What is an Eviction?
An eviction is the legal process by which a landlord removes a tenant and other occupants from rented property. A landlord can bring an eviction lawsuit if a tenant fails to pay the rent required by the lease agreement. Eviction may also occur for other reasons, such as if a tenant fails to do things required by the lease other than pay rent. A tenant can also be evicted for staying longer than the lease agreement allows without the permission of the landlord. If the landlord provides evidence of any of these reasons and the tenant fails to prove otherwise, the court can order the tenant to move out even if he or she does not want to move. If the tenant refuses to move, the constable or sheriff can cause the physical removal of the tenant, all occupants, and all belongings from the leased property.
The eviction process is a formal procedure that will include going to the Justice of the Peace (JP) court or possibly to a higher court. Evictions can be complicated, and generally consists of the the following steps:
Writ of Possession?
A Writ of Possession becomes necessary when the tenant does not move out within the 5-day grace period (not to include Sundays) given to them by the Courts after the judgment of Eviction and Possession has been granted to the property owner. This process is typically called the “physical eviction” and is only necessary in less than a quarter of cases.
If the tenants have not moved themselves and their belongings out by the 6th day after judgment, a Writ of Possession is filed with the court. Once the Writ has been served to the tenants (normally within 72 hours); the tenants then have 24 hours to vacate the property. If they still have not vacated, the constable will return to the property to ensure that the property is delivered back to the owner.
In some cases, moving crews will have to be hired to remove the tenant’s personal property to the curb or designated area per the Texas Property Code. The constable, landlord, or landlord’s representatives are not responsible for any damages or theft of items left on the curb or designated area per the Texas Property code of the tenant’s personal property.
Pets will be removed to the nearest animal shelter by Animal Control if left abandoned. It is also best to have a locksmith on-site at this time to change the locks.
As part of our Platinum property management package, DFW Property Management.com will pay the following fees on uncontested evictions up to $750, which includes court costs for eviction filing as well as Writ of Possession, and broker representation fees. DFW Property Management.com cannot represent owners in an appeal situation. This must be handled by a licensed attorney or by the property owner personally.
Our protection program does NOT include the following: