Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.
The first thing to do is read the default and eviction sections of your lease agreement with the tenant and follow those procedures for notice.
After that you will need to file for a formal eviction with the court system if the tenant does not vacate per your notice to vacate. The rules governing the eviction process are found at the link above.
Look at Section 5117....and 5502..and chapters 57:
5502 tells you that you have to give at least 5 day eviction notice and it also tell you what needs to be included in the notice for the notice to be valid.
Chapter 57 tell you the steps to file for a summary eviction proceeding..see 5704 to 5708..and the other sections around it...
Once you file the suit the court will require the tenant to appear and answer. If he does not, the court will grant you an eviction order by default. If he does appear and has not valid defenses, the court will grant you an eviction order after the hearing.
If you have any follow up questions, let me know.
If you need more clarification or follow up information, please feel free to write back as there is no extra charge. Otherwise, please click on the ACCEPT button. Even if you have put in your payment information, I receive no credit for my time unless you press “ACCEPT”. Sometimes the law does not give you the outcome that you may have anticipated. Please understand that this is not the attorney's fault. We are assuming that you are paying for an honest and professional opinion.
Please know that there may be a delay between your follow up question and my answers because I may be helping other customers. Rest assured, I will get back to you. In the meantime, you can learn more about me by clicking on my name at the bottom left hand corner of the screen.This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at www.attorneysaccess.com or www.martindale.com.
If you feel that I went an extra step to help, a bonus would be greatly appreciated! Also, please know that you can always request me for a future question by starting your new question with “This question is for Maverick”.
What specific information were you looking for? Did you view the link I gave yo for a sample petition to get started on the eviction? There is no way for me to know what you may or may not already have known unless you tell me under the "Already Tried Section"
I need to take the time to look into the links you provided. Have not been able to really do that yet. Thanks.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).