The Eviction Process
Houston Eviction Attorney – Houston Eviction Process
1. Notice to Vacate
The first step is to send a Notice to Vacate to your Bad Tenant. Texas has legal requirements for 1) the contents of the Notice, 2) how it must be served on the Bad Tenant, and 3) how much notice Owners must provide.
We serve the notice on the Bad Tenant in accordance with the law and on our letterhead so the Bad Tenant knows that you engaged an actual LAW FIRM and not a real estate agent looking to make a few extra bucks. Many “eviction services” are not attorneys and claim that by hand-delivering the notice for you, they can intimidate your tenants into paying. This is not accurate. A hand-delivered notice is not likely to intimidate anyone and can be void under Texas law. We send a Notice to Vacate to your Bad Tenant by Certified Mail Return Receipt Requested and by Regular USPS Mail on LAW FIRM letterhead. This is the BEST way to politely communicate that you are serious!
Please see a few samples of the Notices to Vacate we send in our Evictions Forms section.
2. Eviction Trial
If the Bad Tenant does not pay after receiving the Notice to Vacate, we begin the eviction process by filing the lawsuit to evict all tenants on the lease, handling all the notices and affidavits, and represent you on the day of trial. This is where most evictions stop because, once evicted, most tenants pack up and leave.
3. Writ of Possession / Eviction Appeal
After an Owner receives a Judgment in their favor, the Justice Court gives the Bad Tenant five (5) days by which they must vacate the property or appeal the judgment. On occasion, they don’t leave or they file an appeal. It’s rare, but it happens.
- Writ of Possession
If the Bad Tenant does not vacate the property after five (5) days, the Owner must file a Writ of Possession with the Justice Court. The Constable will serve the Writ and then, if the Bad Tenant still does not leave, another Constable will go to the property and remove the Bad Tenant, so that you may get their stuff out of the house and change the locks.
- Eviction Appeal
If the Bad Tenant appeals the Judgment, the appeal is called an Appeal De Novo and must be argued before a county court judge. At the county court, all rules of Texas civil procedure and evidence are enforced and the judge expects anyone before the court to KNOW THE RULES. The judges are not tolerant of people who do not know proper law and procedure. When hired, we handle all filings and notices, create all affidavits, and represent you on the day of trial.
Flat Fee Eviction Services
Notice to Vacate – $75.00 (Free for property management clients)
The first step is to send a Notice to Vacate to your Bad Tenant. Texas has legal requirements for 1) the contents of the Notice, 2) how it must be served on the Bad Tenant, and 3) how much notice Owners must provide. We serve the notice on the Bad Tenant in accordance with the law and on our letterhead so the Bad Tenant knows that you engaged an actual LAW FIRM and not a real estate agent looking to make a few extra bucks. Many “eviction services” are not attorneys and claim that by hand-delivering the notice for you, they can intimidate your tenants into paying. This is not accurate. A hand-delivered notice is not likely to intimidate anyone and can be void under Texas law. We send a Notice to Vacate to your Bad Tenant by Certified Mail Return Receipt Requested and by Regular USPS Mail on LAW FIRM letterhead. This is the BEST way to politely communicate that you are serious!
Strickland Law Firm, PLLC charges only $75.00 per Notice to Vacate.
To have us send a Notice to Vacate on your behalf, please complete the form below and we will send you an email containing an Engagement Agreement and instructions for payment.
NOTE: If Strickland Law Firm, PLLC property managers are your real estate property manager or rental property manager, the above mentioned fees do not apply. Being a client has its advantages! You receive Peace of Mind Management.
Eviction Trial – $399.00 (Free for property management clients)
If the Bad Tenant does not pay after receiving the Notice to Vacate, we begin the eviction process by filing the lawsuit to evict all tenants on the lease, handling all the notices and affidavits, and represent you on the day of trial.
Strickland Law Firm, PLLC charges only $399.00 per Eviction plus court costs and a legal messenger fee (approximately $40).
To have us represent you in an Eviction, please complete the form below and we will send you an email containing an Engagement Agreement and instructions for payment.
NOTE: If Strickland Law Firm, PLLC property managers are your real estate property manager or rental property manager, the above mentioned fees do not apply. Being a client has its advantages! You receive Peace of Mind Management.
Writ of Posession – $399.00
After an Owner receives a Judgment in their favor, the Justice Court gives the Bad Tenant five (5) days by which they must vacate the property or appeal the judgment.
If the Bad Tenant does not vacate the property after five (5) days, the Owner must file a Writ of Possession with the Justice Court. The Constable will serve the Writ and then, if the Bad Tenant still does not leave, another Constable will go to the property with a truck and remove the Bad Tenant and their belongings.
Strickland Law Firm, PLLC charges only $399.00 to file a Writ of Possession.
To have us file a Writ of Possession for you, please complete the form below and we will send you an email containing an Engagement Agreement and instructions for payment.
Eviction Appeal – $995.00
After an Owner receives a Judgment in their favor, the Justice Court gives the Bad Tenant five (5) days by which they must vacate the property or appeal the judgment.
If the Bad Tenant appeals the Judgment, the appeal is called an Appeal De Novo and must be argued before a county court judge. At the county court, all rules of Texas civil procedure and evidence are enforced. When hired, we handle all filings and notices, create all affidavits, and represent you on the day of trial.
Strickland Law Firm, PLLC charges only $995.00 per Eviction Appeal.
To have us represent you in an Eviction Appeal, please complete the form below and we will send you an email containing an Engagement Agreement, Case Questionnaire, and instructions for payment.