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This might be the single most asked question I get. The short answer is it varies. I know that’s not what you want to hear, but considering that this is a legal process some situations require a few minutes up to a few months.
Below I will list some rough estimates for your review.
— Give proper notice to vacate – 24 hours to 30 days. Most have heard you can give a three-day notice. Let me caution you that in 99% of my cases THIS IS NOT TRUE or accurate. The Texas Property Code clearly states you MUST give a three-day notice IF not other contractual agreement has been made. This is the tricky part. The TAA lease and the TAR lease allow for a ONE-DAY’S NOTICE (24 hours) if delivered properly. ***NOTE*** The big question now is mail time if mailed and will the judge agree with one day or are they old school and believe in only the three-day notice. On average our office sends out 5 to 7 days notices to make sure we are 100% in compliance with judges that think one day is not enough. There are cases where we MUST give 10 to 30 days due to the provisions of the lease signed by the tenant.
— File Eviction – If the tenant(s) fail to move in accordance with the notice given you then file the eviction. Most court dates are set within 14 days. There are specific Property Codes regarding this matter, but many judges do different things. I’ve seen some cases not set for up to 30 days during the holidays or renovations of court buildings. The average is 10-17 days.
— Once the eviction is filed a court date is set and you attend court to plead your case. This process is usually resolved within a matter of minutes, however I have witnessed on many cases the judge is not satisfied with what they are seeing and require one or both parties to come back. This has never happened to me, but I’m am witnessing this more and more in smaller town courts.
— If the case is won the tenant has five days to move and if not you can file a writ of possession. This gets tricky again because they have to serve them a final notice and that may be 24 hours to two weeks. It’s going to depend on how many cases are before you and believe it or not the weather. They typically will not set tenants out when it’s raining or snowing.
At the end of the day our averages look like this.
Around 85% move out within 10-14 days. I was conservative on the front page of the website by putting 75%.
Out of 100 Evictions, we will have between 3-8 on average that stay around 3 weeks. One will stay around 30 to 45 days out of 200 evictions.