Property Management Blog

How To File An Eviction In Houston

Lidieth Macicek - Monday, August 18, 2014

Steps To File An Eviction In Houston

Landlord’s often do not realize they don’t have to hire an expensive attorney to evict their tenants for non payment of rent.  Listed below are 4 easy steps to file an eviction in Houston.  If you are still uneasy about filing an eviction after reading these steps please contact us.  AREA Texas Realty & Management’s thorough tenant screening process and ongoing service ensure tenants are reliable and pay their rent on time.   We offer eviction services at NO additional cost.

How To File An Eviction In Houston:

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STEP 1:

A three day notice to Evict should be posted at the property and mailed certified.  Having a proper notice is one of the most important steps in the property management Houston Eviction process. Without this process, the judge will not rule in your favor.  We recommend taking a picture of the notice posted at the property.   Notice To Vacate Letter Tips

  • Include a deadline (date) to “pay-rent or move out”
  • Include the amount owed (including all fees)
  • The document should be taped to their front door, and send sent via Certified Mail

* Tenant must be given the full amount of days (not counting the date the notice was served) make rent payment.  If the tenant has not made payment within the full days you can proceed with STEP 2.

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STEP 2:

File an eviction suit in your local Justice of the Peace (JP) court if the tenant has not vacated the premises or made payment within the number of days stated on the "notice to vacate."  To find out which JP your home is located in visit http://www.courts.state.tx.us/courts/jpmaps.asp.  You will receive a court date with the eviction hearing. *Court fees range between $100-$140

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STEP 3:

Provide proof of non-payment by the tenant at court hearing. Ledgers or account statements are acceptable. If the tenant fails to appear, providing the evidence is typically enough to rule in the favor of the plaintiff and will invoke the right to evict.  If the eviction is granted by the judge the tenant has 5 days to vacate the property.  

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STEP 4:

Even though the Court may have granted eviction, your tenant may refuse to vacate the premises and surrender possession of the property.  If that is the case, then you must file for a Writ of Possession. The Writ of Possession is the forceful Order from the Court that will allow the physical removal of the tenant and their belongings from the premises.  . The court will then force the tenant out with the help of a local constable.   

Finding a great Houston Property Management company is essential to managing your assets, and with Area Texas Realty & Management you’ve found a team of talented individuals with over 20+ years of experience.  We take the steps necessary making sure your tenants are reliable to avoid having to file an eviction which cost money and time. 

We’re here to help  you with all of your property management needs. Contact us today at 713.972-1222 or via e-mail at kevin@areatexas.com .


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