A Comprehensive Guide to Eviction
by Mallory Scott, TSSA

Have you been in a position where you need to get a tenant out of a unit, and the only viable option is eviction? Most owners will go through this at some point during their self-storage career, whether it is because a tenant was caught sleeping in their unit, engaged in criminal activity or for a multitude of other reasons. One of the most common scenarios is when a tenant stops paying rent and ceases to communicate but does not have a signed rental agreement—you cannot legally foreclose without a signed contract that includes the required statutory lien language. Let’s dig into the eviction process and learn from members who have been granted a judicial self-storage eviction.

Why Eviction?

There are a lot of reasons why someone might choose eviction over another remedy, but sometimes it is your only safe option. As stated above, if you have a tenant who does not have a signed rental agreement, has stopped paying rent and will not communicate with you—eviction may be the only legal option to rid yourself of the tenant.

The eviction process can be intimidating, mainly because the unknown is scary, and you must appear in court, which can also be nerve-racking, especially if you have never been before. However, if you equip yourself with knowledge (which is the purpose of this article), your TSSA Goldbook© and an extra dash of confidence, your eviction experience should be a successful one.

Notifying Your Tenant

The first and quite possibly the most crucial step is to get all your documentation ducks in a row, and that begins with sending your tenant a notice to vacate the storage space or terminating their contract altogether. You will want to choose which notice to send to your tenant based on the reason you are pursuing an eviction.

You have three options:

  • The safest option is to simply terminate the tenant’s contract by sending TSSA Form E-1, “15-Day Notice of Termination of Storage Space Rental Agreement.” With this notice, you do not have to give a reason as to why you are asking the tenant to vacate, which is particularly helpful in case you are feeling uneasy about providing a reason. If you are evicting a tenant and do not have a signed rental agreement, you will want to give them a 30-day notice to vacate. You can use TSSA Form E-1 and extend the date of move out to 30 days instead of 15. Also, if you use this form, you will want to send the tenant TSSA Form E-4, “Notice to Vacate for Holding Over,” after the 15-day timeframe has expired. This form is a final three-day notice to vacate the space.
  • If you need a tenant to move out because they are not paying rent, you can use TSSA Form E-2, “Notice to Vacate Storage Space for Non-payment of Rent or Other Sums,” which is a three-day notice to vacate.
  • If you find out that a tenant is breaching the lease in some way, such as engaging in criminal activity or sleeping in their unit, you can use TSSA Form E-3, “Notice to Vacate Storage Space for Non-rent Breach of Rental Agreement,” which is also a three-day notice to vacate.

    • Please note: Notices may be sent via regular, certified or registered mail. While not required, it is recommended that you send any notices via certified mail (return receipt requested) so that you will have a certified mail green card as proof that the tenant received the notice on a specific date.

    The best-case scenario is that the tenant will move out after receiving a notice to vacate the storage space, but there is always a chance that they will not receive the notice or just outright refuse to move out. In that case, the next step is to file an eviction petition at your local Justice Court.

    Member Sara LeFlore of Copra Storage says, “Wait to file your eviction petition until you are absolutely certain that you have all your documentation in perfect order. If you show up to court and something is missing or done incorrectly, the eviction process can be delayed by weeks or even months.” LeFlore was unaware that she needed the tenant’s social security number to obtain proof of non-active-duty military status. After much online research, she found a website that allowed her to pay a fee to get the tenant’s social security number, which finally helped to move the process along.

    Taking it to Court

    One thing to note is that you can either hire an attorney to represent your facility or you can choose to represent yourself in court. Larger storage operators may have an entire legal team with an attorney on retainer dedicated to handling evictions and other legal matters. Smaller operators may not have the money to hire an attorney, so they may opt to represent themselves, which is perfectly acceptable.

    After you have sent the required notice/s, the next step is filing an eviction petition at your local Justice Court. There is a fee associated with filing the eviction petition, and sometimes the court will only accept cash or cashier’s checks, so it is wise to call ahead of time to inquire about the specifics. You can use TSSA Form E-5, “Eviction Petition,” however; TSSA has been made aware that most courts in Texas require you to use their forms. This is not something that can be disputed if it is a requirement of your local Justice Court, but awareness is key. The forms provided are often used for residential eviction and not specifically designed for eviction from a self-storage unit, so that could potentially lead to challenges down the line. Pay close attention to the details to prevent any confusion.

    In your sworn eviction petition, you can also sue the tenant for unpaid rent if the amount is under $10,000. Be sure to request 18% interest, compounded annually. This may not be an option on the court’s standard form, so you may need to inquire with the court as to how to proceed. Please note: If you receive a judgement for unpaid rent as well as possession, you will then need to “abstract” the judgement, meaning that it becomes recorded in the county’s property records, and if the tenant should attempt to finance a car or purchase a home, the judgement must be paid before they can obtain financing or sell real property. If you have further questions, contact your local court.

