Bexar County Court Evictions

The court must inform you of the date of the hearing within 10 working days. There are many reasons why a property manager may want to evict a tenant, and the eviction process can vary depending on various factors. These reasons include: if a tenant owes a new lease, even just $1.00; if unauthorized residents or visitors are in the apartment; or if there is any other material breach of the rental agreement. However, a tenant still has the right to challenge an eviction in court. Note that an eviction is different from terminating a lease at the end of its term. Step 2: Issue eviction notice – eviction notice This is the most important part of the eviction process. To begin with, the tenant must receive an eviction notice to leave. Eviction laws in Texas are very specific in terms of: 1) what should be written in the eviction notice, 2) what should not be written in the eviction notice, 3) how the eviction notice should be given to the tenant. Failure to follow the proper deportation process in Texas can have disastrous consequences.

In my experience, tenant evictions that are rejected by judges are usually due to the fact that there was a defect in the eviction notice, so this step in the process is of paramount importance because most people do it wrong. Some provisions of the Texas Eviction Act relating to eviction notice can be found below. An experienced lawyer can ensure that your eviction notice is valid. Useful tip: For eviction due to non-payment. As soon as the eviction notice has been sent for eviction, the landlord no longer has to accept payments from the tenant. However, if a payment is accepted by the tenant, a new eviction notice must be sent to the tenants and the process must begin again. Step 3: File the eviction lawsuit Once your tenant has received a valid eviction notice and the legal deadline has expired, it`s time to file the lawsuit. The legal deadline depends on the situation and can be a 3-day eviction notice; it can be a 30-day eviction notice or any period prescribed in your lease. For clients who wish to recover attorneys` fees in connection with the judgment against the tenant, the lawsuit may not be commenced until ten (10) days after the eviction notice is sent, even if a shorter period of time is specified in the selected provisions of the Texas Eviction Act with respect to the filing of the lawsuit below. For those seeking ownership of the property and less than $10,000 in damages, eviction must be filed with the court responsible for the property. It`s important to note that damages only include relocation, court costs, and attorneys` fees – physical damage to property, late fees, and utilities cannot be combined in an eviction lawsuit. Once the deportation is filed, the gendarme takes charge of the process required for the prosecution.

The court will usually assign a hearing date 1-3 days after submission. Step 4: Court Proceedings When you arrive at the court, you will inquire with the clerk. If your eviction case is called, you will contact the bank and the judge will ask you to explain the case. Sometimes tenants (defendants) don`t even bother to show up, but some do, and it`s becoming increasingly popular for tenants to hire lawyers to represent them in eviction cases. The tenant may not have a real defense (and often not), but strives to prolong the eviction as long as possible by giving their clients (your tenant) the longest possible period of time (free rent) in your property. An experienced lawyer can advise you on the most sensible course of action. After hearing the arguments of both parties, the judge renders a judgment. If the judgment applies to the plaintiff (landlord), the judgment gives the tenant five (5) days to leave the property or appeal the judgment. From there, the tenant can do one of three things: 1. The tenant can leave the property. In this case, on the sixth day after the verdict, go to the property and change the lock.

2. The tenant can NOT leave the property. See “Step 4(a): Enforcement Order” below. 3. The tenant can NOT leave the property and file an objection. See “Step 4(b): Second Trial – Appeal to The District Court” below. Step 5(a): Possession writ If the tenant has an eviction order requiring them to leave and they do not leave, you must file a possession writ. This basically means asking the gendarme to go to the property and asking the tenant to leave. What really happens is that a gendarme goes to the property and tries to give the writ to the tenant twice. If the tenant does not open the door, the gendarme will leave a message indicating that he will return and forcibly remove the tenant (if necessary). If necessary, the owner or constable removes the items and places them either in a bonded warehouse or on the sidewalk – owners should discuss this with the constable`s office, as the process varies from district to district.

This process can take up to 3 weeks and requires someone to meet with the property`s gendarme. Step 5 (b): Application for expulsion to the District Court If an application for expulsion is filed, the case is now referred to the District Court for “de novo” proceedings. It is essentially a “do over”. It can take between 2 and 6 weeks for the district court to agree on a hearing date for an eviction appeal. The entire deportation process is repeated, but unlike the Court of Justice, it must now be conducted in accordance with the Texas Rules of Civil Procedure and the Texas Rules of Evidence. District courts expect everyone to know everything a lawyer knows (including the deportation process), and this can get very complicated. They do not help landlords or tenants with legal or procedural problems and are known not to tolerate mistakes. At the end of the district court proceedings, the judge will issue a judgment.

If the judgment applies to the owner of the property, the judgment gives the tenant five (5) days to leave the property or appeal the judgment. From there, the tenant can do one of three things: 1. The tenant can leave the property. In this case, on the sixth day after the verdict, go to the property and change the lock. 2. The tenant can NOT leave the property. See “Step 4(a): Enforcement Order” above. 3. The tenant may NOT leave the property and appeal to a higher court. This is VERY rare, as the cost of the call is usually quite high.

Deportations in Texas can be a lengthy process that, if not done within the specific limits of Texas deportation law, can cost you a lot of time, money, and hassle. In San Antonio, once the tenant has received the eviction notice, the tenant must respond to the landlord with a payment or leave the residence. If the tenant does not do both, the landlord should proceed with the eviction by filing the appropriate documents with the court. If a landlord violates this law, the tenant can repossess the property or terminate the lease. In addition, the tenant could sue the landlord for civil damages of one month`s rent, $500, actual damages, legal costs and reasonable attorneys` fees. The deportation process is a formal procedure that involves going to court or possibly to a higher court.

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