How Long Does a Writ of Possession Take in Texas? A Deep Dive (or Shallow Puddle, Depending on How You Look At It)
So, you're in the unenviable position of needing to evict a tenant in Texas. Let's talk about the dreaded writ of possession. It's like a golden ticket, but in reverse. Instead of winning a chocolate factory, you're winning back your property.
The Eviction Express: How Fast Can You Get Off This Ride?
Now, you might be thinking, "Just how long is this gonna take?" Well, buckle up, because it's a rollercoaster of emotions and paperwork. The short answer is: it depends. On everything. The weather, the mood of the judge, and whether or not your tenant has a pet rock named Dwayne Johnson that they're emotionally attached to.
Generally speaking, the eviction process can take anywhere from a few weeks to a couple of months. But let's break it down:
- Notice to Vacate: This is the polite, "Hey, get out" letter you give your tenant. It's like sending a breakup text, but with less emojis. This usually takes about 3 days.
- Filing the Suit: You're officially breaking up with your tenant. This involves paperwork, court fees, and probably a bit of sighing. Figure on another week or so.
- Serving the Citation: This is like trying to serve a particularly elusive squirrel with a subpoena. It can take anywhere from 5 to 10 days.
- Court Date: Your day in court. Bring popcorn, because it might get dramatic. This usually happens within 10-21 days of the citation being served.
- The Writ of Possession: If you win (fingers crossed!), you get this magical piece of paper that tells the constable to kick your tenant out. There's a 5-day window for appeal, so add that to your timeline.
- Eviction Day: The big kahuna. The constable comes in, and your tenant, hopefully, is out. This can happen as soon as 24 hours after the writ is posted.
Factors That Can Delay Your Eviction Express
- Tenant Contests the Eviction: This is like a never-ending game of ping pong. It can add weeks, or even months, to your timeline.
- Court Backlogs: Sometimes, the justice system is just as backed up as your inbox.
- Weather: Believe it or not, the weather can play a role. Evictions can't be carried out in terrible weather conditions.
So, as you can see, there's no one-size-fits-all answer to the question, "How long does a writ of possession take?" But with a little patience (and maybe a stiff drink), you'll eventually get your property back.
How To... Eviction Edition
- How to serve a citation: Hire a process server. It's their job, and they're good at it.
- How to prepare for court: Gather your evidence, dress professionally, and bring a good lawyer (if you can afford one).
- How to handle a tenant's belongings: Once they're out, you're not responsible for their stuff. But you can't just throw it in the dumpster.
- How to change locks: Do it ASAP. You don't want your ex-tenant coming back for a surprise visit.
- How to prevent future eviction headaches: Screen tenants carefully. It's worth the extra time upfront.
Remember, dealing with an eviction is stressful, but it's not the end of the world. Stay calm, follow the process, and you'll eventually get through it. Good luck!