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what is the process i need to take to evict a tenant if their…

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what is the process i...
what is the process i need to take to evict a tenant if their was never a written lease agreement drawn up. the eviction is due to failure of rental payment
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 26 minutes by:
6/24/2010
Real Estate Lawyer: WALLSTREETESQ, Lawyer replied 8 years ago
WALLSTREETESQ
Category: Real Estate Law
Satisfied Customers: 17,267
Experience: 10 years, Real Estate litigation, represent the UFT, NYSID, AFL-CIO, PPD Network Attorney
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the fact their is no lease is not a problem, the law considers them a default month to month tenant and to evict you:

 

The notice to vacate

If a landlord alleges a tenant is not paying rent, the Landlord is required by law to give the tenant written notice to vacate the premises. This notice can be delivered to the tenant personally with a witness, by certified mail (return receipt requested) or by any other method allowed by law. Unless your lease specifically states otherwise, the law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked.

2. Filing the Suit

You must file an original petition with the Court and pay court costs of $72 (subject to change). These court costs pay for filing your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant that you are attempting to evict him.

3. Going to Court

You must go to Court and prove your case by a preponderance of the evidence. Simply filing a suit does not necessarily mean you will win your suit. You should bring all documents and other evidence with you to Court in a well organized fashion. At the hearing, you will have to present evidence to show that you are entitled to possession of the premises.

4. Writ of Possession

If you have won your suit in Court, and the mandatory five day appeal period has passed, and the other party is still in the premises, you can file a Writ of Possession in Court. A Writ of Possession is a Court order to the Constable to place you in possession of the property. The Writ of Possession will cost you an additional $155 (subject to change), and may be requested at the JP office where the judgment is. The Constable of your particular Precinct can answer your questions about this Writ.

 

 

 

 

 

 

 

 

 

Evictions in Texas

There are basically four steps in the Texas Eviction process:

  1. The notice to vacate

  2. Filing the Suit

  3. Going to Court

  4. Writ of Possession

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