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Writ of Possession - is required when the tenant does not voluntarily leave after the judgment |
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THE LEGAL STATUTE STATES:
§ 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.
(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. |
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Local (713) 568-6904
FAX (713) 758-0193 email info@houstonevictions.com Doug Ison Texas Certified Process Server ID: SCH 5129 |
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