The Eviction Process :
- First, we mail the certified letter for the type of notice you have selected. The following day, we hand deliver the notice to the tenant. This keeps us compliant with the court’s notification time schedule. This step in the process will be completed within about 48 hours.
- If the tenant responds positively to our notice, you should accept payment only in the form of a cashiers check or money order. Do not accept personal checks! In our experience, tenants will write a bad check to delay the eviction process.
- If negotiations fail to bring you the rent, we file The Petition for Eviction at the local Precinct Courthouse, paying the required fees and setting a date for the hearing. We attend the hearing for you as your authorized agent. (A signed authorization form will be required if you do not attend the hearing with us.) We will keep you informed as far as time frames go, as each precinct handles evictions differently
- We will continue to work with your tenants to negotiate a settlement before the court date to help them understand it is for their own benefit. Should negotiations be successful and the settlement has been received, there is no need to proceed further. We recommend the next time the tenants are late, you immediately initiate the process with a 3-Day Notice and proceed to the end of the eviction. Minimize your losses and find a suitable tenant that will pay the rent on time.
- It is our opinion that you do not receive a partial payment. If you do accept a partial payment, we have to stop the eviction process; and if they fail to pay the balance due, we will need to start the eviction process all over again. (You will have to pay the filing fee again.)
- We will attend the hearing on your behalf, as your Authorized Agent, and obtain the judgment for Non Payment of Rent. The judge will give the tenants 5 days to vacate or appeal.
The Tenant Doesn’t Move Out. What Now?
If the tenants do not move out within the 5 days given by the judge you will get a WRIT of Possession. We will handle the WRIT for you and supervise the constable in forcing your tenant out. This process takes about another 5 days, but it really depends on the caseload of the precinct as to when it will happen. Once the constable has forcibly moved them and by removing their furniture with a moving company (in Harris County) you have the immediate position of your property. You have 10 days to change the locks, although the constable wants you to do it right then. This is highly recommended so the tenant does not try to gain re-entry into your house.
We are not a collection agency. Our fees are not allowed as part of the collection from the tenant as we are not attorneys. Only the court fees will be included in the final judgment.
We look forward to helping you execute a successful eviction or obtain your back rent. Houston Evictions is a service offered by Complete Property Services, LLC.
If you are looking for property management services, contact us at 713-395-1400 for more information.
Offering a Notice to Vacate Letter and full eviction services to the landlord.