Eviction is the legal process by which a landlord removes a tenant and other occupants from rented property. A landlord can bring an eviction lawsuit if a tenant fails to pay the rent required by the lease agreement. Eviction may also occur for other reasons, such as if a tenant fails to do things required by the lease other than pay rent. A tenant can also be evicted for staying longer than the lease agreement allows without the permission of the landlord. If the landlord provides evidence of any of these reasons and the tenant fails to prove otherwise, the court can order the tenant to move out even if he or she does not want to move. If the tenant refuses to move, the constable or sheriff can cause the physical removal of the tenant, all occupants, and all belongings from the leased property.
The eviction process is a formal procedure that will include going to the Justice of the Peace (JP) court or possibly to a higher court. Evictions can be complicated. The landlord must first deliver a written Notice to Vacate to the tenant. If the tenant does not move out after the deadline in the notice, the landlord must file an eviction suit with the JP court. A constable will deliver an eviction citation to the tenant. The citation will set a hearing date. If the tenant loses the eviction, the tenant will have five days to appeal the decision or move out. If the tenant fails to move out or does not appeal, a Writ of Possession may be filed with the court to seek the possession of the property.
As part of property management, Sulthar Properties also provides eviction services. Additional fees may be required. Please contact us for more details. Property owners are responsible for paying any court fees and attorney fees.