    Oftentimes, members go through eviction because they do not have a signed lease, and most likely do not have a current address. The court is required to serve the tenant with a citation, and member Tiffany Nichols of Move It Self Storage shared an interesting method her company employs to ensure that there are no issues during that step. Nichols says, “If you go into it knowing that you do not have a good address, contact the court a few days after you file and ask if the tenant has been served—if the answer is no, request alternate service.” After significant delays during her first attempt at eviction due to address issues, Nichols quickly learned that due to the lack of overall knowledge of self-storage eviction, she was going to have to take the lead. Nichols explains,” I ask for alternate service, meaning they serve the tenant at the facility by placing a notice in a weatherproof sleeve on the tenant’s unit door.”

    On the opposite end of the spectrum, LeFlore ran into an issue with the tenant’s address being in a different county than the court where she filed the eviction. The court where she filed refused to attempt to serve the tenant with a citation, and she had to rely on the two courts to coordinate service. “There was no motivation for either court to get on the ball, so I had to contact both courts multiple times to ensure that my case wasn’t falling through the cracks,” says LeFlore.

    After the tenant has been served, you will be required to appear in court on the specified date with all related documentation in hand. Pro tip: Bring your TSSA Goldbook with you to your court date. Justice Court judges are not always “up to snuff” on self-storage eviction law, so having TSSA’s legal reference guide with applicable eviction statutes and step-by-step instructions could very well play an integral role in the acceptance or denial of the eviction case. Nichols takes her Goldbook with her to every court date, explaining that “It’s just part of my routine.”

    If the tenant does not show up on the court date, the judge will likely automatically grant the eviction with little else required. If the tenant does show up, you will be required to testify as to why you are seeking to evict the tenant and provide evidence to the court. The judge will either grant or deny the eviction at that time. If the eviction was denied, you should be provided with a reason, and you may have to start from the beginning and correct any issues identified by the judge. If the judge grants your eviction, you may not be given any additional instructions. But please remember this…the process does not end here.

    LeFlore described her experience after being granted a default judgement in court, “After the eviction was granted, I was not provided with any instructions regarding next steps. I thought it was over and did not realize that I needed to request a Writ of Possession.”

    What Happens After the Court Date?

    After you receive a favorable judgement, you must then request a Writ of Possession from the Justice Court judge. Next, you should contact the constable to make an appointment to meet at your facility to evict the tenant’s possessions.

    It is possible for you to get lucky and not have to request a Writ of Possession. Every situation is different, and according to member David Fisher of Imperial Storage, “The judge granted my eviction, and the tenant showed up the next day and moved out of the unit.” Fisher went on to describe that his case was unique in that the tenant was stealing from the facility and there was video evidence that was later shown to the judge during the court proceedings. The tenant showed up on the court date, and the judge not only granted the eviction, but also recommended that the tenant move out immediately because of the damning evidence.

    The constable will come to your facility on the day of your eviction appointment and direct you as to how to proceed. The constable will not physically remove the items from the tenant’s unit, but instead supervise and instruct you on where to move the contents.

    Nichols has experience with an eviction that involved a trailer, and in that case, she says that communication was key. She relayed the information to the judge and the constable. “The constable was aware that there was a trailer, so he made arrangements for a licensed towing company to come out to the facility on the day of our appointment to remove the trailer,” describes Nichols. She also said that for larger units, especially those with heavy items, Move It Self Storage hires movers to help remove the contents. “We like to use movinghelp.com because they require little notice and the fee is minimal.” Another option may be to require “all hands on deck” during the eviction appointment, or you can probably hire a couple of strong college kids in a pinch. The point is to ensure that you can remove the contents quickly (and without throwing out your back).

    With the constable’s permission, the property may be placed outside of your facility at a nearby location, but not blocking a sidewalk, passageway, street or parking area, and while it is not raining, sleeting or snowing. Nichols agrees with that sentiment and says, “If there is bad weather of any sort, even light rain, be prepared to reschedule.”

    Once you have moved the entirety of the tenant’s contents out of the unit and to a location approved by the constable, you have officially wrapped up the eviction process and may now rent the unit to a new, paying customer.

    Final Thoughts

    When asked if she had any advice for other members regarding eviction, LeFlore said, “Don’t acquire a facility where the tenants do not have signed TSSA leases.” All joking aside, she reiterated the importance of having signed rental agreements (and TSSA agreements, if possible). LeFlore and Nichols both acknowledged that the first time they went through eviction, there was a steep learning curve, but after they knew what to expect, the process was fairly straightforward. While eviction can seem daunting at first, it can also be a realistic remedy in certain situations. If you have questions about eviction, you can read the full step-by-step eviction procedures legal article in the TSSA Goldbook, or you can contact the association at 888-259-4902 or info@txssa.org.


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