170,335
Thanks for the tag, Bruce Walter. We don't provide property management services but can connect you with brokers in the area who do, or refer you to a real estate attorney who can provide you with legal advice and local representation services.
General Answers are inline below:
Proper notice is the first step. Make sure you are meeting requirements for notice, which includes notifying all parties residing in the home (this can be a tricky area).
To file for eviction, first locate which judge and precinct the subject property is zoned for. (Check the county website for this information.)
Although the process steps can be specific to the county, our general understanding is that Landlords do not have to present in person to file for eviction. Another party may act on his or her behalf, or a landlord can complete the paperwork remotely using a notary of their choice, and then submit the documents to the JP's office by mail (including a personal check or money order), or by fax (including credit card information for payment.
Once the paperwork and filing fees are received, the clerk assigns a case number and court date.
The next step is the actual trial, where the eviction judgment issued. After judgment is issued, a tenant has 5 days in which to appeal.
After 5 days, if no appeal is made, a landlord can pursue a writ, and must file the request for writ with the corresponding payment for writ fee. The writ is what the local constable would need in order to forcibly remove somone from the property.
Notes:
1. If the eviction process is started, and the tenant moves out willingly before the court date, you can have the court date dismissed. There are generally no refunds on filing fees.
2. The initial filing requires the 'Eviction Form' and the 'Military Affidavit', as well as a signature notarized copy of your driver's license (for which there is no form) -- [and payment]
a. On the Eviction form
i. Complete the 'Plaintiff' section for the landlord
ii. Complete the 'Defendant' section for the tenant
iii. Make certain to state WHY the tenant should be evicted
iv. Provide documentation proof concerning notice to vacate if possible
v. Complete requests for $dollar amounts owed
1) A landlord can request rent up to the amount that back-rent is owed, pro-rated to the date of the trial
2) Landlords may NOT request late fees, security deposit, damages or any other costs not listed on the Eviction Form. Best advice is to seek legal advice from an attorney, or at the bare minimum, consult the county's Law Library.
Most counties provide forms such as Request for Writ and Motion for Continuance in their online packets.
Hope this helps! Our best advice and information would be referrals to local specialists who can assist you.
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John DL Arendsen
Leucadia, CA
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
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Fred Griffin Florida R...
Tallahassee, FL
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Lyn Sims
Schaumburg, IL
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Bruce Walter
West Lafayette, IN
957,679
Contact Amanda Thomas as she is a very knowledgeable broker and writes from time to time on Texas real estate law.
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Kathleen Daniels, Prob...
San Jose, CA
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Debe Maxwell, CRS
Charlotte, NC
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Lyn Sims
Schaumburg, IL
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John DL Arendsen
Leucadia, CA
6,689,776
Sorry about this John, evictions are never easy and the landlord always gets screwed.
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Bob Crane
Stevens Point, WI
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Debe Maxwell, CRS
Charlotte, NC
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John DL Arendsen
Leucadia, CA
1,101,239
I don't know about TX, and it looks like Amanda is da bomb when it comes to a TX primer. But if you ever want to invest in AZ . . . we're NOT tenant coddlers like Califelony. Proper service, 30 day notice, out! No woman, no cry. No continuances. If they were properly served, buh-bye. Our 'hangin' judge' for evictions is now the mayor. LOL!
When I did property management in CA . . . whew! Some of the stuff that went down. One tenant actually tried to do a 'Pacific Heights' on us. Failed because she was stupid but boy, she tried!
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Bruce Walter
West Lafayette, IN
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John DL Arendsen
Leucadia, CA
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Debe Maxwell, CRS
Charlotte, NC
3,430,532
Holy Gads, I am so sorry this is happening. Looks like Bruce Walter provided a great resource with Amanda Thomas ... I wish you all the best with this.
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John DL Arendsen
Leucadia, CA
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Bruce Walter
West Lafayette, IN
5,488,385
WOW Amanda Thomas! GREAT answer and best of luck, John DL Arendsen!
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Bruce Walter
West Lafayette, IN
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John DL Arendsen
Leucadia, CA
5,168,016
Good luck with getting some help from our Texas friends
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John DL Arendsen
Leucadia, CA
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Debe Maxwell, CRS
Charlotte, NC
2,849,068
Be prepared:
The best? Explain (with compassion & reasoning) to this tenant that this is a credit ruining situation for up to ten years. A black mark! Please don't do this. Move out and get a reference to boot. Pay him to leave if necessary
The Worse? File that action. That alone is scary and costly. However be prepared for an answer to the complaint and or a trial and if not handled correctly or professionally...a lose for you.
The Risk? Bankruptcy filing which delays it even more plus other games that can be played known to the local attorneys. Place in shambles when surrendered...Insurance may cover it
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John DL Arendsen
Leucadia, CA
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Debe Maxwell, CRS
Charlotte, NC
5,774,100
You can also contact Mick Michaud another Texas savvy individual. A
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John DL Arendsen
Leucadia, CA
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Lyn Sims
Schaumburg, IL
5,584,639
another reason I'm thankful for having only one investment property remaining....and it's for family members only!!! take the front door off, they'll leave... that's how it was done 30 years ago!
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Candice A. Donofrio
Fort Mohave, AZ
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John DL Arendsen
Leucadia, CA
1,538,744
I would have tagged Richard Weeks, but not only has he responded but it looks like Amanda Thomas (whom I hadn't know about) gave you an incredible answer!
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Debe Maxwell, CRS
Charlotte, NC
5,277,923
Thank you Amanda Thomas you really gave the low down..one of the reasons I don't handle rentals! I stick to listing and selling properties!
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Debe Maxwell, CRS
Charlotte, NC
2,230,207
Sounds like Amanda Thomas has your answer.
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Anthony Acosta - ALLAT...
Atlanta, GA
5,116,842
I suggest you go to the Texas Property Code or this web site:
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John DL Arendsen
Leucadia, CA
3,074,389
1,650,542
I'm not in Texas, as you know... just wanted to wish you to fix this difficult situation.
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John DL Arendsen
Leucadia, CA
4,322,035
John DL Arendsen - invest in what you can manage easily is the basic rule. Now that you already have this happen to you, try to get in touch with some local there - and if need be, visit the place once.
Good luck.
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John DL Arendsen
Leucadia, CA
5,485,011
Consult a local real estate attorney on how to minimize your loss!
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Debe Maxwell, CRS
Charlotte, NC
1,619,811
2,708,363
Here are two websites I got from the Texas Attorney General:
Texas Property Code, Title 8 Landlord Tenant, Chapter 92 Residential Tenancies
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Lyn Sims
Schaumburg, IL
8,153,230
Follow the rules and regulations in the community.
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Debe Maxwell, CRS
Charlotte, NC
5,313,834
I hope one of our Texas agents has some ideas. It could also depend which county you're in as eviction laws aren't always state-wide, but hyper local. In any case, your best bet is an attorney specializing in landlord-tenant law.
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John DL Arendsen
Leucadia, CA
602,025
Texas is generally considered a Landlord-friendly state and it shouldn't take you that long. Go to the NARPM web site and search their directory for a property manager in your area. It doesn't make sense to manage from so far away and this is perfect example of that.
4,434,227
1,618,024