If your case is more complicated than a basic Notice To Vacate situation, you may need to consider the full eviction process. 

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As part of our full eviction process, we offer a complimentary service of speaking with your tenant to provide them with a bit of education on the eviction process (i.e. that in the end, they will have to relocate). In the past, we have had some success in convincing the tenant that it was in their best interest to vacate the property so the owner could quickly re-acquire their property.

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Would you consider a Cash-For-Keys solution? If so, we can speak to the tenant about that as well. 

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When will your court date be set for? 

Good question. There are many factors that can determine the date your case is set for court. 

(i.e. Large vs small court, Docket backlog, etc.)

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There are four typical steps in the Eviction process as described below: *

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1. The notice to vacate

If a landlord alleges a tenant that is behind on rent or has a lease violation, the Landlord is required by law to give the tenant a three day written notice to vacate the premises. How to deliver the notice options…

A) In person – Personally delivered to the tenant or any person residing at the premises who is 16 years of age or older

B) Personally delivered – to the premises by attaching the notice to the INSIDE of the main entry door.

C) By mail – By regular mail, Registered mail or certified mail, return receipt requested, to the premises in question

D) If Above Options Won’t Work – Securely affix the notice to the outside of the main entry door in an envelope with the tenant’s name, address and the word “IMPORTANT DOCUMENT” or similar language AND by 5pm of the same day deposit in the mail a copy of the notice to the tenant.**The Texas Property Code 24.005 requires you the Landlord 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. If a landlord is requesting attorney’s fee, the landlord must give a 10 day Notice to vacate.

 

2. Filing the Suit

You must file an original petition with the Court and pay the filing fee. These courts 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.
 

3. Going to Court

You must go to Court and prove your case by the preponderance of the evidence. Simply filing a suit does not 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

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 filing fee, and may be requested at the Justice of the Peace office
where the judgment is. The Constable of your Precinct can answer your questions about this Writ.
 

How long does it take to evict someone in Texas? 
From start to finish approximately four weeks or longer depending on the specific court.

•  3 days from notice to vacate to filing of suit

•  8-10 days to serve the citation -The court date is set between 10-21 days.

•  5 days to appeal the suit following the hearing required by law.

• 2 Days - The Constable is required by law to post a 24 hour vacate notice on the Writ of Possession 30-35 days is the minimum amount of time to evict someone in any County in Texas. It must also be noted that any eviction suit is subject to appeal to the County Courts-At-Law. 

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