BiggerPockets

Eviction, TEXAS style

Thursday, August 27

Just to post a comparison with Ohio. This is the way my leases read.

1. Rent is due on or before the first of every month

2. No late charge until morning of the 4th. 10% late fee due immediately and $10 per day for every day thereafter until paid.

3. Morning of the 4th, a 3 day notice is posted on front door.

4. On the 7th, a proceeding is filed with JP Court.

5. Tenant is served paperwork by Shefrriff or Constable. This costs $87 in service and filing  fees.

6. A court date is set for asap.

7. A judgement is issued

8. I file a writ of execution and pay $205.

9. Tenant has 5 days to file appeal. If he chooses to appeal, he must file the appeal in civil court and post a bond of three thes the judgement.

10. No Appeal, sherriff goes and removes the tenant and possessions.

    The entire process can take the entire month or longer. I always make sure I have enuff deposit to offset loss of rents and costs. The state of Texas seems to be very tenant friendly, but NOT homeowner friendly.

Comments

1. 

   Tony Tomasek Reply
   over 2 years ago

   Have you compared this to tenants rights in California? Take a look, my friend who invests there owns 5 props, and not one 12 mo lease between them. All month to month to avoid the ridiculous eviction process.

2. 

   Tony Tomasek Reply
   over 2 years ago

   Nevada is very landlord friendly from what I hear.

3. 

   Rich Weese Reply
   over 2 years ago

   Tony- My start was in So. Cal 35 years ago. It has really changed. I'm sure it is near impossible to remove defaulting tenants. Rich

4. 

   Jon Klaus Reply
   over 2 years ago

   Thanks for the simple step by step process and the lease provisions. Very helpful.

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