LANDLORD/TENANT ATTORNEYS

While we have represented Tenants in the past, particularly in wrongful eviction matters, the majority of our practice centers on the representation of landlords, both residential and commercial. The attorneys at Bartlett & Schober, P.C. have years of experience in such matters as negotiating, drafting and reviewing commercial and residential leases; initiating default procedures against tenants who are past due on rent; initiating eviction proceedings against tenants in default; and protecting the landlord’s lien interest in property located on the landlord’s premises.

Many times, a tenant who can no longer pay rent will simply abandon the premises.  However, sometimes a landlord is confronted with a non-paying tent who insists on remaining on the property.  In such cases, an eviction is warranted. The following is a step-by-step analysis of the procedure for filing an eviction.  Always consult an attorney before commencing with eviction procedures as any misstep in the process may result in the waiver of some or all of the landlord’s rights. 

EVICTIONS

Evictions in Texas must be filed in the county and precinct where the property is located. Complete the eviction form 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.

1. The notice to vacate:  Prior to filing an eviction lawsuit, a landlord must 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. The law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court.

2. Filing the Suit: 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 have filed a petition and are proceeding with eviction proceedings.

3. Going to Court: 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. 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.

4. Writ of Possession: 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.

Helpful links:

Texas Landlord and Tenant Act – general provisions: http://laws.uslandlord.com/laws/txstatelaw3.html

Eviction Act: http://laws.uslandlord.com/laws/txstatelaw.html

Texas Residential Tenancies – general provisions: http://laws.uslandlord.com/laws/txstatelaw4.html