So my tenant is two months behind on rent, I went through all the processes to lead to the eviction trial which is set for today. So my question at this point is how do I know if I need to spend the time and $$ to file a writ of possession? I have had no communication with the tenant, I have not received the keys from them, and it looks like the power is still on in the house but the blinds are all drawn so it is hard to determine if they are still living there. This is in Texas by the way.
If they show up you will have a trial. Just present the basic info and ask the Judge for a Judgement and possession of the property. Some Judges are more formal some are not. You will have to wait until the 6th day from today to file for the Writ if they are still in the property. Again some Judges count weekends and some do not. I always go inspect my properties on the day of the eviction prior to and take pictures of the current condition. I just feel this may deter and sledge hammer practice by the tenants on their way out ! Always get and Abstract of Judgement ($5) and record in the county
I inspect the property at the first sign of noncompliance. If I am serving a legal notice of any kind, it is followed by a "notice to enter". Not only does it give me a chance to document the condition of the property, but also to look for other violations to the rental agreement. Since most tenants want to be there when you enter their home, it also gives me an opportunity to talk to the tenant, especially helpful if they have been avoiding me. I will always have another person with me as a safe guard. I don't want the tenant making false claims against me for something they say I said or did.
It is especially important to remain calm and respectful in your communications. Stick to facts. Show some concern for the well being of the departing tenants. Tenants who are being asked, or court ordered, to leave will often have questions about what will happen next. I try to make the move out go as smooth as possible, by offering information they may need.
Know the process for evictions in your jurisdiction. Know landlord-tenant law better than the tenant. If you don't know what you are doing, it is best to hire an attorney who specializes in evictions to represent you.
Here in Dallas's county if the judge gives you the property back on the day of the trial the judge can give up to five days or little as 24 hours for tenant to vacant of which time a marshal will go to the property to make sure the tenant leaves.
How did it go ?
Texas law states the Writ cannot be executed until the 6th day, Please let me know which jurisdictions are doing 24 hours on a tenant eviction ?
All the judges I have been before on evictions will decide when the tenants need to go, and it is 24 hours to five days. Where you are at the judges may be the tenant friendly but here in Dallas's county, they are a landlord friendly. You might want to sit in on an eviction to learn the process.
Unfortunately over the years I have been able to "sit" (Participate) in a number of evictions and being prepared meant learning the law which is pretty clear. So which JP's in Dallas county are interpreting the law differently ?§ 24.0061. WRIT OF POSSESSION. (a) A landlord who prevails in an eviction suit is entitled to a judgment for possession of the premises and a writ of possession. In this chapter, "premises" means the unit that is occupied or rented and any outside area or facility that the tenant is entitled to use under a written lease or oral rental agreement, or that is held out for the use of tenants generally. (b) A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure and judgment for possession is thereafter granted by default.
Originally posted by Greg H.:
How did it go ?
Strangely, my case number was never called so when the clerk called me up she said that they didn't sufficient time to notify the defendant, even though the tenant was in the courtroom. I had to call the court the next day to find out what happens next; it was rescheduled for two weeks later. WTF I can't believe our system sometimes, my tenant has been in for two months rent free and now I have to wait another two weeks. And to make matters worse I am waiting to sell the house so I can 1031 exchange and buy two more; and I have been seeing a lot of good deals lately, but I have to wait. UGHHHH!
Here in Dallas's county the judges rule in their courts, and I am sure they know the state laws better than anyone of us. Are you tenant friendly?
I see that a lot with new landlords. Here in Dallas's county we work very close with the marshal's office, and they make sure your case is on the docket.
Am I tenant friendly ? Huh ? Please tell me one Jp Court that does not follow state law ? I have questioned your " this is the way we do it in Texas" and now "this is the way we do it in Dallas County" several times and you have failed to provide any case law or example.
And....the "Marshal" has zero to do with an eviction...that would be the Constable from the Sheriff's office.
What case law are you looking for. Just ask the judges in Dallas's county how they run their courts, and yes it is the Constable who comes out and the constables, here are elected and do not work for or in the Sheriff's office. The reasons I ask are your tenant friendly your post sound like you was trying to find a way for the tenant to remain an extra day in the property. Why don't you take our time and go and talk to Judge Al Cercone and ask him how he runs his court, and if you are not please with his answer, then you cite the law to him? I will check with him next week to see if you stop by.
@Joe Gore Don't you just love Google ? A quick search of Judge Al Cercone's JP Court website reveals :
oops: For some reason I cant copy and paste but the rule of law applies in his court as well
Please carry on you are the best.
I think you guys are goth right but coming at it from different angles. After judgment is given in the landlords favor there is a six say waiting period before a writ can be issued. Once the writ is issued, and signed by the judge, it is delivered withing 24 hours.
I filed for my writ of possession today and I guess my county is a little backed up; they told me it is now 48 hours until they post notice and could be up to two weeks before the constable executes the writ because he has to wait on a "truck and the storage facility" WTF. I am so fed up with this process, I had my realtor setup to go over to the house in two days to get it listed on the MLS. Now it may be up to two weeks before I can get over there. And in the meantime the tenant has the nerve to ask for more time to pay.
I will be using property management on all future properties...