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FAQ's

General Questions

Frequently Asked Questions

The landlord must file a petition and pay the required fees at the Justice of the Peace court that has jurisdiction over the property. 

It can vary, but generally, the process takes around 3 to 4 weeks if uncontested. Contested cases may take longer. 

No, self-help evictions (such as changing locks or shutting off utilities) are illegal in Texas. A landlord must obtain a court order for eviction. 

If contested, the case will go to a hearing before a judge. Both parties will have the opportunity to present their case, and the judge will make a decision. 

The judge may rule in favor of the landlord (issuing a Writ of Possession), in favor of the tenant, or may order a different resolution, such as payment plans or repairs. 

Yes, tenants have the right to appeal an eviction judgment within a specific timeframe following the court's decision. 

Failure to follow legal procedures can result in delays, additional costs, or even legal liability for damages if the tenant's rights are violated.

Official forms and resources can typically be found on the websites of local Justice of the Peace courts, county clerk offices, or through legal aid organizations specializing in landlord-tenant law.

There are three main types of notices: Notice to Vacate for non-payment of rent, Notice to Cure or Quit for lease violations, and Notice to Vacate without specifying a reason for month-to-month leases.

The first step is to provide the tenant with a written notice to vacate the premises. This notice must comply with Texas law regarding its content and delivery method.

If the judge rules in favor of the landlord, they will issue a Writ of Possession, which allows the sheriff or constable to physically remove the tenant and their belongings from the property. 

Landlords must ensure they follow all legal procedures outlined in the Texas Property Code and adhere to fair housing laws to avoid potential discrimination claims. 

Costs typically include court filing fees, service of process fees, and possibly attorney fees if legal representation is sought. 

Yes, landlords can include a request for past due rent, damages, and court costs in their eviction lawsuit. 

What happens if the tenant files for bankruptcy during the eBankruptcy filings may temporarily halt eviction proceedings under the automatic stay, requiring landlords to seek relief from the bankruptcy court to proceed. viction process? 

Staying informed about changes in state and local laws, consulting legal resources, and attending landlord education programs can help landlords stay compliant.

Tenants may have access to legal aid services, tenant rights organizations, and government assistance programs that can provide support during the eviction process.

If the tenant does not leave the property voluntarily after the notice period expires, the landlord can file a Forcible Entry and Detainer (eviction) lawsuit in the Justice of the Peace court.

The response time depends on the type of notice given. For non-payment of rent, the tenant typically has 3 days to pay or vacate. For lease violations, they have 3 to 10 days to correct the violation or vacate.

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