Eviction Services in Texas

This is arguably one of the most important steps in the eviction process. This step tends to get messed up most often. Either our clients deliver the notice improperly or do not address the right requirements in the content of the notice. There are different types of notices that may be given depending upon the reason for sending the notice to vacate. There also several reasons a landlord may send a notice to vacate such as failure to pay rent, a lease violation, or holding over past the term of the lease. The “3 Day Notice to Vacate” is the most common notice given by landlords as that is the prescribed time period required by the Texas Property Code. A landlord can choose to give a longer amount of time such as thirty (30) days, however, it is not required by law. It is simply a choice of the landlord as to how long he/she wants to give their problem tenant time to vacate the home.
A landlord cannot do anything until the prescribed time period has expired given in the notice to vacate. If you choose to file suit earlier then the time period given to the tenant, you can definitely count on the judge to dismiss your case based on that fact alone.
The most common method of delivering the notice is in person, however, the Texas Property Code does provide for a list of alternative ways in which the Notice to Vacate may be delivered. 

If the tenant refuses to leave the property after the notice has been properly given, a lawsuit will need to be filed at the justice court in the precinct in which the property is located. The Petition for Forcible Detainer must be filed with the Justice Court along with a few other documents and the Justice Court will assign a court date. Next, the tenant will be served with a copy of the petition along with the citation stating that they must appear for the court date assigned. The tenant can choose whether or not they want to show up to the hearing. The hearing will take place regardless of whether the tenant appears or not. The landlord and tenant will each get a turn to tell their side of the story to the judge as to the reasons for the eviction and why the tenant may not be complying with the landlord. The judge will then make a decision based on the testimony given. If the tenant does not show up the Landlord is usually still required to show why he/she is entitled to the eviction. 
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To prevail in a forcible detainer action, the landlord must prove only sufficient evidence to demonstrate a superior right to possession of the property. If the landlord can convince the court he has immediate right to possession, the court will issue judgment for the landlord. 
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If the judgment is awarded in the landlord’s favor the judge will give the tenant five (5) days to vacate the home or appeal if he/see so chooses. The tenant has three options once the judgment is rendered for the landlord. The tenant can (1) vacate the home and the process is over, (2) stay in the home but not appeal, (3) or stay in the home and file an appeal to the justice court’s judgment. If the tenant stays in the home but does not file an appeal within the five (5) day period, the landlord can then request a Writ of Possession from the Justice Court. If the tenant files an appeal the case will be sent up to the County Court in the same county for a “trial de novo” (meaning a brand new trial) and you will be required to appear and present your case over again to a new judge to hear the case again.

The Writ of Possession is issued by the Justice Court only after a judgment has been granted for the landlord. The landlord does have to request the Writ of Possession from the Justice Court. The county does charge a separate filing fee for this. The Writ of Possession sends out the county constable and/or sheriff to post the Writ of Possession to the front door usually giving the tenant twenty-four (24) hours to vacate the home. If the tenant is not out by the end of the 24 hours, the constable and/or sheriff will return and physically remove them from the property. Most counties do NOT provide movers so the landlord will be responsible for moving the tenant’s property out of the home. Generally, the landlord is only required to move the stuff out of the home and to the curb or street. Some counties will provide movers to remove the property, however, each county has their own specific rules for issuing the Writ of Possession. Additionally, the landlord will want to ensure they have a locksmith or someone ready to change the locks on the day of the move out with the constable. 

The tenant can appeal the eviction within five (5) days after the judge renders a judgment. Every tenant has this right and they do not have to state a reason for the appeal. If the tenant chooses to file an appeal the case will be sent up to the county court in the county that the suit was filed. The judge at the county court will hear the case from the beginning and make a new decision. It does not matter how the justice court ruled as this is a brand new hearing. If the case is for nonpayment of rent, the tenant will be required to make an initial payment into the court registry within five (5) days of filing the appeal paperwork. The initial deposit into the registry is typically equal to one month’s rent. The tenant is required to make this payment and if he/she does not, the landlord is able to file a Writ of Possession to obtain possession back of the home. The landlord should keep in mind that even if a Writ of Possession is granted there will still be an appeal hearing as the justice court paperwork is still sent to the county court for a trial de novo (new hearing).