How To Get A Writ Of Possession In Texas

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So, You Want to Kick Someone Out of Your House in Texas? A Guide to Writs of Possession

Let’s talk about something fun: evicting people! Okay, maybe not fun, but definitely satisfying. If you’re a landlord in the great state of Texas and you’ve got a tenant who’s decided to turn your property into their personal squat, it's time to take action. Enter the writ of possession. This magical piece of paper is your golden ticket to reclaiming your property.

How To Get A Writ Of Possession In Texas
How To Get A Writ Of Possession In Texas

What is a Writ of Possession, Anyway?

Think of a writ of possession as a court-issued eviction notice on steroids. It's a legal document that tells the constable (or sheriff, depending on the county) to physically remove someone from your property. It’s like calling in the eviction SWAT team.

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How to Get Your Hands on This Baby

  1. Serve ‘Em with Papers: First, you need to give your tenant a proper eviction notice. This is where you let them know they're not paying rent, respecting the property, or maybe they're just being a general nuisance.
  2. Court Date Shenanigans: If your tenant doesn't hightail it out of there after the notice, you’ll need to go to court. Prepare for a riveting legal battle (or, more likely, a quick hearing).
  3. Victory Lap: If the court decides in your favor, woohoo! You've won the first round. Now, you’ll need to get a judgment for possession.
  4. The Writ Itself: Once you have that judgment, you can apply for a writ of possession. This is where the magic happens. Pay a fee, fill out some paperwork, and voila! You’re one step closer to eviction bliss.

The Grand Finale: Eviction Day

Once you have the writ, the constable will schedule a date and time to remove the tenant. It's like watching a real-life episode of Storage Wars, but without the treasure.

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Important Note: This is a simplified version of the eviction process. Laws can vary by county, and there are specific timelines and procedures to follow. It’s always a good idea to consult with a landlord-tenant attorney.

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Frequently Asked Questions

How To FAQs

  • How to serve an eviction notice in Texas? Generally, you must serve the notice personally to the tenant or by posting it on the front door.
  • How long does it take to get a writ of possession in Texas? The timeline can vary, but it usually takes a few weeks from the filing of the eviction lawsuit to the issuance of the writ.
  • How much does it cost to get a writ of possession in Texas? The cost varies depending on the county, but it typically includes court fees, constable fees, and attorney fees.
  • How to handle tenant's belongings after eviction? Texas law generally allows landlords to move the tenant's belongings to a secure location on the property. Check local ordinances for specific regulations.
  • How to prevent eviction as a tenant? Pay your rent on time, follow the terms of your lease, and communicate with your landlord about any issues.

Remember, while evicting someone is never pleasant, understanding the process can help you protect your investment. Good luck, and may the force (of law) be with you.

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Quick References
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census.govhttps://www.census.gov/quickfacts/TX
bizjournals.comhttps://www.bizjournals.com/houston
texas.govhttps://www.texas.gov
tshaonline.orghttps://www.tshaonline.org
texas.govhttps://statutes.capitol.texas.gov

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