Sulthar Properties provides eviction services as part of our property management service. We include eviction protection in our Platinum property management package. For more information about our property management packages, please check out the following links: Silver, Gold, and Platinum.
What is an Eviction?
An 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, and generally consists of the the following steps:
- 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 a few 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.
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Writ of Possession
A Writ of Possession becomes necessary when the tenant does not move out within the 5-day grace period (not to include Sundays) given to them by the Courts after the judgment of Eviction and Possession has been granted to the property owner. This process is typically called the “physical eviction” and is only necessary in less than a quarter of cases.
If the tenants have not moved themselves and their belongings out by the 6th day after judgment, a Writ of Possession is filed with the court. Once the Writ has been served to the tenants (normally within 72 hours); the tenants then have 24 hours to vacate the property. If they still have not vacated, the constable will return to the property to ensure that the property is delivered back to the owner.
In some cases, moving crews will have to be hired to remove the tenant’s personal property to the curb or designated area per the Texas Property Code. The constable, landlord, or landlord’s representatives are not responsible for any damages or theft of items left on the curb or designated area per the Texas Property code of the tenant’s personal property.
Pets will be removed to the nearest animal shelter by Animal Control if left abandoned. It is also best to have a locksmith on-site at this time to change the locks.
As part of our Platinum property management package, Sulthar Properties will pay the following fees on uncontested evictions up to $750, which includes court costs for eviction filing as well as Writ of Possession, and broker representation fees. Sulthar Properties cannot represent owners in an appeal situation. This must be handled by a licensed attorney or by the property owner personally.
Our protection program does NOT include the following:
- The cost of a jury trial (which is incredibly rare)
- Any lost rent
- Any damage to the property
- Lock re-keying
- Attorney fees
- Removal of any personal belongings left by the tenants