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TENANT EVICTION PROCESS for JP COURTS

DISCLAIMER: This information is for general guidelines only concerning uncontested procedural matters. It does not purport to cover the law of evictions or address the merits of your lawsuit, and is not a substitute for sound legal advice from an attorney.

1. An eviction must be filed in the JP precinct where the rental property is located.

2. Texas Property Code, Sec. 24.005, sets out the notice requirements for eviction suits. The Notice to Vacate must be in writing and should be unconditional; it should tell the Tenant to vacate by a specific date in no uncertain terms.

3. Unless there is a written agreement between the parties shortening the notice requirements, the Landlord must wait three days after the notice is delivered before filing the eviction.

4. When filing, the Landlord should bring the following: a) a copy of the lease; b) a copy of the vacate notice; c) filing fees for eviction; and d) all contact phone numbers of the tenant(s) known by the Landlord.

5. Generally, all parties named in the lease should be sued and served with a citation in the eviction proceeding. Any judgment granted will run only against those who are specifically named and served.

6. The Landlord's agent may file the eviction suit and represent the Landlord at any default judgment hearing. If the case is contested, an agent may represent either party if the case involves non-payment of rent or holding over. The parties or their attorneys must try all other types of evictions if the case is contested.

7. A suit for rent may be filed with the eviction. Charges for non-rent items cannot be joined with the suit for eviction; those items would have to be pursued by the Landlord through Small Claims Court suit.

8. A default judgment can be granted if the Tenant fails to answer within seven days after being served.

9. Default judgment process will vary according to the court; some courts allow process by phone, while others require personal appearance.

10. The case will be set for trial after the Tenant has filed an answer at the first available time and date on the judge's docket.

11. Either party to the lawsuit has five (5) days to appeal the court's decision.

12. If neither party appeals, the Landlord may file for a Writ of Possession from the court after the five (5) day period for appeal has passed. The Writ is an order to the constable to cause the Tenant(s) to vacate the premises if they have not voluntarily vacated.

Avoid eviction in the first place! Careful screening of applicants is essential before approving them as Tenants. Will it be fool-proof and guarantee success? No, but it should lessen risks than can be foreseen. This is probably the most valuable service Recar & Associates provides - our rental criteria is strict and we have the resources to fully evaluate applicants, including credit and criminal background inquiry.

Landlords can protect their rights with more surety by using legally-drawn lease agreements, specifically those from TAR (Texas Association of Realtors) or TAA (Texas Apartment Association), or one provided by an attorney. Do-it-yourself lease forms are generally not specific to the state laws and do not contain the legal language specific to our statutes.

Time is of the essence! Notices and action should be taken according to the Lease provisions; variance could negotiate a Landlords position to evict. A Landlord can cancel an eviction suit after filing, but should not delay filing based on promise of payment.

Follow the instructions of the Court of jurisdiction carefully. Use their forms, pay the needed fees, and have proper documentation with your lease copies.