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Question

What step should I take now that papers are served? How to vacate property?

Submitted: 76 days ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Texas

Already Tried:
1 letter, 1 visit,1 email, served papers, two months behind on rent and no communication.

Posted by Andrea 76 days ago.

Info Request

Good Evening,

 

Welcome to JustAnswer

 

Due to site limitations, we sometimes see only part of your post, so please let me apologize in advance if I am asking for information you have already submitted.

 

1. Please elaborate a little on the facts, I only have one line on my screen

 

2. What state are you in

 

I will await your answers,

 

ANDREA, JD, LL.M. , Taxation

Member NY & PA Bar

75 days and 23 hours ago.

Reply

THE state I am in is Texas (Dallas). My Renters have a 1 year lease. They have missed August & September Rent. I have payed them a friendly visit, written a letter, emailed, and today served papers to evict if not paid in 3 days. They have had no comunication,except when I paid them a visit in August 16th & said they would pay the 20th. How do I enforce this eviction?

Accepted Answer

There are 4 steps in the Texas Eviction process

 

1. Notice to Vacate. Must be sent to tenant by certified mail, return receipt requested or delivered in person with a witness. Land lord waits 3 days; if tenant has not move, landlord can file suit. Unless the lease, states otherwise, the law requires that the Notice to Vacate be hand delivered to tenant.

 

The Notice to Vacate must state:

a) The number of days tenant has to vacate; and

b) That his tenant's rights to occupancy are being terminated

 

Wait 3 days, the file suit

 

2. Filing Suit

File originalPetition

Copy of Notice to Vacate

Pay Fee of about $72 (it changes periodically) This fee covers filing, court costs and

the Constable's fee to serve Citation (This is notice that you're trying to evict tenant)

 

3. Go to Court

You have to prove that you are entitled to possession

 

4. Writ of Possession

If you win your case, you have to wait 5 days, if tenant does not appeal during that time period, and has not vacated, you file a Writ of Possession which is an Order to the Constable to put you in possession of the property..The Writ of Possession ee is $155 (Also changes). The Constable is required to post the Writ of Possession for 24 hours. If tenant is still thee, Constable will remove them.

 

From start to finish it takes about 23 days to evict a tenant

I hope this has answered your question. If you have questions in the future, please feel free to ask for me. You can do so by putting my name at the beginning of your question.

_______________________________________________________________________________

 

Please press the GREEN "ACCEPT" button so that I receive credit for my work.

 

Making a deposit does not constitute an acceptance of my answer; unless you press the ACCEPT button.

 

 

Leaving positive Feedback, Bonus, etc., are always appreciated.

 

______________________________________________________________________________

 

Thank you and Good Luck!

 

ANDREA

Member, NY & PA Bar

 

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Expert: Andrea
Pos. Feedback: 98.9 %
Accepts: 
Answered: 9/8/2009

Attorney

25 yrs exp successfully representing clients in my real estate, family law and criminal defense

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