HOW TO PROCESS EVICTIONS IN HOUSTON.
Eviction filings are hitting new highs in Texas, Dallas, San Antonio and Houston are experiencing an increase in filings from landlords looking to force out renters. It comes in the wake of the end to government bans and dwindling relief dollars.
Crowded courts with landlords trying to evict tenants are common now. There have been approximately 101, 845 filings in Houston since March 15th, 2020. 5,133 were filed in Galveston County and 96,712 were filed in Harris County. Last week alone, there were 2,308 filings. (evictionlab.org).
WHAT ARE THE STEPS IN THE EVICTION PROCESS?
Eviction proceedings do not mean that a tenant will immediately be removed from their home. There are many steps in the eviction process that each take a certain amount of time. Until a writ of possession is issued, the tenant can remain in their home.
Step 1:
NOTICE TO VACATE – Before a landlord can start legal eviction proceedings, they must give the tenant proper notice in writing. A written notification that the landlord would like the tenant to move out because the tenant has broken the lease is called a “notice to vacate.” Texas law is very specific about how the notice must be given to the tenant and what it must contain.
The notice must include:
- The amount of time the tenant has to move out or fix a certain problem before an eviction suit is filed. This must be at least 3 days unless the lease specifically states otherwise. The notice can be given to the tenant in one of the following ways:
- In person to the tenant or someone in the household who is 16 years of age or older
- In person by affixing the notice to the inside of the main entry door
- By regular mail, certified mail, or registered mail, with return receipt
- If the rental does not have a mailbox and if there are things that would prevent the landlord from attaching notice to the inside of the main entrance (such as keyless security systems or dangerous animals), they may affix it to the outside of the main entrance. It must be sealed in an envelope with appropriate markings. The landlord must also mail it on the same day.
If the notice is given in person or sent via the mail, the time given to move out before the landlord files an eviction suit starts running once it is delivered. If it is attached to the outside of the main entrance, the time starts running once the notice is affixed to the outside of the door, regardless of when the copy in the mail is delivered.
Step 2:
FILING OF EVICTION SUIT- Once the time stated in the notice to vacate has passed, a landlord can file a suit to evict. This suit should be filed in the justice court where the rental property is located.
Once the suit has been filed, the tenant must be served with papers at least 6 days before the trial. A sheriff or constable may serve the tenant with papers by delivering them to the tenant or to a member of the household who is 16 or older. If they have tried to deliver papers twice and are unsuccessful, a judge can allow the landlord to serve the tenant in another method. Other methods include slipping it through a mail slot, slipping it under the front door, or affixing it to the front door.
In justice court, the tenant is not required to file a written answer. They are allowed to do so if they disagree with the claims in the suit. If you do not file an answer, you will need to show up to the hearing or risk a default judgment against you and in favor of the landlord. The hearing will be set for no sooner than 10 days after the suit was filed and no later than 21 days.
You have the right to request a jury for your hearing. This request must be made at least 3 days before the trial.
After the hearing, a judgment will be issued. If the court rules against you, you will have the opportunity to appeal before your property is removed from the rental.
This Rule governing suits in justice court allows you to request a jury for your eviction hearing.
Step 3:
JUDGEMENT- Once a final judgment has been entered and all deadlines have expired, the landlord may ask the judge to issue a “writ of possession.” This is the final step in the eviction process. “Executing a writ of possession” is when a tenant and all their belongings and property are removed from the rental unit.
A writ of possession cannot be issued more than 60 days after the judgment is signed, but a court can allow 90 days for good cause. The writ of possession cannot be executed after the 90th day after the judgment is signed.
This rule lays out the timelines for issuing and executing a writ of possession in an eviction suit.
Step 4 (optional):
APPEAL – If the tenant files an appeal, the hearing cannot take place for at least 8 days. After the judgment is issued in the trial for the original eviction hearing, all parties have 5 days within the signing of the judgment to appeal. During this time, the court cannot issue a writ of possession to have the tenant’s property removed.
Step 5:
WRIT OF POSSESSION – Once there is a final judgment, the landlord can ask the judge for a writ of possession. The constable must post a 24 hour notice before “executing the writ” and removing the tenant’s property from the rental. This is the final step in the eviction process. “Executing a writ of possession” is when a tenant and all their belongings and property are removed from the rental unit.
A writ of possession cannot be issued more than 60 days after the judgment is signed, but a court can allow 90 days for good cause. The writ of possession cannot be executed after the 90th day after the judgment is signed.
This rule lays out the timelines for issuing and executing a writ of possession in an eviction suit.
EVICTION PROTECTION:
The cost of Eviction can be very costly. Real Property Management Prestige has come up with a way to protect you against these unexpected eviction costs. The Eviction Protection is included in our Platinum Plan at no additional cost to the Owner.
If an Eviction becomes necessary and is requested at the property being managed, Real Property Management will cover up to $2,000 in legal and court costs incurred in removing a tenant from your property (through Justice Court proceedings but excluding any appeal by a tenant).
Additionally, should the tenant request and be granted a trial by jury for the eviction proceeding, Owner and RPMP agree that this Paragraph shall not apply, and that RPMP will not be responsible for any costs incurred to litigate this case.
The Eviction Protection Plan is only offered to Owner’s who have allowed Real Property Management Prestige to properly screen their tenants through the Real Property Management Prestige screening process. The Eviction Protection Plan does not apply if the eviction process is barred or substantially limited by state, local, or national orders. Contact us today for more information about our management services.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
