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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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