Here are some commonly asked questions regarding evictions in the State of Texas.
Note: The law and procedures will change, and the page will not necessarily reflect those changes. These answers are provided to gain a general understanding. This site is not intended to provide legal advice.
1) Do you have to be a lawyer to perform eviction services?
No, you are not required to be represented by a lawyer for a eviction proceeding. Our
property management team has extensive experience in the eviction process. It was based on experience managing for the past 4 years and hundreds of properties that we feel comfortable with the process. When our team acts on your behalf, we will act as your agents.
2) What kind of experience does your firm have with this process?
The answer is noted above as well. In addition, several members of the company have their personal portfolios that they have experience handling evictions.
3) What is required to file a eviction?
You must provide the tenant notice that they are in violation of the lease and you intend to file legal action against them. The notice must state the reason for the vacate request, and what you are seeking (to recoup lost rent or return of the property). In the notice, it should be given in person, by mail (some counties will allow it by mail), or by registered mail. Your lease will usually govern the period of how long they have to either vacate or remedy the situation (typically it is a "3 day notice"). After you have provided adequate notice, then you can file the eviction at the Justice of the Peace Court for your rental property.
4) What kind of evidence should I provide your firm?
A signed lease is a strong basis to demonstrate the agreement between a landlord and tenant (it is required for all leases over a year). In addition, the landlord should provide a tenant ledger or receipt book to demonstrate that the landlord provides accurate accounting of tenant payments. However, the tenant will also provide proof of correspondence and proof of payments to the landlord.
5) Do you charge this fee to your property management clients?
If we inherit a property with eviction scenarios, we will charge the eviction fee. However, if we are managing a property with no evictable tenants in place, then we will not charge this eviction scenario. This fee is aimed for owners who are asking us to clean up their property by removing several bad tenants. Additionally, if we have put a tenant into the property and a eviction arises then our contract outines that we will charge for court costs plus a trip charge for every visit to the court.
6) Do you take all cases?
No, if we feel based on the supporting documents that we will not be able to adequately represent you, then we will respectfully decline.
7) What is the time after a judgement is given before a tenant must move out?
The tenant is given 5 days to appeal a judgement, and after this period has passed; the landlord can request a writ of possession to have the sheriff assist them with reentering the building.
8) How long is a eviction proceeding?
This answers depends on many factors. For example, did the sheriff serve the tenant with notice of the hearing? How busy is the docket for the justice of the peace court in the county where the property is? How long after the writ of possession is filed does the sheriff serve notice? Did the tenant appeal? Did the tenant reschedule?
