When a lease agreement is reached for either residential or commercial property, there are hopes on both sides for a productive relationship. The unfortunate reality is that sometimes those hopes go unfulfilled, and the owner of the property has to evict their tenant. It’s important to note though, that Texas law requires that a specific process be followed for an owner to reclaim access to their property. A Denison evictions attorney can work with you to ensure proper procedure is adhered to.
The state of Texas allows landlords to evict their tenants under the following conditions:
Failure to make a rent payment–one missed payment is sufficient under the law
Misuse of property–with “misuse” is defined by local, state, and federal ordinances
Breach of contract–the lease agreement itself can allow for further conditions that, if violated, can create the grounds for eviction.
The Law Office of Brett L. Evans serves all of North Texas from our Denison office. Call today for help in adhering to eviction protocol and reclaiming your property. We can be reached at (903) 201-1934 or here online to set up a consultation.
The Eviction Process in Texas
The steps required for eviction are grouped into distinct steps. Your Denison evictions lawyer is there to make sure these get followed, lest a judge prevents the eviction from taking place.
Written Notice to the Tenant
Before any formal eviction notice can be issued, the landlord must give the tenant a 72-hour window to simply move out. This notice must take place in writing. Please be aware that this window of time might be as long as 30 days, depending on whether the mortgage is federally backed. The window of time required can also be impacted by the details of the specific lease agreement involved. But three full days is the general baseline in the state of Texas.
The written notification–formally called a notice to vacate–can be delivered to the tenant in person, so long as the deliverer is at least 16 years old. If no one is available, the notice can be put on the inside of the main entry door. The notice can also be sent by mail, so long as there is either a return receipt or signature obtained. Failure to follow these protocols can ultimately result in eviction not being allowed.
Filing an Eviction Lawsuit
We’ll presume that the window of time allowed the tenant to vacate went by with no action–either in departing or in seeking a remedy for what triggered the notice to vacate. The landlord can now file an eviction lawsuit.
There will be a waiting period ranging from 10 and 21 days between the filing of the lawsuit and the actual eviction hearing. The tenant must be served with papers. The first two attempts to serve are undertaken by the local authorities, either the local constable or the Grayson County Sheriff. If the tenant is not available on either attempt the landlord can deliver the notice of a hearing themselves–again, by attaching it to the inside of the main door or slipping it through a mail slot.
Judgment & Appeal
At the eviction hearing, the judge will make his ruling. The outcome will depend on the specific circumstances of each individual case. Suffice it to say, a landlord’s case will be stronger if their attorney has diligently followed all the steps required to bring the case to this point.
Five days after a judgment has been issued, either party can choose to file an appeal. If this happens, there will be at least an eight-day waiting period for the appeal to be heard. Thus, if the landlord wins the judgment, they can’t rent out the property again just yet–there’s at least a couple weeks of waiting periods still to go.
The Writ of Possession
Once appeals have been exhausted, the court issues a writ of possession. The local authorities will give the tenant 24 hours’ notice to vacate the property. If that doesn't happen, the police will remove the tenant and their possessions, thereby returning the property to the landlord.
The eviction process can be a frustrating one for the landlord. That’s why it’s important to have an experienced evictions lawyer in their corner. A good lawyer keeps an eye on all the little details that can be aggravating but are also essential to the successful consummation of the eviction process.
The Law Office of Brett L. Evans has over 20 years of experience serving the good people of North Texas.
Call today at (903) 201-1934 or contact us online to set up a consultation.
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