Tips and Advice

The Notice to Vacate

Make sure to sign the Notice to Vacate and make at lease 2 copies of it before you deliver it.
For safety reasons, if you decide to hand-deliver the Notice, do it during daylight hours.
Write down on the copies of the Notice what time you delivered it.
It helps to have a witness with you who can watch you deliver it and testify later that they say you deliver it. That is in case the Tenant claims they never got it. Some people also have a friend take a picture of them delivering the Notice.
If you mail the Notice, it is a good idea to send it via regular mail AND certified mail. Sometimes a tenant will refuse certified mail because they can guess what it is.

Filing your Case

Call any Justice of the Peace in your County to find out what Precinct your property is in. You must file in the correct Precinct.
Before going to the Justice of the Peace Court to file your case, call them and ask what the filing fees are, and how they take payment.
Make copies of anything you are going to file with the Court and bring them with you so the Court Clerk can file stamp them for you.
The Court Clerk is who you talk to, pay fees to, and file documents with. Treat Court Clerks very kindly at all times! They have a hard job and treating them with respect goes a long way.

Going to Court

Show up early for your Court date and ask the Court Clerk where you should go for the Eviction Hearings.
Always dress professionally or they might not let you in the Courtroom.
DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week!
Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases.
Address the Judge as "Your Honor" or "Judge."
Only speak when the Judge tells you it is your turn to speak.
Don't forget a copy of your Notice to Vacate, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc.
Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.

Being a Landlord

Take just a few minutes to browse through Chapters 24 and 92 of the Texas Property Code: http://www.statutes.legis.state.tx.us/. You'll be amazed how much you learn.

I tile every square foot of my rental properties. By not using carpet I save myself the expense of replacing it every year. Tenants say something at first, but it is never a deal-breaker. They just go get a rug.

Don't let your Tenants get more than a few days behind on their rent. If you let that happen, before you know it they will be months behind. Respond to reasonable Tenant requests immediately. It is easier to demand timely rent if you are a timely and responsive.

Glossary

Here are some basic, plain-language definitions that will help your understanding of the Eviction Process.

Appeal - Asking a higher Court to reconsider your case because you lost. If you lose an eviction case in Justice of the Peace Court, you may appeal the decision to the County Court.

Citation - A legal document prepared by the Court Clerk and delivered to the Tenant by the Constable that tells the Tenant that they are being sued for possession of the property.

Constable - A peace officer that delivers the Citation to the Tenant, and oversees the Tenant's move-out while executing a Writ of Possession.

County Court - The Court directly above the Justice of the Peace Courts in every County. If you lose an eviction case in Justice of the Peace Court, you may appeal it to the County Court.

Court Clerk - The "Front Desk" for the Court. This is where you file your case, pay your filing fee, and ask procedural questions. The Court Clerk also prepares the Citation for the Constable to deliver.

Default Judgment - When you sue a Tenant for Eviction, and they do not answer or show up to Court, you win automatically, or by "default." The Court will issue you a Default Judgment which shows you won your case and are entitled to possession and/or back rent because the Tenant failed to answer.

Eviction - The process by which a Landlord removes a Tenant from rental property.

Forcible Entry and Detainer - The legal term for an eviction lawsuit in Texas.

Judgment - A legal document that says the Court formally recognizes your right to possession, back rent, and/or some other legal remedy. If you win your eviction case, the Court will give you a Judgment against the Tenant.

Justice of the Peace - A judge of a Justice of the Peace Court (also called Justice Court) that presides over Landlord-Tenant issues, as well as certain other types of cases.

Landlord - The owner of a rental property that is leased to a Tenant. Also called the lessor.

Military Affidavit - A form filed along with the Original Petition that states whether or not the Tenant is in the Military. The purpose of this form is to protect the rights of members of the U.S. armed services.

Notice to Vacate - Also called a "3 Day Notice" or a "Notice to Quit," this document is delivered to the Tenant and states that they have a certain number of days to vacate the property or else a lawsuit will be filed against them.

Original Petition - Also called a Complaint, this is the document that starts the eviction lawsuit against the Tenant.

Pauper's Affidavit - When a Tenant loses their eviction case and decides to appeal, they must post a bond, or in the alternative file a "Paupers Affidavit" which is a document upon which they swear under oath that they cannot afford to post a bond.

Precinct - Most Texas Counties are divided up into geographical districts called "Precincts." You must file an eviction case in the precinct where your rental property is located.

Tenant - A person who leases the rental property from the Landlord. Also called the lessee.

Texas Property Code - The set of Texas statutes (laws passed by the legislature) dealing with property, and which contain the Landlord-Tenant and Eviction laws.

Writ of Possession - A document that instructs the Constable to physically remove the Tenant from the rental property. The earliest this can be filed is the 6th day after you have won your eviction lawsuit.

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