Are you currently managing your own property and need to file an eviction on a non-paying tenant in Harris, Brazoria or Fort Bend counties? Tusk Property Services can help, we represent local and out of state landlords, multi-family communities and real estate professionals.
What is an Eviction?
Eviction is the legal process by which a landlord removes a tenant and other occupants from rented property. A landlord can bring an eviction lawsuit if a tenant fails to pay the rent required by the lease agreement. Eviction may also occur for other reasons, such as if a tenant fails to do things required by the lease other than pay rent. A tenant can also be evicted for staying longer than the lease agreement allows without the permission of the landlord. If the landlord provides evidence of any of these reasons and the tenant fails to prove otherwise, the court can order the tenant to move out even if he or she does not want to move. If the tenant refuses to move, the constable or sheriff can cause the physical removal of the tenant, all occupants, and all belongings from the leased property.
The eviction process is a formal procedure that will include going to the justice of the peace (JP) court or possibly to a higher court. This makes evictions complicated. The landlord must first deliver a written Notice to Vacate to the tenant. If the tenant does not move out after the deadline in the notice, the landlord must file an eviction suit with the JP court. A constable will deliver an eviction citation to the tenant. The citation will set a hearing date. If the tenant loses the eviction, the tenant will have five days to appeal the decision or move out. If the tenant fails to move out or does not appeal, a Writ of Possession may be filed with the court to seek the possession of the property.
Our Eviction Service Fee for non managed properties $399.00
Sign a 12 month management contract and the service fee is $199.00
Property owners are responsible for paying any court fees.
Our Service Includes
- Collecting documentation which includes unpaid rent owed to the owner.
- Serving Legal notice to tenant and all occupants, typically called a 3 Day Notice to Vacate by Regular Mail, Certified Mail and/or in Person.
- Guarantee that all legal paperwork to the tenant and to the court is 100% accurate.
- Filing legal paperwork and paying filing fee with Justice of Peace Court.
- Attending Court on your behalf and seek judgment of eviction & possession.
Writ of Possession filing – see explanation below.
After the Eviction is granted by the judge, the tenant has 5 days to remove their personal affects. If this does not happen and the tenant still refuses to leave, you must file a WRIT OF POSSESION. This is a court order to force your tenant out with the help of a local constable.
Please give us a call to start today… 713 614 3813