Questions and Answers
Your Questions About Rent A House
What is the least expensive way to get a non paying renter out of our rent house ?
We have not been able to contact her at all — the cell phone she had no longer holds messages. She lost her job shortly after she moved in. Her car was repossed. We mailed a certified letter to give notice to move – but it was not picked up — we left a note on her door — she apparently has not been back to the house at all in over 2 weeks. She was short last month’s rent and we have not been able to contact her at any of the numbers she put on the application. Texas is the state.
FILING AN EVICTION IN TEXAS
Evictions in Texas MUST be filed in the county and precinct where the property is located. Complete the “Eviction form for Texas” and have it notarized or sign it in front of one of the Court Clerks. Bring a copy of your “Notice to Vacate” along with the eviction form and any copies that you would like to have for your own records. You’ll be given a court date when you file your eviction with the Texas Court. Find a Lawyer in Texas
There are basically four steps in the Texas Eviction process:
The notice to vacate
Filing the Suit
Going to Court
Writ of Possession
1. The notice to vacate
If a landlord alleges a tenant is not paying rent, the Landlord is required by law to give the tenant written notice to vacate the premises. This notice can be delivered to the tenant personally with a witness, by certified mail (return receipt requested) or by any other method allowed by law. Unless your lease specifically states otherwise, the law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked.
2. Filing the Suit – You must file an original petition with the Court and pay court costs of $72 (subject to change). These court costs pay for filing your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant that you are attempting to evict him.
3. Going to Court – You must go to Court and prove your case by a preponderance of the evidence. Simply filing a suit does not necessarily mean you will win your suit. You should bring all documents and other evidence with you to Court in a well organized fashion. At the hearing, you will have to present evidence to show that you are entitled to possession of the premises.
4. Writ of Possession – If you have won your suit in Court, and the mandatory five day appeal period has passed, and the other party is still in the premises, you can file a Writ of Possession in Court. A Writ of Possession is a Court order to the Constable to place you in possession of the property. The Writ of Possession will cost you an additional $155 (subject to change), and may be requested at the JP office where the judgment is. The Constable of your particular Precinct can answer your questions about this Writ.
How long does it take to evict someone in Texas?
From start to finish approximately three weeks.
3 days from notice to vacate to filing of suit
8-10 days to serve the citation- The law requires the defendant have six days notice before the hearing.
5 days to appeal the suit following the hearing required by law.
2 days- The Constable is required by law to post a 24 hour vacate notice on the Writ of Possession
20-23 days is the minimum amount of time to evict someone in any County in Texas. It must also be noted that any eviction suit is subject to appeal to the County Courts-at-Law.
Is there a faster way to evict someone? There is a remedy that can shorten the time period from 23 days to ten days if you prevail in Court. This is known as a Bond for Immediate Possession and includes a Notice to Defendant of the Bond for Immediate Possession. By filing a bond for immediate possession, the eviction process could be shortened provided the defendant does not request a trial or post a counter bond.
In a Bond for Immediate Possession, you are putting up a bond for surety or cash. If you lose your suit, you could lose all or part of your bond. It must also be noted that any eviction suit judgment may be appealed to the County Courts-At-Law. However, if the defendant requests a trial or files a counter bond, the length of time involved in a Bond For Immediate Possession will be about the same as in a normal Eviction suit
I want to owner fiance my rent house to my current renters. How do i go about the paper work? Who do i talk to
The renters that live in my rent house right now have lived there for about 10 years and have been on time on their monthly rent. I am not in a hurry to sell my rent house but i would like to owner finace with them. The renters don’t have very good credit but they are very intrested in buying with owner finance. If I owner finace it would be a win win situation. I can sell my house and maybe get some interest on top of that and the buyers would get to own their first home.
Here is a link to a Wiki “How-to” article that pretty much walks you through the process:
Good luck with your real estate endeavors.
Where to learn how to rent house?
I am planning on going back to school for my PhD. It will be 4 years, and since I will be gone, I thought instead of selling my house, it might make more sense to rent it. Wheres a good place to learn about the rules/laws/etc as to how to rent out my house while I’m gone?
I have family in the area thats willing to help out.
If you want to be the landlord, then google “Landlord Tenant ” and really really read the laws. Spending time on this site can also help, when you read questions and answers that are from your state.
You should also have a good property or civil attorney on your side to draft your rental agreements to your specifications and to help you draft any other legal documents that might involve your tenants.
If you don’t want to be a landlord, then search for some property managment companies in your area.
You’ll need to contact your insurance provider to let them know that the property has converted to a rental as well.
Are there people who will manage my rent house for me?
I have a small house that I rent out. I work all the time and do not have time to deal with tenants, finding renters, etc. Are there people who will manage the rental house for me for a fee, and how do you find them? How do they charge, etc?
Yes, you will find them under Property Management in yellow pages for your location.
They generally charge 10% of the gross rent. They will take care of any problems and keep your place rented also they check credit of prospective tenants.
You’ll wonder how you ever managed without one!
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