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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36941
Experience:  Texas Attorney for 30 years dealing in real estate
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I had a writ of possession warning notice tapes to my door

Customer Question

I had a writ of possession warning notice tapes to my door on Wednesday stating I had to be out today. There is not way I can be out by the time it says. I have lived here 20 years and I need more time. I don't want to lose my home and I'm trying to work something out What can I do to get me more time
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you .

So has there been an eviction suit and was this from the sheriffs department, just needing to know how far along you are here.

Expert:  Ray replied 9 months ago.

Law here

Sec. 24.0061. WRIT OF POSSESSION. (a) A landlord who prevails in an eviction suit is entitled to a judgment for possession of the premises and a writ of possession. In this chapter, "premises" means the unit that is occupied or rented and any outside area or facility that the tenant is entitled to use under a written lease or oral rental agreement, or that is held out for the use of tenants generally.

(b) A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure and judgment for possession is thereafter granted by default.

(c) The court shall notify a tenant in writing of a default judgment for possession by sending a copy of the judgment to the premises by first class mail not later than 48 hours after the entry of the judgment.

(d) The writ of possession shall order the officer executing the writ to:

(1) post a written warning of at least 8-1/2 by 11 inches on the exterior of the front door of the rental unit notifying the tenant that the writ has been issued and that the writ will be executed on or after a specific date and time stated in the warning not sooner than 24 hours after the warning is posted; and

(2) when the writ is executed:

(A) deliver possession of the premises to the landlord;

(B) instruct the tenant and all persons claiming under the tenant to leave the premises immediately, and, if the persons fail to comply, physically remove them;

(C) instruct the tenant to remove or to allow the landlord, the landlord's representatives, or other persons acting under the officer's supervision to remove all personal property from the rental unit other than personal property claimed to be owned by the landlord; and

(D) place, or have an authorized person place, the removed personal property outside the rental unit at a nearby location, but not blocking a public sidewalk, passageway, or street and not while it is raining, sleeting, or snowing, except as provided by Subsection (d-1).

(d-1) A municipality may provide, without charge to the landlord or to the owner of personal property removed from a rental unit under Subsection (d), a portable, closed container into which the removed personal property shall be placed by the officer executing the writ or by the authorized person. The municipality may remove the container from the location near the rental unit and dispose of the contents by any lawful means if the owner of the removed personal property does not recover the property from the container within a reasonable time after the time the property is placed in the container.

(e) The writ of possession shall authorize the officer, at the officer's discretion, to engage the services of a bonded or insured warehouseman to remove and store, subject to applicable law, part or all of the property at no cost to the landlord or the officer executing the writ.

(f) The officer may not require the landlord to store the property.

(g) The writ of possession shall contain notice to the officer that under Section 7.003, Civil Practice and Remedies Code, the officer is not liable for damages resulting from the execution of the writ if the officer executes the writ in good faith and with reasonable diligence.

(h) A sheriff or constable may use reasonable force in executing a writ under this section.

Expert:  Ray replied 9 months ago.

If this has been heard here and this is a notice from sheriff your only remedy here is to appeal the eviction to county court.

Here is self help for that.

http://texaslawhelp.org/resource/eviction-appeals-to-county-court

Often a landlord will try to intimidate you without actually having filed for eviction.If there was a suit you would have gotten a hearing notice here with a date for hearing.You can go to hearing and ask for more time .If the eviction order was already entered appeal here is the only way to stop this for awhile.And you would want to empty out what you can here in case the sheriff shows up if there really was a writ issued.Since this is Friday it is possible they would not serve it until Monday, but you assume the risk here.

Please follow up be happy to respond.I am so sorry you are having to go through this.

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