I was pleasantly surprised to find we had two judges as guest speakers at the NARPM lunch meeting today. Here are a few things they mentioned that we may need to take into consideration.
Changes to the eviction rules for execution became effective September 1, 2013. These changes will clear up some of the ambiguities that come up in court and help to clarify the rules of law and help the judge render a judgement in law suit for eviction.
The New Rules
- Once we give a vacate notice, and before we have an eviction hearing, if a tenant makes partial payment, we need to alert them in writing, email or mail, that the eviction suit will proceed until the balance is paid in full.Once we file for the eviction, we need to send the tenant a letter instructing that no further payments should be made through Paylease or the lock box, but only in person at the office where you can give them a receipt and have them sign off that they understand the eviction is proceeding.
- Once the eviction has been granted, while awaiting a writ, we can also accept funds as long as they acknowledge in writing that we are postponing the writ to give them time to catch up, but if they don’t pay the remaining $xxx by a given date then we will file for the writ.
- We have up to 60 days following eviction to file for the writ.
- The person mailing the 3 day needs to be the one in court to testify as to the mailing.
- A tenant can now file a pauper’s affidavit more easily. If they have any type of govt assistance, they will be given an appeal. At the point the are granted an appeal, the owner needs to retain counsel for county court. This is assuming they pay whatever bond is required to the JP Court so that it gets sent on to county.
These are some of the bigger items that were introduced in new rules for eviction. They should help you prosecute the renter or the tenant will have the greater leverage if these guidelines are not followed.
Glenn A. Dickson President
Complete Property Services LLC
2429 Bissonnet #545
Houston TX 77005
licensed Texas broker for Complete Property Services LLC