Eviction Process

Are you having issues with a current tenant and need to file an eviction due to non-payment in Harris, Fort Bend and Brazoria counties? Evicting a tenant in Texas requires you to follow certain legal procedures. We can assist with the process of removing the current tenant and securing a new tenant that is properly screened by Sugarland Property Management to deter this process from happening with a future tenant.

What is an Eviction?

Eviction is the legal process by which tenant and other occupants are removed from a rental property. A landlord can bring an eviction lawsuit if a tenant fails to pay the rent as stated in the lease agreement. The filing of an Eviction may also occur for other reasons; if the tenant is in breach of the lease contract other than the non-payment of rent. If the landlord provides evidence of any of these reasons and the tenant fails to prove otherwise, the court can order the tenant to vacate the premises even if the tenant does not agree with the decision. If the tenant refuses to vacate the property, the constable or sheriff can cause the physical removal of the tenant, all occupants, and all belongings from the leased property.

Eviction Process

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. The landlord must first deliver a written Notice to Vacate to the tenant. If the tenant does not vacate after the third day from the notice being delivered, the landlord must file an eviction suit with the JP court. A constable will deliver an eviction citation to the tenant and a hearing date will be set. If the tenant loses the eviction, the tenant will have five days to appeal the decision or vacate. If the tenant fails to vacate or does not appeal, a Writ of Possession may be filed with the court to arrange for a constable to remove a tenant and their belongings.

Writ of Possession Filing

After the Eviction is granted by the judge, the tenant has 5 days to remove themselves and their personal property. If this does not occur and the tenant still refuses to leave, you must file a WRIT OF POSSESION. This is a court order to force your tenant out of the premises with the help of a local constable.

Resources:
Texas Bar Tenants Rignts Handbook
http://www.statutes.legis.state.tx.us/