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Evictions
in Texas MUST be filed in the county and precinct where the
property is located. Complete the “Eviction form
for Texas”
and have it notarized or sign it in front of one of
the Court Clerks. Bring a copy of your “Notice to
Vacate” along with the eviction form and any copies
that you would like to have for your own records.
You’ll be given a
court date when you file your eviction with the
Texas Court.
Find
an Eviction Lawyer in Texas
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Summary of Four
Basic
steps in the Texas Eviction process |
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The notice to vacate
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Filing the Suit
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Going to Court
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Writ of Possession
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1. NOTICE TO VACATE
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If a landlord alleges a
tenant is not paying rent, the Landlord is
required by law in Texas to give the tenant
written
notice to vacate the premises. This notice can
be delivered to the tenant personally with a
witness, by certified mail (return receipt
requested) or by any other method allowed by
law. Unless your lease specifically states
otherwise, the law requires you to deliver the
written notice, and then wait three days before
filing your suit in Justice Court. This is a
legal requirement which must be met and cannot
be overlooked.
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2. FILING THE SUIT
(EVICTION)
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You must file an
original petition with the Court and pay
court costs of $72 (subject to change). These court costs pay for
filing your suit, your court hearing, and for
the Constable to serve the citation. The
citation is the notice to the tenant that you
are attempting to evict him.
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3.
GO TO COURT (Both Landlord and Tenant)
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LANDLORD: You must go to Court and
prove your case by a preponderance of the
evidence. Simply filing a suit does not
necessarily mean you will win your suit. You
should bring all documents and other evidence
with you to Court in a well organized fashion.
At the hearing, you will have to present
evidence to show that you are entitled to
possession of the premises.
TENANT: If you wish to defend your
position and not be evicted, you must go to
court. If you fail to appear, a default judgment
will most likely be awarded to the Landlord. If
you need a lawyer, contact a local Legal Aide
Group in Texas. Check with your local court or
on this web site.
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4. WRIT OF POSSESSION |
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If you have won your suit in Court, and the
mandatory five day appeal period has passed, and
the other party is still in the premises, you
can file a Writ of Possession in Court. A Writ
of Possession is a Court order to the Constable
to place you in possession of the property. The
Writ of Possession will cost you an additional
$155 (subject to change), and may be requested
at the JP office where the judgment is. The
Constable of your particular Precinct can answer
your questions about this Writ.
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How long does it take to
evict someone in Texas?
From start to finish
approximately three weeks.
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3 days from notice to vacate to filing of
suit
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8-10 days to serve the citation- The law
requires the defendant have six days notice
before the hearing.
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5 days to appeal the suit following the
hearing required by law.
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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. NOTE: that any eviction
suit is subject to appeal to the County
Courts-at-Law.
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Is
there a faster way to
evict someone? There is a remedy that can
shorten the time period from 23 days to ten days
if you prevail in Court. This is known as a Bond
for Immediate Possession and includes a Notice
to Defendant of the Bond for Immediate
Possession. By filing a bond for immediate
possession, the eviction process could be
shortened provided the defendant does not
request a trial or post a counter bond.
In a Bond for Immediate
Possession, you are putting up a bond for surety
or cash. If you lose your suit, you could lose
all or part of your bond. It must also be noted
that any eviction suit judgment may be appealed
to the County Courts-At-Law. However, if the
defendant requests a trial or files a counter
bond, the length of time involved in a Bond For
Immediate Possession will be about the same as
in a normal Eviction suit.
Find
Texas Eviction Lawyers
See
TEXAS
TENANT LOCKOUT
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