know

Accurate information here protects you. A situation described optimistically is the most common reason a rental purchase gets renegotiated late, and we would much rather price the real one.

  • The arrears figure and how long it has been accruing
  • Whether a notice to vacate was given, and on what date
  • Whether an eviction has been filed, and in which justice court
  • Whether a judgment has been entered, and whether it was appealed
  • Whether a writ of possession has issued
  • The deposit held and how it is accounted for
  • Whether the tenant has counterclaims or has raised repair issues

Holdovers and occupants without a lease

A separate category: someone in the property with no current lease. A former tenant who stayed on, a family member of a deceased owner, a subtenant nobody authorised. Those occupants still generally have to be removed through the courts rather than informally, and self-help eviction is not lawful.

We buy in those situations too. What we need is a straight account of who is there, on what basis, and what has already been tried.

Why this is the moment landlords sell

A non-paying tenant means no income while the taxes, insurance, and mortgage continue. Texas appraisal district values have risen and insurance premiums with them, and a property that has been fought over is usually in worse condition than one that has not.

Selling now stops the bleeding. There is no vacancy to wait out, no make-ready to fund, and no commission. The lease and the deposit transfer at closing, and the situation becomes ours.

Frequently asked questions

Can I sell a Texas rental while an eviction is pending?

Yes. The sale does not depend on regaining possession, and whether to continue the case becomes the buyer's decision.

Do I have to get the tenant out first?

No. The buyer takes the property subject to the tenancy.

What if the occupant has no lease at all?

We still buy. Tell us who is there and on what basis. Removal generally has to go through the courts — self-help eviction is not lawful in Texas.

Who is responsible for the security deposit?

The buyer, once it is transferred at closing. Texas law requires the transfer rather than a refund.

My tenant is claiming the property needs repairs. Does that stop a sale?

No, but tell us about it. A repair-and-deduct or retaliation claim is information we want before making an offer, not after.

This page is general information about selling property in Texas, not legal, tax, or financial advice. Laws change and every situation is different, so talk with a qualified Texas professional about yours.