Vazquez Hutterer Civil Law
Eviction cases can be treacherously difficult in Texas. Evictions are filed in the justice court precinct in which the landlord’s property is located by filing a petition, which must contain a number of items of information about the case. If the petition is drafted incorrectly, your case may be dismissed. It is a good idea to hire a Texas landlord/tenant lawyer if you are having trouble with your petition. Here are a few notable steps involved with Eviction.
A landlord can seek a claim for rent in an eviction case. The eviction may be based on a tenant’s failure to pay rent or on a breach of the lease agreement. The court will only adjudicate the right to actual possession – not title. Counterclaims are not permitted. The court will not hear any other issues in an eviction suit.
In general, landlords are required to provide tenants with a 3-day notice to vacate. If the tenant does not surrender the property within the 3 days, then the landlord may file its petition. The landlord is also required to submit several other documents to the court to perfect the eviction, including providing the court with notice regarding whether any occupant is an active member of the armed forces, which can further complicate eviction proceedings.
Eviction trial may not be held less than 6 days after service of process. A trial may not be postponed for more than 7 days unless both parties agree to postpone it. The trial will typically be a bench trial without a jury. Any party may request a jury trial, but this is uncommon. If the judge finds in favor of the landlord, the judge must render judgment for possession of the premises, costs, any delinquent rent, and attorney’s fees. The judge must also issue a writ of possession on the later of the 6th day after the date the judgment for possession is signed or the day after the deadline for the tenant to appeal. This writ may be presented to your local sheriff or constable if the tenant must be forcibly evicted.
Either landlord or tenant have a right to an appeal within 5 days after the judgment is signed. The proceeding will start over in your local county court as if nothing happened in the justice court. If you need a Texas attorney to assist with your eviction appeal, contact Vazquez Hutterer PLLC today.
