For fastest response, please send us an email at richard@cahanlaw.com or text (512) 843-8955
For fastest response, please send us an email at richard@cahanlaw.com or text (512) 843-8955
In this article, you will discover:
A writ of possession and a notice to vacate are two key steps in the eviction process, but they serve different purposes.
A writ of possession is the final court order requiring a tenant to leave the property. It is issued after the landlord wins a judgment and no appeal is filed. The landlord must request the writ, which the court then signs.
Once signed, the writ directs the constable to post a 24-hour notice on the property. While the notice gives the tenant a short window to vacate, enforcement involves the constable coordinating with the landlord for a final move-out which can be a few days to a few weeks.
At that point, the landlord must have a team ready to enter the property, address any locked doors, and remove the tenant’s belongings. After the locks are changed, the landlord takes control of everything inside. Items left outside are accessible to the tenant for 24 hours before being considered abandoned.
A notice to vacate, on the other hand, is the first step in an eviction. It notifies the tenant they must leave the property within a specific number of days. The landlord isn’t required to explain why unless the tenant is on housing assitance.
This notice is a necessary step before filing an eviction case in court, while the writ of possession is the final step in enforcing the tenant’s removal.
Determining when to file for a writ of possession in Travis County depends on specific circumstances following a judgment and the tenant’s status at the property.
Once the judgment is final and no appeal has been filed, the first step is to assess whether the tenant is still in possession of the property. If they are, you’ll need to file for a writ of possession.
If you believe the tenant has vacated, verify this by inspecting the property. Knock on the door and confirm whether anyone is still present. Check inside, if possible, to determine if any personal property remains.
Ideally, the tenant should explicitly state they have vacated. A clear statement like, “I and all other occupants have vacated the property, hereby return possession of the property, and abandon any personal property that may have been left behind,” removes the need for a writ of possession.
If the tenant hasn’t provided confirmation but appears to be gone, refer to the lease’s abandonment clause. If it includes a notice period, post the required notice (e.g., two days). You’ll also need to confirm that the property meets abandonment conditions, such as:
Filing a writ of possession requires a standard form provided by the Supreme Court of Texas. This form includes key details, such as the trial date and a request for a writ of possession for that date.
Along with the form, you’ll need to pay a filing fee, which typically ranges from $150 to $250 but may be higher in some counties.
For most landlords, obtaining the writ of possession isn’t the main issue. Delays typically arise after approval, during the decision-making process. Here are the most common questions landlords face at this stage:
These decisions can delay filing if landlords are hesitant or unsure about how to proceed.
Once the writ is filed, the primary challenge is managing interactions with the constables responsible for enforcement. Constables process writs in the order they’re received. Repeatedly contacting or pressuring them can actually result in your case being moved to the back of the line.
A reasonable level of follow-up may be appropriate in some cases. However, in Williamson and Travis County, the constables are generally efficient and will notify you when they’re ready. Excessive follow-up, especially in these counties, is unlikely to speed up the process and may even cause delays.
Attorney Richard Cahan is a seasoned lawyer based in Pflugerville, TX, who has helped clients navigate the intricacies of landlord-tenant law. He has proven experience and received local recognition for assisting Central Texas landlords like you with the eviction process, helping them quickly and safely take re-possession of their property.
Still have questions? Ready to get started? Contact the Law Office of Richard Cahan today at (512) 843-8955 to schedule an initial consultation.
Technically, no. All evictions in Texas are already handled as expedited proceedings, so there’s no separate process to fast-track them. That being said, the timeline for processing a writ of possession in Texas depends heavily on the specific court and constable involved.
After filing a writ of possession, most courts issue the writ and send it to the constable for processing within an hour. However, depending on the court’s clerks, this process can sometimes take a week or more.
Once the writ is with the constable, the timeline depends on their availability and procedures. Some constables may contact you the same day to schedule the move-out, which could occur within a day or two. However, all evictions must provide tenants at least 24 hours after the writ is posted to the property before proceeding with the eviction.
While an immediate possession bond can speed things up slightly—by about a week—it doesn’t significantly alter the overall timeline. All evictions are expected to be completed within 60 days of the judgment being signed, with a possible extension to 90 days if necessary. Beyond this period, complications may arise, so it’s best to avoid delays.
Once a writ of possession is issued, there is a brief period between its issuance, the constable posting it, and the scheduled move-out. During this time, the tenant is still legally allowed to remain on the property. The landlord cannot take action to remove the tenant until the constable enforces the writ.
When the constable arrives to enforce the writ, they will enter the property, remove any occupants, and ensure the tenant vacates. If the tenant cooperates, the constable may allow them to gather their belongings, with any additional time granted at the landlord’s discretion.
However, if the tenant refuses to leave or ignores the constable’s orders, they can face arrest.
Once the property is cleared, tenants have 24 hours to retrieve any belongings left outside. If they attempt to re-enter the house during this period, it is considered trespassing or breaking and entering, and the landlord can call law enforcement.
If a former tenant is found on or near the property after the 24-hour window, landlords should notify the police. Inform law enforcement that a writ of possession was executed, so the individual is no longer permitted on the property. The police may then take action, potentially charging the person with criminal trespass and making an arrest.
Concerns about property damage during the eviction process are common among landlords. Unfortunately, damage or vandalism can occur, and options for prevention are limited.
Once the tenant takes possession of the property, the law considers this a reasonable business decision by the landlord, giving the tenant the right to occupy the space.
While it is technically possible to pursue a restraining or protective order, such measures are generally impractical. These orders are costly, and in most cases, the expense outweighs the potential damage.
For more information on Evictions In Travis County, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 843-8955 today.
Attorney Richard Cahan is a seasoned lawyer based in Pflugerville, TX, who has helped clients navigate the intricacies of landlord-tenant law. He has proven experience and received local recognition for assisting Central Texas landlords like you with the eviction process, helping them quickly and safely take re-possession of their property.
Still have questions? Ready to get started? Contact the Law Office of Richard Cahan today at (512) 843-8955 to schedule an initial consultation.
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