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The Texas Eviction Process

There are many moving parts in the eviction process, but we will focus now on the four major components.  Below we will divide each section of the eviction into phases.  Read below to understand how each phase works. 

Pre-Phase 1 is technically not part of the eviction process.  There are situations where we may need to issue a new lease, a rent change or an actual termination of the lease prior to starting the eviction process.

I’ve coined it “PRE” simple because it’s before the eviction process begins.

  • Determine the type of eviction needed.  This would be non-payment of rent or breached lease violations normally.
  • Once the type of eviction is determined we evaluate the lease to determine the amount of time needed to serve the proper eviction notice.  ***NOTE***  A three-day notice is typically not valid despite what people believe all over the internet.
  • The proper eviction notice is prepared.  ***NOTE*** Pay Rent or Quit is not valid in Texas despite what the masses believe.
  • Deliver notice properly in accordance with Texas Property Code.

Once the eviction notice is served and the proper amount of time has passed phase 2 consist of only two things.

1. File the eviction with the JP Court that services your property.

2.  Pay the eviction fee

3.  Get a court date.  ***NOTE*** some courts mail the court dates versus giving them on the spot.

You can only file for up to $10,000 in RENT (no late fees except in one court I have found) in a JP court.

Under Texas Property Code you are required to file the eviction on ALL parties associated with the lease.  

Phase three is preparing the case for court.  The items needed to present your case before a judge are the following:

  • Lease if available
  • Rent ledger
  • Any email, text or written communication that proves you told the tenant they were late and they agreed or didn’t agree
  • Copy of eviction notice
  • Proof that it was delivered properly
  • Plead case before a judge.

Phase 4 can be the most expensive part of the eviction process.  The reason is court cost and vendors needed to carry out what is required.

  • If  tenant fails to move out of the premises (assuming your case is won) five days after your court date you can then file a writ of possession.
  • The writ allows a constable or sheriff to set the person out once they are given additional notice.  Each county is different and the length of time can vary based on weather, previous writs, and available time slots.
  • Most counties require YOU to have movers to place all their belongings at the curb. After 24 hours then it must be removed from the premises by you are the same people (double move).
  • PRE-PHASE 1 5%
  • PHASE 1 75%
  • PHASE 2 15%
  • PHASE 3 10%
  • PHASE 4 .5%

I can’t make you any promises as to how your eviction will turn out, but I can promise you I’ll do my best to get them out PRIOR to having to file the eviction.

I want to briefly explain what the percentages could mean for you during this entire process.

PRE-PHASE 1 –  Out of 100 evictions (approximately) five of the cases I find it a better alternative to do some extra work prior to starting the eviction. 

Now, this is very important to understand. Statistically, 90% MOVE during this phase and no other work is needed!

PHASE-1 – 75% move out prior to going to phase 2.

PHASE-2 – Out of 100 evictions, I am required to file the eviction on approximately 10-15 tenants.

PHASE-3 – Out of 100 evictions, I go to court around 3 to 10 times. (That’s 3% to 10%)

PHASE-4 – Out of the THOUSANDS of evictions I’ve done I’ve only had to do this around 10 tens in 30+ years!  

 

*The percentages represented are not exact every single month.  These figures represent averages only based many years of doing evictions in our current format.