Many landlords are afraid of the eviction process, and that fear causes them to delay the start of an eviction proceeding when a tenant isn’t paying rent. An eviction is actually not scary, especially when you are organized and proactive. It’s a straightforward process in Texas, and property managers familiar with the legal requirements and court proceedings can be an excellent resource when you need to remove a tenant from your property.

Serving a Three Day Notice to Tenants

When your tenant doesn’t follow the payment procedure outlined in your lease agreement, and rent isn’t paid by the due date, try to find out when you can expect the payment. Charge any late fees that should be applied (after a one-day grace period, per Texas law), and serve a Three Day Notice. This document essentially tells the tenants that they have three days to pay the rent or move out of the property. Usually, tenants will pay within those three days or at least try to work out a payment arrangement with you. If the three days come and go and you haven’t received the late rent, your next step is to go to court.

Filing for Eviction in Court

You’ll need to go to court and file a Forcible Detainer lawsuit, which essentially gives you permission to evict tenants from your property. If you can prove that the tenants have not paid the rent as agreed upon in the lease, the judge will award you the eviction. Then, you will coordinate with the sheriff to have the tenants and their belongings physically removed, if they don’t leave on their own.

The process is straightforward, but landlords often make mistakes. You cannot change the locks yourself and you cannot turn off the utilities. Don’t confront your tenants at home. Follow the proper steps, or you’ll get into your own legal trouble.

Professional Property Management

At CrossPointe Management, we will go to court for you and represent you in front of the judge. We’ll coordinate all the filings and the service of notices. This is an area that we are experienced in, and you can relax and know that we’re handling it expertly. We know the laws and the rules, and we follow them. We’ll replace your non-paying tenant with a better tenant who is well qualified and responsible.

If you need any help with eviction or property management, please contact us at CrossPointe Management.

Posted by: crosspointe on October 23, 2018
Posted in: Uncategorized