How to file eviction austin texas
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, as long as case involves just non-payment of rent. Breach of contract type cases may require your testimony.
A – No, as long as case involves just non-payment of rent. Breach of contract type cases may require your testimony.
Q – Are you an Attorney?
A – We have a Texas licensed Attorney as a member of our team that can represent you. We make sure all of your cases are going through the legal system effectively and efficiently.
A – We have a Texas licensed Attorney as a member of our team that can represent 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 you and give you 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 you and give you a date and time the physical eviction can take place.
Q – Does your eviction include cleanout and repairs?
A – No.
A – No.
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