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Eviction Process

5,674 Views | 59 Replies | Last: 1 yr ago by schwack schwack
tjones
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Have a tenant on a month to month lease. I gave her 30 days notice about 3 weeks ago to be out by January 5th. She then didnt pay the current rent due and I just have a suspicion that shes not going to just leave on her own accord.

What is the process of eviction if I have to go that route? When can I start it? How long will it take? Any tips or advice will be very helpful.

Thanks!
Martin Cash
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tjones said:

Have a tenant on a month to month lease. I gave her 30 days notice about 3 weeks ago to be out by January 5th. She then didnt pay the current rent due and I just have a suspicion that shes not going to just leave on her own accord.

What is the process of eviction if I have to go that route? When can I start it? How long will it take? Any tips or advice will be very helpful.

Thanks!
Go to the Justice of the Peace office for the precinct in which the property is located. They'll have the forms.
The heart of the wise inclines to the right, but the heart of the fool to the left. Ecclesiastes 10:2
BMach
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This, pretty straight forward. They will explain the process as well.
tjones
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Great; Thanks. I'll do that. Is it like a 30 day proces or will it take 6 months?
BMach
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Just depends on when they get you on the docket. I'd go ahead and serve a 3 day notice if you haven't done that already.
AggieGunslinger
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Be very understanding of the process, it isn't hard but if you screw this up and the tenant can take you to the cleaners. Texas isn't a landlord friendly state and professional tenants know every trick in the book to stay in the house as long as they can. I have done it a few times and one tenant was a nightmare, the rest were a breeze.
tjones
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I'll look it up, but are you referring to a 3 day move out notice?
BMach
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3 day pay or vacate notice. Every time I've filed for eviction that's the first question the JP's clerk asks me.
TexAg1822
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BMach said:

3 day pay or vacate notice. Every time I've filed for eviction that's the first question the JP's clerk asks me.


Yes. Texas statute requires three day notice to vacate once tenant defaults. This is a prerequisite to filing your eviction suit
KayJayKay
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Texas is like the best landlord friendly state!
Go try and evict in CA, NY, IL, NJ and you might have a different opinion.
fixer
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AggieGunslinger said:

Be very understanding of the process, it isn't hard but if you screw this up and the tenant can take you to the cleaners. Texas isn't a landlord friendly state and professional tenants know every trick in the book to stay in the house as long as they can. I have done it a few times and one tenant was a nightmare, the rest were a breeze.


Username lol's out.
AggieGunslinger
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I agree there are worse states but we could be better.
98PercenterAg
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When this happens at in-laws RV park, they turn off the utilities. Most of the time that gets rid of them, but some do try to call police. When police show up it's easy enough to explain to them that it's civil, and they take a statement or go on their way.

Probably not the best advice for regular leases, but the type of folks who frequent RV parks don't usually haul you to court.

ETA: Definitely don't try this at home, post is for info only
BMach
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98PercenterAg said:

When this happens at in-laws RV park, they turn off the utilities. Most of the time that gets rid of them, but some do try to call police. When police show up it's easy enough to explain to them that it's civil, and they take a statement or go on their way.

Probably not the best advice for regular leases, but the type of folks who frequent RV parks don't usually haul you to court.


Yeah…don't do this
tjones
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This is actually an all Bill's included lease...cutting utilities could work out possibly. Probably need to consult an attorney before I do that.
Martin Q. Blank
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What is the tenant's excuse for not paying? Do NOT cut utilities. That will make things worse.
tjones
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No excuse... just not paying. I mean it's always something different that's minor and wouldn't be an excuse for any other normal person. This lady is not normal...
tjones
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Just to clarify, so yall can maybe help with details. We have a month to month lease. On December 5th I sent her a 30 day move out notice, certified. Her rent payment was due on December 15th. Still unpaid as if today.

I was planning on sending her the 3 day vacate notice today. Are there any issues with that? At this point I don't anticipate getting paid or really care about getting the December rent, I just want her out of the house.

Any problems sending 3 day vacate notice even though it would be prior to 30 day move out? Last payment from her was on November 15th.

Lease is for a furnished house, all Bill's paid.
BMach
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Send the 3 day notice. If rent wasn't paid when it was due, the 30 day notice doesn't matter.
Martin Q. Blank
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tjones said:

Just to clarify, so yall can maybe help with details. We have a month to month lease. On December 5th I sent her a 30 day move out notice, certified. Her rent payment was due on December 15th. Still unpaid as if today.

I was planning on sending her the 3 day vacate notice today. Are there any issues with that? At this point I don't anticipate getting paid or really care about getting the December rent, I just want her out of the house.

Any problems sending 3 day vacate notice even though it would be prior to 30 day move out? Last payment from her was on November 15th.

