+ What statues govern forcible detainer actions in Texas?

The law that covers these types of actions can be found specifically in the Property Code. Section 24 is the section that governs Forcible Detainer Actions, and Section 92 covers Residential Properties.

+ What is a forcible detainer action?

A “forcible detainer” is the legal name for an “eviction” action. It is typically called either a “forcible entry and detainer” or a “forcible detainer”.

+ What rights do I have as a property owner to file an eviction?

As a property owner, your rights are usually stipulated in your lease. If there is no lease, your rights will by default be made according to the property code.

+ What are some of the common reasons to evict tenants?

Some of the most common reasons for evicting a tenant include:

(1) Non-payment of rent (2) Disturbances on the property (3) Destruction of the property (4) Prohibited Animals (5) Unauthorized Tenants.

+ As many headings as required...

Enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Neque porro quisquam est, qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit, sed quia non numquam eius modi tempora incidunt ut labore et dolore magnam aliquam quaerat voluptatem.

+ + As many headings as required...

Yes, your rights as a property owner are still protected. Although a little bit more difficult, by using the correct evidence you can still prove your case and likely be successful in your eviction action.

+ Do I have to provide my tenant notice?

Yes, this is one of the most important steps in evicting your tenant. The amount of time for this notice will be either dictated through your lease or by statutory requirements.

+ Why can’t I just change the locks on the doors when my residential tenant leaves?

Don’t do this. Please don’t do this. The law protects tenants from being locked out without receiving notice and due process. The only way to legally remove a tenant is to provide the tenant with a proper a notice to vacate and to file an eviction action once that notice period has expired.

+ The law seems to be on my side, the tenant violated their lease or didn’t pay rent, how can I lose?

Procedure, Procedure, Procedure. That’s the name of the game, typically your tenant is in the wrong and you do have a viable cause of action, but tenants lose eviction cases over small mistakes. These mistakes are usually in the form of a defect in the notice to vacate or the eviction pleading. There are other reasons, but the list goes on. Call our office to ensure that your eviction is done correctly.

+ How long does the eviction process take to be finalized?

There is no certain time frame for evictions. The time frame is typically dictated by the procedures of the court. Some courts move quicker and others move slower. Although there are ways to possibly speed up the eviction process, these techniques require knowledge of the property code and court procedure.

+ My tenant is threatening to file a jury trial; he can’t do that over an eviction?

Yes, every tenant has a right to request a jury to hear the merits of their case. Hire a Houston Attorney to help you navigate the jury trial.

+ + Is it ok if I represent myself or allow one of my agents to represent me?

Yes, the property code and Rules of Civil Procedure allow you or an authorized agent to represent your interests. This only applies to the Justice of Peace Court. Once your case is sent to the County Court at Law, you cannot allow an agent to represent you. You may have the right to represent yourself if the property is in your name, and not owned by a legal entity. If owned by a legal entity, you must seek an eviction attorney to assist you with the matter.

+ The judge rendered a judgment in my favor but my tenant has appealed the case, what happens next?

After a judgment is rendered in your favor your tenant will be allowed five days to file an appeal. Once that appeal is perfected, the case will be sent to a county court where the tenant shall receive a right to a brand new trial.

+ The judge set an appeal bond in the case, what is that?

When a judgment is rendered in favor of the winning party the judge sets an appeal bond. This amount is typically the amount required to appeal the case to the higher court. Tenants can typically pay this by cash, money order, surety bond, or filing a paupers affidavit.

+ I just received a pauper’s affidavit or paupers statement in the mail, what is this?

When a tenant is indigent and cannot afford to pay the cost of the court or post the appeal bond amount, the judicial system allows them to file one of these statements stating various factors including their income, household members, and other income factors. If the judge determines that the tenant is in fact a pauper, all court cost associated with the appeal shall be waived. Although court costs are waived, the tenant shall still be responsible for paying the bond or monthly rent into the court registry.

+ How does your service differ from other eviction services?

Our fees are designed to help the unanticipated legal cost and to make it affordable for you to want to hire us. Typically, some landlords take it upon themselves to handle the evictions for their property. Our fees are designed so that you don’t have to deal with that stress and you actually have an attorney on your side throughout the eviction practice. Most eviction services send out contract employees who have no knowledge of the ends and outs of law. Let us handle these worries for you.