Eviction Filing Process in Texas
Eviction means the removal or dispossession of the tenant done by the landlord from the property in which he/she resides by force or by legal procedures. The legal term for eviction is “forcible entry and detainer.” Any tenant who violates the lease or has breached the terms and is unwilling to leave the property can be evicted.
Eviction Process
Step 1: Landlord sends a “notice to vacate” to the tenant
Step 2: Landlord files the eviction petition
Step 3: Court hearing
Step 4: Writ of possession
Step 5: Landlord gets the possession of the property
1. Landlord sends a “notice to vacate” to the tenant
The first step of eviction is to deliver a written notice to the tenant to vacate the premises by the landlord. It is a legal requirement that must be met for an eviction. The landlord should provide the notice at least 3 days before filing the eviction suit. To write an eviction notice, the landlord can either hire a lawyer or make them draft one, or they can also download the eviction templates found online that have been created by an attorney. Choose the correct eviction notice for your cause. Well, there are no standard forms for an eviction notice.
How the notice is delivered also plays a great role in eviction. In the eviction filing process, if the tenant claims that proper eviction notice was not provided, the whole eviction process can get dismissed. Here are the ways a landlord can provide the eviction notice.
The landlord can deliver the notice personally to the tenant at their rental unit or their place of business.
In case the tenant is not available, the landlord can leave the notice to another person with age above 16years in the tenant’s rental unit. In this case, the landlord must also mail a copy through the mail addressed to the tenant at their place of residence.
The landlord can also post the notice in a safe and visible place on the property, like on the front door of the rental premises by taping it properly, and then mail a copy of the notice to the tenant. The taped notice should have an “Important Document” named on it.
Now, if the tenant makes peace with the landlord by paying all due rent or remedying the violation or moves out, then in such case there is no need for filing the further eviction process.
2. The landlord files the eviction petition
As for the next step, the landlord must file a petition in the appropriate Justice of Peace Court if he owes $10,000 or less. If the amount exceeds $10,000, the case should be filed in the District Court. It should be filed in the precinct and the place in which the rental property is located. If the rental unit is not in the precinct and the place included, then the eviction can get dismissed. Then, the landlord fills the paperwork which includes the basic details like:
Contact information of landlord and tenant
Address of the property
Reason for eviction
Amount due for the tenant
Date and method of how the ‘notice to vacate’ was given.
If the tenant is in the military
Number of tenants
The main documents prepared for filing the suit are:
3-day notice to vacate
Last known mailing address
Military status affidavit
Petition for eviction
The landlord can file all the paperwork online through eviction e-filing sites like US Legal PRO or can physically go the court to submit the documents. After the paperwork is submitted, the court clerk helps to organize the court schedules for the case. After the court commits the date, the tenant will be served with a summons regarding the eviction by a sheriff or a constable. The summons includes the time and the date wherein both the landlord and tenant should be present at the court. The court will charge the cost for filing the petition, court hearings, and the constable which costs about an average of 100$. The fee also depends upon the number of tenants to be evicted.
3. Court hearing
The Justice court schedules a day or two in a week for the eviction cases. It takes about 8–10 days after the landlord files the complaint. Both the parties, the landlord and the tenant, should take their side of evidence along with them in this step. The landlord has to provide the documents proving his immediate right to possess the property. The evidence can include the paid receipts, copy of lease, lease violation documents, property damage pictures, etc. It can be anything that helps to win the case. The evidence should be well organized before submitting it. Based on the evidence, the court will give its decisions. If the landlord wins the petition, the court issues a writ of possession for the tenant.
4. Writ of possession
In case the landlord wins the petition and if the tenant does not leave the property even after 5 days of the judgment, the landlord can file a writ of possession. Writ of possession is an order from the court which includes a deadline for the tenant to leave the property. A constable hands over the copy of the writ to the tenant. An average of 5 days is provided by the court to the tenant on the writ to leave the property. If the tenant still does not vacate the property then they can be forcibly removed by the law enforcement.
5. Landlord gets the possession of the property
The tenant has at least 24 hours after the court posts the writ to leave the property. After 24 hours, he can be removed by the sheriffs/constables. The constables can choose from 36 hours to a few days to remove the tenant. It normally takes 20 to 23 days to evict a tenant in Texas. After the tenant moves out or gets removed, the landlord can have his full possession on the property.