Evicting Your Ex – Overview
1. Notice to Vacate
Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing. The federal CARES Act requires a 30 day notice in certain evictions where the property participates in certain federal programs or the property owner has a federally-backed mortgage.
2. File Lawsuit
Box Sample DescriptDraft and file your petition for eviction, also called forcible detainer. The petition must be filed in the justice court precinct in which the property is located. Once you file your lawsuit, the constable in the precinct in which you filed the suit will serve the tenant with the suit. The eviction hearing cannot occur for at least 10 days after filing the petition.ion
3. Hearing & Judgment
When you file your petition, the judge will set a date for you and the tenant to appear in court to determine whether the eviction should be granted. This is called a "hearing." If the judge agrees that you have complied with the eviction rules and that the eviction does not violate the lease agreement terms, the judge will issue a judgment granting the eviction. Once a judgment has been issued, no further action can take place for 5 days. This time gives the parties the opportunity to appeal.
4. Appeal (optional)
If the tenant files an appeal, the hearing cannot take place for at least 8 days. Appeals are argued before the county court at law. The appeal is a de novo hearing, which means you present your case all over again to a different judge who decides whether the eviction was properly granted or denied.
5. Re-Taking Possession
Once there is a final judgment, the tenant must vacate the residence by the deadline provided by the judge. If the tenant does not vacate the residence by the deadline, the landlord can ask the judge for a writ of possession. A writ of possession is an order from the judge to the constable of that precinct to go to the residence and forcibly remove the tenant and their property. The constable must post a 24 hour notice before "executing the writ" and removing the tenant's property from the residence.
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Eviction
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