Hello, I was wondering what do other landlords use for eviction services here in San Antonio, TX.
I had one other eviction I used an attorney for and it cost $1000 which is pretty good.
But just wondering if there are any other options to save money besides cash for keys.
Looking for your input and referrals!
Thank you!
Super easy! You can have a tenant out in basically 21 days IF you are on top of it. Texas is very pro landlord. Here are the steps:
- Post a 3 day Notice to Pay or Quit and post it on the door: https://rentallease.com/texas/texas-three-3-day-no...
- Find out which JP Court the property lies in (JP stands for Justice of the Peace): Just search "which JP court am I in (COUNTY)
- After 3 days, you file Judgement with the County JP Court Office and pay the fee and file the Eviction Document such as this for San Antonio: http://home.bexar.org/jp/docs/PETITION_EVICTION.pd...
- The court will have the constable post the eviction notice letting you and the tenant know about the court date - which is about 10 days
- GO TO COURT! If you don't then the case will be dismissed and you will have to start all over. Again, Texas is very pro landlord. I have done hundreds of evictions and heard all types of stories from the tenants. Let me speak and DO NOT interject. At the end, typically the judge will simply ask the tenant if they have paid rent, the tenant will say no and the judge will award the landlord the judgement.
- You will need to file a WRIT OF POSSESSION in about 3 days (check the paperwork) and then go back to the JP court and pay the fee and file the WRIT OF POSSESSION.
- The constable will come out in a few days and you will need to have a few people with you to assist in getting all the possessions from the tenant out as the Constable WILL NOT assist. They are there ONLY to keep the peace. Please note the possessions of the tenant go to the curb and you are not allowed to take anything that belonged to the tenant.
Please note that if you accept ANY money from the date you file the 3 day to the actual eviction, even if it is $1, it null and voids the 3 day and you need to start over.
As long as you understand the process, you do not need an attorney. Please note I am not an attorney but in the past I have used Tom Bagby in the past: http://www.tombagbyinjurylaw.com/
Arissa
I was just in eviction court yesterday. I saw many property managers there for their clients. It is a pretty simple process. 3 day notice to vacate, then file the eviction(pay $160 or more if there are more adults named), court is in about 10 days. After you get your judgement you have to wait another 5 days to see if the tenant appeals, then file for the sheriff to be at the property to physically move tenant out, another few days.
I would ask my property manager to go and do that for me. If they cant or will not, 1000 is not bad. I have done it with an attorney when buying a property and the tenant did not want to move. I just felt since I did not know the tenant I did not want to be a part of the eviction. Otherwise I do it myself.
I am NOT an attorney, but if I can answer any other questions about Texas(I have 47 of my 50 years in Texas), let me know. My number is on my profile.
Super easy! You can have a tenant out in basically 21 days IF you are on top of it. Texas is very pro landlord. Here are the steps:
- Post a 3 day Notice to Pay or Quit and post it on the door: https://rentallease.com/texas/texas-three-3-day-no...
- Find out which JP Court the property lies in (JP stands for Justice of the Peace): Just search "which JP court am I in (COUNTY)
- After 3 days, you file Judgement with the County JP Court Office and pay the fee and file the Eviction Document such as this for San Antonio: http://home.bexar.org/jp/docs/PETITION_EVICTION.pd...
- The court will have the constable post the eviction notice letting you and the tenant know about the court date - which is about 10 days
- GO TO COURT! If you don't then the case will be dismissed and you will have to start all over. Again, Texas is very pro landlord. I have done hundreds of evictions and heard all types of stories from the tenants. Let me speak and DO NOT interject. At the end, typically the judge will simply ask the tenant if they have paid rent, the tenant will say no and the judge will award the landlord the judgement.
- You will need to file a WRIT OF POSSESSION in about 3 days (check the paperwork) and then go back to the JP court and pay the fee and file the WRIT OF POSSESSION.
- The constable will come out in a few days and you will need to have a few people with you to assist in getting all the possessions from the tenant out as the Constable WILL NOT assist. They are there ONLY to keep the peace. Please note the possessions of the tenant go to the curb and you are not allowed to take anything that belonged to the tenant.
Please note that if you accept ANY money from the date you file the 3 day to the actual eviction, even if it is $1, it null and voids the 3 day and you need to start over.
As long as you understand the process, you do not need an attorney. Please note I am not an attorney but in the past I have used Tom Bagby in the past: http://www.tombagbyinjurylaw.com/
Arissa
If you have a PM, definitely let them handle everything. Mine did the whole eviction for $550. Took about a month or so and was very hands off for me.
Let's start with the law: Texas Property Code, Chpt. 24. Forcible Entry and Detainer.
You do not have to be a lawyer to represent another in eviction suits. That's why property managers can represent. As of September 1, 2018, you don't have to be a lawyer to represent on appeal to County Court (note: you must comply with all the rules of civil procedure, though).
There are different procedures for different types of eviction (hold-over, non-payment, lease violation other than non-payment, etc.). JPs hold LLs to strict compliance with the lease and statutes because they are favorable to the LL. Just follow the law.
Overall, not that hard to do, which is why the legislature allows non-lawyers to do it for others. But if you still feel compelled to hire a lawyer, my flat rate is $1000 plus expenses. This is really a loss-leader for my practice, and usually only do it when there is something outside the usual. Examples for when the client really mucked up a typical eviction, or they bought at auction, or hold-over tenant when they bought from an estate, etc.