God I Love Texas Eviction Law

God I Love Texas Eviction Law

Investor · Dallas, TX · Member since 2009 · 718 posts · 913 votes

So I just finished up my first eviction proceeding. Tenants did not pay November rent, and the constable will be at their door at 9:00 am on Tuesday, December 3. The only reason it took that long to get it done is that I lost a week trying to work with them and the constables are backed up. I am thrilled at how quick and easy the process is.

This is a factor that does not mentioned as much on the forums, but I have come to believe an important factor to consider in making a decision to invest in a particular market is the strength of landlord/tenant laws. (I'm not suggesting it's determinative.) Evictions can be very expensive with lawyer fees, lost rent, and destruction/deterioration of the property. All the pro forma cash flow in the world won't do you any good if you end up with a squatter tenant in there for months not paying rent and letting the place deteriorate. (I hear about how it is in CA and the northeast and my skin crawls.) Yes, I know you can minimize your risk by good screening and yes, everyone believes they are bullet proof, but if you get enough units and do it long enough, it will happen to you. Period.

I've also come to believe that the strength of the landlord/tenant laws really has an impact on the day-to-day relationship between landlords and tenants. By being able quickly get them out of the unit if they screw around, I generally negotiate and landlord from a position of strength. I'm not suggesting that anyone should abuse this position, but it's comforting to know that I have strong laws and court systems to turn to if it goes south.

I realize from a financial perspective, it's a loss going the eviction route, but part of me is really enjoying the whole process. It's kind of fascinating to watch the legal system working the way it's supposed to, in an efficient and fair manner.

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Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
12y
Originally posted by Joe Gore:
Jon,

I always tell new landlords to go to eviction court and sit in the back row and see how the eviction process work and after that visit your constable office and find out what constable that works your area and introduces yourself... Judges here in Dallas's county will give you the eviction if you have your paperwork in order.

Joe Gore

Joe, I agree that going to eviction court is extremely educational. New landlords fear eviction because of the unknown and the adversarial nature of it. Seeing a few proceedings is so valuable.

Also, if you are looking to buy rentals, it may be a good place to find landlords who are motivated sellers.

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  • Houston, TX · Member since 2016 · 8 posts · 1 vote
    10y

    Thanks for your inquiry, Greg. A few things prolonged the process. First, I hired an eviction company to handle the process since this was my first time and I didn't know the laws or process. The eviction company initially filed the eviction that included MY address (the landlord) as the eviction address so the eviction was served to my home. This was about a 3 wk process for them  to file to the wrong address.  Once that was corrected, it took another 2 wks for the actual tenant to be served. I had to wait 2 wks for a court date. Then the tenant had 5 days to appeal the eviction and she did! That gave her another 5 days after the appeal was filed to pay at least 1 month rent or vacate (tenant was then 3 months delinquent). After the tenant did not pay or vacate, I then had to file a writ of possession to be served to her. That process took another week. The eviction process began in March and the writ was finally served in June. I was able to get a new tenant on Sept 1, 2016. When I arrived on the 3rd of Oct to do an inspection, the new tenants were gone! Needless to say, my husband and I are exhausted landlords! We give up!

  • Fort Worth , TX · Member since 2017 · 8 posts · 0 votes
    9y

    John, do you have experience with Fort Worth bankruptcy court? This is my first eviction and it took me 4 months already, but I can't still vacate the property.  The bankruptcy court judge agreed for my request of lifting motion from stay, but I don't know how long I can file eviction at bankruptcy court and how long it takes to process? 

  • Fort Worth , TX · Member since 2017 · 8 posts · 0 votes
    9y

    John, the occupants that I evicted are not the tenants because I purchased the property from foreclosure and the occupants filed bankruptcy chapter 7 after I filed eviction at the judge of peace court. 

  • Investor · Irving, TX · Member since 2015 · 101 posts · 23 votes
    7y

    Hi John,

    I see this is an old post but will as anyways.

    I am thinking of purchasing a property in a poor Dallas county neighborhood. The seller is giving a discount because there is a deadbeat tenant in the property without a lease, not paying rent and does not want to deal with it.

    How hard would it be to get a tenant out after I purchase the property? 

    Anyone with advice, suggestions or resources would be helpful.

    Thanks

    Ken

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