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Justice of the Peace Evictions
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You can file a suit to legally evict someone in the Court. Once the suit is
filed, the Judge holds a hearing to determine who has the superior right of
possession to the property. By law, you are only allowed to sue for past due
rent in an eviction case. If you are seeking other remedies (accelerated rent,
re-letting fees, damages, utilities, deposit) you will need to file a separate
suit.
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To begin an action in the Justice Court system, it is recommended that the
plaintiff file a Justice Court Petition in writing stating the nature of the
Cause of Action, and the damages requested. All forms used to file a petition
are found in the
Form Downloads section
Disclaimer: The information contained in this section is NOT purported to be all
inclusive. Neither is it intended to serve as legal advice. You are strongly encouraged
to consult the actual law, or consult with an attorney for answers to your questions.
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There are basically four steps in the Eviction process:
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The notice to vacate:
If a landlord alleges a tenant is not paying rent, the Landlord is required by
law to give the tenant
written
notice to vacate the premises. This notice can be delivered to the tenant
personally with a witness, by cedrtified mail (return receipt requested) or by
any other method allowed by law. Unless your lease specifically states
otherwise, the law requires you to deliver the written notice, and then wait
three days before filing your suit in Justice Court. This is a legal requirement
which must be met and cannot be overlooked.
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Filing the suit:
You must file an original petition with the Court and pay court costs. These
court costs pay for filing your suit, your court hearing, and for the Constable
to serve the citation. The citation is the notice to the tenant that you are
attempting to evict him.
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Going to Court:
You must go to Court and prove your case by a preponderance of the evidence.
Simply filing a suit does not necessarily mean you will win your suit. You
should bring all documents and other evidence with you to Court in a well
organized fashion. At the hearing, you will have to present evidence to show
that you are entitled to possession of the premises.
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Writ of Possession:
If you have won your suit in Court, and the mandatory five day appeal period has
passed, and the other party is still in the premises, you can file a Writ of
Possession in Court. A Writ of Possession is a Court order to the Constable to
place you in possession of the property. The Writ of Possession will cost you an
additional fee, and may be requested at the JP office where the judgment is. The
Constable of your particular Precinct can answer your questions about this Writ.
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From start to finish
approximately
three weeks
- 3 days from notice to vacate to filing of suit
- 8-10 days to serve the citation- The law requires the defendant have six days
notice before the hearing.
- 5 days to appeal the suit following the hearing required by law.
- 2 days- The Constable is required by law to post a 24 hour vacate notice on the
Writ of Possession
20 - 23 days is the minimum amount of time to evict someone in any County in
Texas. It must also be noted that any eviction suit is subject to appeal to the
County Courts at Law.
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- There is a remedy that can shorten the time period from 23 days to ten days if
you prevail in Court. This is known as a Bond for Immediate Possession and
includes a Notice to Defendant of the Bond for Immediate Possession. By filing a
bond for immediate possession, the eviction process could be shortened provided
the defendant does not request a trial or post a counter bond
- In a Bond for Immediate Possession, you are putting up a bond for surety or
cash. If you lose your suit, you could lose all or part of your bond. It must
also be noted that any eviction suit judgment may be appealed to the County
Courts-At-Law. However, if the defendant requests a trial or files a counter
bond, the length of time involved in a Bond For Immediate Possession will be
about the same as in a normal Eviction suit.
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Sec. 92.0081, Texas Property Code: Removal of Property and Exclusion of
Residential Tenant.
- A landlord may not remove a door, window, or attic hatchway cover or a lock,
latch, hinge, hinge pin, doorknob, or other mechanism connected to a door,
window, or attic hatchway cover from premises leased to a tenant or remove
furniture, fixtures, or appliances furnished by the landlord from premises
leased to a tenant unless the landlord removes the item for a bona fide repair
or replacement. If a landlord removes any of the items listed in this subsection
for a bona fide repair or replacement, the repair or replacement must be
promptly performed
- A landlord may not intentionally prevent a tenant from entering the leased
premises except by judicial process unless the exclusion results from:(1) bona
fide repairs, construction, or an emergency; (2) removing the contents of
premises abandoned by a tenant; or (3) changing the door locks of a tenant who
is delinquent in paying at least part of the rent.
- If a landlord or a landlord's agent changes the door lock of a tenant who is
delinquent in paying rent, the landlord or the landlord's agent must place a
written notice on the tenant's front door stating: (1) an on-site location where
the tenant may go 24 hours a day to obtain the new key or a telephone number
that is answered 24 hours a day that the tenant may call to have a key delivered
within two hours after calling the number; (2) the fact that the landlord must
provide the new key to the tenant at any hour, regardless of whether or not the
tenant pays any of the delinquent rent; and (3) the amount of rent and other
charges for which the tenant is delinquent.
- A landlord may not intentionally prevent a tenant from entering the leased
premises under Subsection (b) (3) unless: (1) the tenant is delinquent in paying
all or part of the rent; and (2) the landlord has locally mailed not later than
the fifth calendar day before the date on which the door locks are changed or
hand-delivered to the tenant or posted on the inside of the main entry door of
the tenant's dwelling not later than the third calendar day before the date on
which the door locks are changed a written notice stating: (A) the earliest date
that the landlord proposes to change the door locks; (B) the amount of rent the
tenant must pay to prevent changing of the door locks; and (C) the name and
street address of the individual to whom, or the location of the on-site
management office at which, the delinquent rent may be paid during the landlord's
normal business hours
- A landlord may not change the locks on the door of a tenant's dwelling under
Subsection (b) (3) on a day, or on a day immediately before a day, on which the
landlord or other designated individual is not available, or on which any
on-site management office is not open, for the tenant to tender the delinquent
rent.
- A landlord who intentionally prevents a tenant from entering the tenant's
dwelling under Subsection (b) (3) must provide the tenant with a key to the
changed lock on the dwelling without regard to whether the tenant pays the
delinquent rent.
- If a landlord arrives at the dwelling in a timely manner in response to a tenant's
telephone call to the number contained in the notice as described by Subsection
(c) (1) and the tenant is not present to receive the key to the changed lock,
the landlord shall leave a notice on the front door of the dwelling stating the
time the landlord arrived with the key and the street address to which the
tenant may go to obtain the key during the landlord's normal office hours.
- If a landlord violates this section, the tenant may: (1) either recover
possession of the premises or terminate the lease; and (2) recover from the
landlord a civil penalty of one month's rent plus $500, actual damages, court
costs, and reasonable attorney's fees in an action to recover property damages,
actual expenses, or civil penalties, less any delinquent rent or other sums for
which the tenant is liable to the landlord.
- If a landlord violates Subsection (f), the tenant may recover, in addition to
the remedies provided by Subsection (h), an additional civil penalty of one
month's rent.
- A provision of a lease that purports to waive a right or to exempt a party from
a liability or duty under this section is void.
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