Lease is for a furnished house, all Bill's paid.
Post the 3 day vacate notice in person today. When you talk to her, tell her if she vacates in the 3 days you will offer her $500 and no eviction. Win-win for both of you. Otherwise you're going to court and she'll have an eviction on her record.
tjones
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Thanks for the info. Do I just go and tape it to front door or what?

Should I also send it certified too?
Martin Q. Blank
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tjones said:

Thanks for the info. Do I just go and tape it to front door or what?

Should I also send it certified too?
You can tape it on the front door. Take a picture. But knock on the door and offer her the deal.
Hupernikao
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Some incorrect advice on this thread that will only extend the eviction process. The notice requirements of texas property code are very detailed and you can lose the eviction case is you miss one detail if the tenant pulls that card (few know, so this only applies if they hire an attorney which is rare)

1. Do not cut utilities or anything like that. That is called a constructive eviction and is a good way to lose a lawsuit and be out a lot of money. It's illegal.

2. You cannot just post on front door like another poster said. If you do that, you must write "important notice" and the address and also mail it. The preferred method is hand deliver or taped to the inside of the door, not the outside. See property code 24.005

3. The steps to eviction is this. Post a 3 day notice to vacate due to breach of lease to the tenant following the notice requirements of texas property code section 24.005. After 3 days, file an eviction suit with the justice of the peace for where the property is located. Pay the filing fee. Then the constable will serve the tenant with the formal court summons. Show up to court and say she did not pay rent (or is holding over or both). The chances of you losing at court are slim unless they get you on technical reasons (mostly that you didn't deliver proper notice for the 3 day). Texas is very landlord friendly (contrary to what other posters have said). Once you win the court case (which the actually trial will last about 12 minutes), the judge will give the tenant some time to move out, usually about 5 days. After the 5 days, if they are not out, you go back to court to file a writ of possession. Then the tenant is served again with a date that their stuff will be moved to the curb without their consent under the watch of the constable. This is rare, most tenants don't let it get to this point. But if it does happen, the constables won't help, they just are present while you move the tenants stuff to the curb.

I run a large property management company and unfortunately, we have to go through this process monthly. From 3 day notice to writ of possession, it takes about 1.5 months. However, it rarely goes that far. Vast majority of tenants are going to move out before the original court date once they get the summons and know it's legit.
AggieGunslinger
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I guess I am in the minority then, but taking 6 weeks to get someone off my property while they potentially do damage out if spite doesn't meet my definition of landlord friendly.
98PercenterAg
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AggieGunslinger said:

I guess I am in the minority then, but taking 6 weeks to get someone off my property while they potentially do damage out if spite doesn't meet my definition of landlord friendly.
+1. I'm not going to shill for the law on this one. Pay your bills or get the hell out.
AggieGunslinger
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And follow hupers advice, while I disagree with his take on Landlord friendly all his advice is dead on, I would add that I always wear a shirt with a front pocket, put my phone in it and record the whole thing as backup.
BenFiasco14
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Seal the house in a cement block so that she slowly starves to death. After a month just call the cleaning service.
CNN is an enemy of the state and should be treated as such.
Troglodyte
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KayJayKay said:

Texas is like the best landlord friendly state!
Go try and evict in CA, NY, IL, NJ and you might have a different opinion.
True. Texas used to be great for the landlord. Covid got our judges being activist for tenants. The eviction process differs greatly by court/judge now.
BenFiasco14
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Troglodyte said:

KayJayKay said:

Texas is like the best landlord friendly state!
Go try and evict in CA, NY, IL, NJ and you might have a different opinion.
True. Texas used to be great for the landlord. Covid got our judges being activist for tenants. The eviction process differs greatly by court/judge now.


Yeah, Harris and Fort Bend counties refused to grant evictions or foreclosures from COVID up until I left that line of work. Was also nice getting preached at by the judges each time how I didn't have a heart and was soul less.

Good job, dumbass voters
CNN is an enemy of the state and should be treated as such.
Hupernikao
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It might be locality based but I've never experienced issues with evicting where professional tenants can game the system. I've heard of that in Florida for sure. Maybe the big cities have activist JPs but here in East texas. It's pay or get out, just gotta wait for the court date! The damage concern is valid from deadbeat tenants. I guess in my take of landlord friendly is compared to horror stories I hear about other states!
tjones
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So.... she said she would be out by 5 PM today and that she'd leave the rent check on kitchen counter.

1. Her being out yet is doubtful...

2. Will check actually be there? If so, will it actually clear?

3. Is the house destroyed?

I'll keep yall posted!
Sea Speed
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Well?
tjones
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I'm on way now to check it out!
tjones
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Totally and completely trashed.
BenFiasco14
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Let's see some pics
CNN is an enemy of the state and should be treated as such.
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