Law Office of Richard Cahan

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Law Office of Richard Cahan

In Texas, landlords have the absolute right to refuse to accept late rent or to come to a reasonable agreement, and the tenant must pay the costs that have been incurred. It’s important to know how the process works and how long it will take. While we can’t tell clients precisely how long their case will take, we can say that in general, a case will take 30 days from the date the notice was delivered.

What Is The Process Of An Eviction Case In Texas?

In Texas, the eviction process starts with a review of the lease. Next, we have to decide how many days’ notice to vacate is needed, which may be dictated in the written lease. The default is three days, but sometimes 1 day, 5 days, or even 30 days are required. Once that period of time is up, the landlord can file with the court. After the papers have been filed with the court, a trial will be set to occur within 10 to 21 days.

When the landlord wins at trial, then the tenant will have five legal days to appeal the case. The actual number of days the tenant will have will depend on when the trial was held, whether or not holidays and/or weekends must be taken into consideration, and the time the court closes. For example, if a trial occurs on a Wednesday, then the tenant would have through the following Monday to file an appeal as long as there are no holidays and the court does not close before 5 pm.

If the tenant does not appeal, then the landlord can request the writ of possession, and the following day the constables will post a big red sticker on the front door warning the tenants that they’re going to come back. Typically, they set that move out with the constables the following week, so if we were requesting the writ today, we’d be looking at next week for an actual move out day. The landlord must provide movers or laborers to remove the tenant’s belongings from inside the house to the curb, as well as change the locks. If the landlord does not have access to people who can move tenant belongings, we can provide them with people who typically charge $50 for the first hour and $25 for each additional hour (per person). In the Austin, TX area, we use an amazing locksmith who is used to handling these types of situations and will ensure that the locks are done properly. Some vendors will just change the locks with no regard for whether or not they work.

In almost every single case where the tenant appeal, they use a method of appeal called an affidavit of inability to pay. We always contest these appeals and have a hearing within five days of the contest. If the other party doesn’t show up, then we automatically win. At that point, the tenant would have to appeal once again, which is even more difficult for them, as they would need to appear at a hearing within five days, which is a very quick turnaround. This gives the judge an opportunity to deny their affidavit without the landlord having to wait another month.

For more information on Important Information In An Eviction Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 829-6100 today.

Richard Cahan

CALL FOR CONSULTATION
(512) 829-6100
*Most Consultations Free Of Charge