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Updated over 6 years ago on . Most recent reply

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Tony K.
  • Investor
  • Laguna Niguel, CA
3
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8
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Eviction in San Antonio, Texas

Tony K.
  • Investor
  • Laguna Niguel, CA
Posted

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!

Most Popular Reply

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153
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Arissa Pedroza
  • Real Estate Agent
  • San Antonio, tx
132
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153
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Arissa Pedroza
  • Real Estate Agent
  • San Antonio, tx
Replied

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

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