FAQ
Q – How does the eviction process work?
A – It starts by delivering the Three Day Notice to Vacate. If the tenant does not pay by the expiration of the notice, then a complaint for eviction would need to be filed in the precinct in which the property resides, (there are quite a few) and each one operates a little differently. At the time this complaint is filed, the owner or agent will be given a date and time to appear in court. Also at that time a citation will be prepared notifying the tenant of the hearing.
A – It starts by delivering the Three Day Notice to Vacate. If the tenant does not pay by the expiration of the notice, then a complaint for eviction would need to be filed in the precinct in which the property resides, (there are quite a few) and each one operates a little differently. At the time this complaint is filed, the owner or agent will be given a date and time to appear in court. Also at that time a citation will be prepared notifying the tenant of the hearing.
Q -How long does this whole eviction process take?
A – It really depends on the amount of cases each precinct is handling. From the time you serve the 3-Day Notice to Pay or Vacate, average time is 18-27 days. With many evictions, the tenants leave when the notice for court is posted. Other times, it will go all the way through proceedings – there really is no science; it depends on the tenants and the courts. We are here to expedite to make sure the filings happen exactly when they need too.
A – It really depends on the amount of cases each precinct is handling. From the time you serve the 3-Day Notice to Pay or Vacate, average time is 18-27 days. With many evictions, the tenants leave when the notice for court is posted. Other times, it will go all the way through proceedings – there really is no science; it depends on the tenants and the courts. We are here to expedite to make sure the filings happen exactly when they need too.
Q – What can prolong an eviction?
- Type of eviction, eviction for reason other than nonpayment could add time and could be more complicated.
- Date of posting (weekends and holidays).
- Mistakes in paper work, or wrong paper work filed.
- Appeal filed by tenant.
- Not paying any additional fees if the sheriff is needed.
Q – Is there any way that this process can be faster by using other means?
A – No. You must follow the law as set forth in the Texas Property Code. We do not control the speed – that is in the courts hands.
A – No. You must follow the law as set forth in the Texas Property Code. We do not control the speed – that is in the courts hands.
Q – Do I have to actually go to court?
A – No. We handle everything for you!
A – No. We handle everything for you!
Q – Are you an Attorney?
A – No. We are an eviction service and do not give legal advice. We do however have a Texas licensed Attorney as a member of our team that can represent you should the tenants file an appeal. The attorney can also assist in collections and any court matters once the judgment has been obtained. You are in great hands through the entire process! We will talk to the attorney for you – let us handle the headache for you! We make sure all of your cases are going through the legal system effectively and efficiently.
A – No. We are an eviction service and do not give legal advice. We do however have a Texas licensed Attorney as a member of our team that can represent you should the tenants file an appeal. The attorney can also assist in collections and any court matters once the judgment has been obtained. You are in great hands through the entire process! We will talk to the attorney for you – let us handle the headache for you! We make sure all of your cases are going through the legal system effectively and efficiently.
Q – We go to court and we are awarded the eviction judgment. What happens if the tenants still do not leave?
A – After the hearing, if the tenant fails to vacate the property after the expiration of 5 days from the day of judgment was entered which is required by law, on the 6th day the landlord may request a writ of possession. A writ of possession allows the constable to oversee the move-out of the defendant(s) from the leased premises, and insure no breach of peace is violated. The writ of possession is a separate filing fee and is not included in an uncontested eviction.
A – After the hearing, if the tenant fails to vacate the property after the expiration of 5 days from the day of judgment was entered which is required by law, on the 6th day the landlord may request a writ of possession. A writ of possession allows the constable to oversee the move-out of the defendant(s) from the leased premises, and insure no breach of peace is violated. The writ of possession is a separate filing fee and is not included in an uncontested eviction.
Q – What happens if the tenants are still residing in the home on the 6th day?
A – Filing a Writ of Possession will be necessary. This requires going back to the precinct where the original hearing was held and re-filing for possession of the property. Once this is filed, it can take anywhere from 24 – 72 hours before the tenants are notified. The constable will contact us and give us a date and time the physical eviction can take place.
A – Filing a Writ of Possession will be necessary. This requires going back to the precinct where the original hearing was held and re-filing for possession of the property. Once this is filed, it can take anywhere from 24 – 72 hours before the tenants are notified. The constable will contact us and give us a date and time the physical eviction can take place.
Q – Does your eviction include cleanout and repairs?
A – No. But we do offer these services. Please see make ready services for more information. We can get your property back to rental condition quickly and easily. Our staff has more than twenty years experience and are professional licensed and insured.
A – No. But we do offer these services. Please see make ready services for more information. We can get your property back to rental condition quickly and easily. Our staff has more than twenty years experience and are professional licensed and insured.
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