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Q - What is an eviction?
A - An eviction is a law suit filed by the landlord/owner of the property in justice court to retrieve possession of the property and any backrent owed.

Q - How long does the process take?
A - It usually takes about 15 to 25 days for us to get your case in court and heard by a judge.

Q - What happens if we go to court and tenants still don't leave?
A - We then will have to go to the next step in the eviction process. It is called "Writ of Possession".

Q - What is a "Writ of Possession?
A -It is the judges' court order for the Sheriff to go to the property and post a Notice on the door, telling the tenant they will be back in 24 hours to force them out of the property.

Q - Who provides the labor or crew to move out the furniture and other belongings?
A - In Harris County the Constables bring movers. In other counties you must provide your own.

Q - What happens if I am out of the state and don't have anybody to meet the Constable for writ of possession?
A - We can meet them the first hour is free and after that it is $100 per hour.

Q - How do I get keys?
A - After the writ of possession is completed you can meet us to get keys or come by our office or we can mail them to you if that would be more convenient.

Q - What happens if the tenant comes back after we leave the property with the Constable and breaks in or kicks the door down?
A - Now all you have to do is call the local police, the tenant is now trespassing and the police will take care of them for you.

Q - Can I cancel the eviction?
A - Yes. You can cancel the eviction at any time. Just call us and we will refund whatever money that is owed to you.

Q - Can I get my money back after 3 days?
A - No, because we would have already sent letters and paid your court cost to the judge, which represents our expense to handle your case, you will not receive a refund after 3 days. You should ask the tenant for this expense!!

Q - What happens if tenant want to give me half payment of some money?
A - Call us and we need to go over the pros and cons of taking money while the eviction is being pursued. We need to show you how to do the math so you want to void the eviction. -- CALL US FIRST!!

Q - Can we speed up the process?
A - No. Everybody has to follow the steps set out in the Texas Property Code. You have to proceed through the courts for a legal eviction and we have no control of time lines on the eviction process.

Q - Can I go and change the locks?
A - Not once the eviction suit has been started. You can before but there are tight restrictions for this call for details about why it's not a good idea.

Q - Do I have to come to court?
A - No. We will handle everything for you. There is no need for you to appear unless you have a very difficult case that will require you to testify in front of the judge.

Q - Can the tenant appeal the eviction?
A - Yes. The tenant will have 5 days after the judge rules in your favor to appeal the judges decision.

Q - What happens if the tenant appeals?
A - The Justice of the Peace will send your case to a higher court to be reheard - (Court Level is County Court of Law in the next Court Level).

Q - What do I do if they appeal?
A - We will have one of our attorney's re-do the case. This is not a problem because we can handle and get everything ready on this level also.

Q - How long will it take if it is appealed?
A - It usually takes about 10 days to get the case set and a court date in County Court of Law.

Q - How much are my fees if the judgment is appealed?
A - All cases are different, but on average attorney's will be between $500.00 and $750.00. Call for details and a break down of fees.

Q - What if the tenant damages my property or destroys my property?
A - You can sue them in small claims court for those damages. Note and take pictures and video of the damages and keep receipts of cleaning and repair work done as documentation for court.

• There is a remedy that can shorten the time period from 23 days to ten days if you prevail in Court. This is known as a Bond for Immediate Possession and includes a Notice to Defendant of the Bond for Immediate Possession. By filing a bond for immediate possession, the eviction process could be shortened provided the defendant does not request a trial or post a counter bond.
  
  
• In a Bond for Immediate Possession, you are putting up a bond for surety or cash. If you lose your suit, you could lose all or part of your bond. It must also be noted that any eviction suit judgment may be appealed to the County Courts-At-Law. However, if the defendant requests a trial or files a counter bond, the length of time involved in a Bond For Immediate Possession will be about the same as in a normal Eviction suit.

• 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 cedrtified 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
• Filing the suit:You must file an original petition with the Court and pay court costs. 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.
• 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.
• 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 and has not Appealed, 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 fee, 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.