Confirm the date of the hearing by calling the JP court and also periodically call to make sure the tenant was served by the court. The eviction hearing cannot take place for at least 10 days after the petition is filed.
File writ of possession if the tenant is still not willing to leave even though you have won the case.
The landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing. The federal CARES Act requires a 30 day notice in certain evictions where the property participates in certain federal programs or the property owner has a federally-backed mortgage.The 3-Day Notice doesnâ€™t include Weekends and Holidays and the day of delivery.
The landlord has to provide a strong argument backed up by solid evidence against the tenant. If the tenant does not show up to the hearing, the landlord wins by default. If the landlord does not win, they can still appeal within five days post-judgment for reconsideration
To win a default judgment you need to provide to the court the last known address of the tenants and Affidavit that they are not on active duty in the U.S. military.
A writ of possession is an order from the court which has previously made the judgment in favor of the landlord in an eviction case.
It directs the constable to remove the tenant physically from the rental property and provide possession of the property to the landlord.
The landlord must go to the county clerk’s office and pay a fee to issue the Writ of Possession. It can also be filed online. It should be issued on the 6th day after the judgment of eviction has been given.
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Frequently Asked Questions
Same county and the precinct where the property is located. Eviction cases must be filed in the same county, precinct and the place where the rental property is located. Eviction cases are rejected if they are filed on other location besides the property location.
No. You cannot evict a tenant based on their gender, race, religion, nationality, family status, skin color, or disability.
No. You cannot. The first thing you need while filing an eviction petition is the eviction notice. You must not skip this step. An eviction notice is a written notice that describes the violation or termination of the agreement by your tenant. You should deliver the notice to the tenant at least 3 days after filing the petition. This eviction notice can be typed or hand-written.
Yes.A landlord can evict a renter if they pay only partial rent. However, advocates for landlords advise them not to accept partial rent at all because it might weaken their eviction case.
Approximately 3 weeks. 3 days from notice to vacate to filing of suit. 8-10 days to serve the citation -The law requires the defendant have a least six days no more
than 10 days notice before the hearing. 5 days to appeal the suit following the hearing required by law. 2 days - The Constable is required by law to post a 24 hour vacate notice on the Writ of Possession. 20-23 days is the minimum amount of time to evict someone in any County in Texas.
File Writ of Possession. If a tenant disagrees to leave even after the completion of the lease period, you can approach the Civil Court, under the jurisdiction of which your property falls.