28 December, 2015
Posted By David Pritchard
Has your tenant failed to pay their rent or otherwise violated the terms of their lease agreement? If so, you may be able to seek to have your tenant evicted. Texas has strict laws for evictions that must be followed closely, involving several court procedures and legal formalities.
To evict a tenant, a landlord must:
- Serve a Notice to Vacate:
A written notice to vacate the premises must be served to the current occupants. Once this notice is delivered, a landlord must wait three days for a response before taking further action.
- File an eviction suit:
If no response is received, a written petition for eviction can be filed with the court. The tenant will be served with a citation informing them of your intent to evict. A trial date will be scheduled.
- Go to court:
Both the landlord and the tenant must attend the scheduled court date and plead their case. All relevant documents showing a tenant’s failure to pay or breach of their lease agreement must be brought and presented. If a tenant fails to appear, the landlord will most often be granted a default judgment.
- Writ of Possession:
If a landlord prevails in court, the tenant will be given five days to submit an appeal. If this time period passes and the tenant still has not vacated the premises, a landlord can file for a Writ of Possession. This is a written order to the police to place you in possession of the property. A Writ of Possession will instruct your tenant or tenants to vacate your property within two days.
This process can be extremely stressful and confusing, making it extremely important that you retain the services of a highly trained attorney who can guide you through the appropriate legal channels. A lawyer can improve your chances of collecting the money you are owed and can ensure that your rights are protected every step of the way.
Have a Noncompliant Tenant? Call (817) 285-8017
If you are a landlord in Texas looking to evict a non-paying tenant, a Fort Worth consumer collections lawyer from The Pritchard Law Firm can protect your rights and assist you with seeking an eviction. Our firm’s highly skilled attorneys have more than 45 years of successful legal experience and are prepared to use their vast legal expertise to help you resolve your issue as swiftly as possible.
To find out more on how our top-rated legal professionals can help, request a free consultation today!