Texas Property Code provides the guidance for the process regarding evictions. These guidelines will provide the overall framework in which our firm will work.
First, eviction's do not require lawyer to handle the case, and we are not lawyers. We would act as your designated representatives.
Second, Texas law requires prior notice provided to the tenant, and we would provide this notice on your behalf. We will provide the notice via registered notice to the tenant prior to filing the eviction. We will put our information on the letter for them to contact.
Third, after the period of required notice has been met; our firm will file the case at the appropriate justice of the peace court. Justice of the Peace courts are the courts of original jurisdiction for eviction cases in the state of Texas.
Fourth, the court will send out the notice of a trial date to the tenant. Our firm will monitor the docket to insure that we are there for the case. In some jurisdictions, they will have websites that post these dates, and at other dockets; we will have to make calls every day to obtain the court date.
Fifth, we will attend the court date and present to the court the evidence of the proof of notice, the evidence of the breach of the lease (tenant ledger or other evidence), and other evidentiary support to the Justice of the Peace.
Sixth, the court will provide their judgement, and the tenant will have 5 days (consecutive unless the 5th day falls on a holiday or weekend) to appeal the judgement.
Seventh, if the tenant appeals; the appeal will be sent to county court for a denovo trial. A "denovo" trial will set aside the verdict of the lower court decision.
Eighth, after the judgement is in place, we will file a Writ of Possession to have the Constable accompany us when we enter the property. We will also contact a locksmith to be present to open the property. Often times tenants will change out the lock to prevent the owner from entering, and the locksmith will insure that we can enter the property with the Sheriff.
Ninth, we will send the owner a bill for the locksmith charges. We will rekey all the locks to a new key. This will meet the owner's burden to rekey the lock 7 days after a tenant turnover, as required by Texas.
Tenth, you will be sent a notification along with a album of pictures (on average 6 to 8 pictures) to give you a general idea of the work to be done.
NOTE: This law regarding evictions, and we will not necessarily update the website to reflect every step. This site is simply providing a general framework of the process and not a site that provides legal advice.
