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EXPEDITED EVICTION

Eviction Process in Texas

Let’s put it simply. In Texas, a landlord is allotted the right to terminate tenancy any time before evicting a tenant. In order to evict a tenant, the landlord should provide a tenant with a written notice, as required. For instance, if the tenant is not cooperating about vacating your property; even after receiving a notice, then the landlord is allowed to file an eviction lawsuit.

There are four steps of the mainstream eviction process:

  1. Notice for Termination With Cause

As the Texas Property Code indicates of the eviction procedures in Texas; a landlord can terminate the tenancy period prior to the expiration date in cases: if the tenant does not pay rent, violates the lease or rental agreement. For example a tenant is owning a non-traditional pet like Lemur in Texas or any activity that is illegal across the state lines. Filing an eviction lawsuit requires the landlord to give the tenant a three-day advance notice to vacate. The legal notice can be delivered to the tenant through a personal meeting, regular mail or by certified mail (return receipt requested). The landlord, however, does not have to give the tenant the option to fix the violation or pay the rent. It’s the standard that landlords have to maintain.

 

  1. Filing the Suit

The cost estimate of filing a petition with the court is $100.00 (subject to change). This overall cost includes costs for filing your suit, your court hearing, and for the Constable to serve the citation- your eviction notice to the tenant.

  1. For the Hearing Day

Filing a suit looks easy but it’s the hardest trophy to win. So you must collect adequate evidences to make your case stronger such as important papers and documents in a systematic manner. At the time of the hearing, present the congregated evidence to prove your possession of the property- here implies your ownership.

  1. Writ of Possession

The eviction process in Dallas Texas takes 5 days to process the appeal following the court hearing. If the mandatory five-day appeal has passed and you get no hear back on your case, you’re eligible to file a Writ of Possession in Court. A Writ of Possession is a court notice to the Constable to put you in possession of the property but this might cost you and an additional payment of $130 (subject to change) and is entreated at the Justice of the Peace office- where the judgment is conducted.

Ask The Constable of your Precinct to reach total clarity regarding this Writ. 

 

How Long Does The Eviction Proceedings Take in Texas?

In the aggregate, it takes roughly three weeks. Please find below points as an exact breakdown of time.

  • First 3 days are used in the notice to vacate to the filing of a lawsuit
  • 8-10 days for a Constable to serve the citation – According to the law, the defendant has at least 6 days but the time limit should not exceed more than 10 days before the hearing.
  • 5 days to file the suit following the hearing required by state law.
  • Last 2 days – The Constable as stated in law is required to post a 24 hour vacate notice on the Writ of Possession. The minimum duration of the landlord eviction process is 20-23 days in any Texas County.

But it should be noted that Texas eviction procedures are rigorously subject to change with the County Courts-at-Law.

Cost of Eviction Procedure in Texas

Instead of doing guesswork, you have got us as an answer to your every question. Here is an outline of all the possible expenses:

  • Filing an eviction suit in court (average $100 per tenant)
  • Filing a writ of possession (average $150)
  • Other costs include legal fees, moving expenses and repair any damages to the property.