Would someone be willing to talk to me about evicting my tenant?
I have a squatter in my property. They've been there without paying rent since August 1 2021. I gave them 3-day vacate notice on Aug 1. I was told by an attorney's paralegal that I needed to give a fresh 30-day vacate notice (1-2 weeks ago). The eviction moratorium has ended and I should be able to follow standard Texas eviction law which should be: 3-day notice to vacate, somehow file an eviction in court, and then get the sheriff to remove them. Should be able to get them out in ~10 days by my understanding.
Has anyone gone through this? Provide any guidance?
Hey Tim, I sent you a PM.
I'm not too familiar with Texian law but in my opinion consulting an agency dedicated to this process may be the best way to go. Although this may cost you a fair amount of money it can often be worth it when considering the cost of lost rent. In addition, I know that if you don't follow each letter of the law it may require you to start the eviction process from the beginning, providing the squatter more time to establish themselves and costing you more time and money.
Perhaps once you go through an agency you can make some notes on the process to ensure you are well prepared and can do it yourself if it ever happens again.
Good luck and I hope Karma plays in your favour.
@Tim Duggan Don't know about squatters but google crossland eviction for a good step by step eviction guide written by a pm in Austin. The jp for my rental house area has a form online to print out for filing. I have no experience with eviction but the process sounds pretty straight forward. You can verify the timeline by googling the landlord tenant handbook written by Texas Real Estate Research Center. I think it cites the property code. Good luck.
If you have a tenant that is behind on rent or struggling to get by during this Covid economy take a look at https://texasrentrelief.com/. The federal government has given Texas a few billion dollars to hand out to landlords who are having these types of tenant issues.
Typically not that hard.....Check your Justice of the Peace website for your jurisdiction. Often they will have the procedures and forms. You give the 3 day notice by mail, certified mail, and post on the inside back of the door and/or hand it to them in person. The way I read the law is you can mail it to them, but some judges interpret differently so nice to have all 3. Sworn testimony should be enough, but also nice to have a receipt from the PO regarding mail date and certified date...and a picture of you posting the notice on the door.
You do have a lease? Right? and by squatter you mean someone who has stayed past the end of the lease, the lease did not auto renew, and you gave them notice to vacate?
So once you do that and the 3 days has passed, then you can file for eviction, pay your service fee and let them get served and the JP will set a court date.
You show up to prove up your case, normally with evidence...your lease, proof of non-payment or whatever it is that you are evicting for....perhaps stayover, your proof of notice, etc....typically tenant will no-show and you win by default. Then you can set a date with the sheriff for them to be there for a period of time, maybe 1-2 hours while your crew sets out the tenants valuable items (they're always valuable) or for safety you go rent a storage unit, put the items there, give the tenant notice the items are in storage and you've paid the first month.
BINGO you have the house back.
Moratorium only applied for non-payment of rent, not squatters or other lease violations.
Read the Texas Property Code on how to do a forcible eviction and detainer suit. 30-day notice is correct.