What Is The Eviction Process in Texas?
In our first blog post in “The Tired Landlord Series,” we will start with a step-by-step guide for tired landlords in Texas wrestling with the complicated eviction process. If you are wondering what is “The Tired Landlord Series” all about? See our introduction overview here where we discuss the unglamorous and tedious 4T’s of being a landlord – tenants, toilets, trash, and taxes. Today, we dive in to learn what is the eviction process in Texas?
(* Please note that If you’re at your wits’ end dealing with difficult tenants and the maze-like eviction process, you might find yourself pondering, “Is there a way to sell my house fast and just be done with it?” Well, the answer is yes. At Bright Bid Homes, we buy houses. So if you want to get a cash offer for your house and move on with life, we can make that happen.)
The 10-Step Eviction Process in Texas: Your Roadmap
Step 1: Issue a 3-Day Notice to Vacate
In accordance with Texas law, you are required to serve the tenant a 3-day notice to vacate as the initial step. This notice can be mailed, hand-delivered, or sent via certified mail. Retain copies for legal documentation. The rigor of this stage alone leaves many a tired landlord contemplating other options.
Step 2: Filing an Eviction Petition
Your next step involves filing an eviction lawsuit in the Precinct and Place where the property is located. Adherence to this geographical stipulation is crucial; non-compliance could result in case dismissal.
Step 3: Constable Service
A constable will serve the eviction petition to the tenant. It’s imperative to note that this is only a procedural requirement, not the actual eviction. Tenants avoiding service can lead to a protracted process via alternative service methods, complicating matters further.
Step 4: Justice of the Peace Court Hearing
During this stage, your case will be heard among potentially hundreds of other eviction cases. Judges often allocate only a few minutes per case, a limitation that may be unsatisfactory for some landlords seeking a comprehensive judicial review.
Step 5: The Court’s Judgment
If you prevail, the tenant has five days to vacate the property, weekends inclusive. It may seem like a resolution, but the process can still continue.
Step 6: Possibility of Tenant Appeals
Should the tenant opt to appeal, the process can extend by an additional 30 to 90 days. The appeal can take one of three forms—Surety Bond, Pauper’s Affidavit, or Cash Appeal and Bond—each with its own complex set of guidelines and requirements.
Step 7: Court-Held Rent Payments
If an appeal is lodged, the tenant is required to pay the rent to the court, not you. This introduces yet another party into an already complicated financial equation.
Step 8: Required Answer Filing
In the interim between Justice of the Peace Court and County Court hearings, a written answer must be filed. Failure to submit this document could result in a default judgment against you.
Step 9: County Court Hearing
At this juncture, landlords are mandated to have legal representation. This level of court allows for a more detailed case presentation but also requires additional time and financial investment.
Step 10: Final Judgment
Upon reaching this stage, the tenant will be given another 5-10 days to vacate if you win. Failure to do so will result in the issuance of a Writ of Possession, and a constable will provide a 24-hour notice to vacate.
Bright Bid Homes: A Simplified Alternative
By now, the thought, “I need to sell my house fast and just be done with it,” is likely more appealing than ever. Bright Bid Homes offers a streamlined, efficient process for selling your property, allowing you to avoid the exhausting eviction process entirely. Key advantages include:
- Swift Closures: Transactions can often close within 7 days.
- Cash Offers: Obtain a cash offer for your property without unnecessary delays.
- No-Obligation Offer: Simply submit your property information for a free, no-obligation assessment
Are You Ready to Take the Next Step?
If you’re a tired landlord, consider submitting your property information to get a cash offer from Bright Bid Homes. The sale can happen quickly, allowing you to focus on future endeavors, both personal and financial
Skip the legal gymnastics and sell your property the easy way with Bright Bid Homes. Let us help you turn your house into a bright opportunity!
Ready for peace of mind? Submit Your Property Information Now.