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Resident Rights

Eviction Process

How does the eviction process work in the state of Texas?

Evictions in Texas must be filed in the county and precinct where the property is located, and there are basically four steps in the eviction process:

1. The Notice to Vacate

If The Property Society, LLC, alleges a resident is not paying rent, our company is required by law to give the resident written notice to vacate the premises. This notice can be delivered to the resident personally with a witness, by certified mail (return receipt requested), or by any other method allowed by law.

2. Filing the Suit

The Property Society, LLC, must file an original petition with the court and pay the appropriate court costs. These court costs pay for filing of the suit, court hearing, and for the constable to serve the citation. The citation is the notice to the resident that we are attempting to evict them.

3. Going to Court

The Property Society, LLC, must go to court and prove our case by a preponderance of the evidence. Simply filing a suit does not necessarily mean The Property Society, LLC, will win our suit. Both parties should bring all documents and other evidence with them to court in a well organized fashion. At the hearing, both parties will have to present evidence to show who is entitled to possession of the premises.

4. Writ of Possession

If The Property Society, LLC, wins our suit in court, and the mandatory five-day appeal period has passed, and the other party is still in the premises, we can file a Writ of Possession in court. A Writ of Possession is a court order to the constable to place us in possession of the property.

How long does it take to evict someone in Texas?

From start to finish, it takes approximately three weeks.