Are you currently managing your own property and need to file an eviction on a non-paying tenant in Hidalgo County? You have come to the right place! We represent local and out-of-state landlords, multi-family communities, and real estate professionals
An 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.
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. Evictions can be 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.
A Writ of Possession becomes necessary when the tenant does not move out within the 5-day grace period (not to include Sundays) given to them by the Courts after the judgment of Eviction and Possession has been granted to the property owner.
This process is typically called the “physical eviction” and is only need about 22% of the time. If the tenants have not moved themselves and their belongings out by the 6th day after judgment, a Writ of Possession is filed with the court.
Once the Writ has been served to the tenants (normally within 72 hours); the tenants then have 24 hours to vacate the property.
If they still have not vacated, the constable will return to the property to ensure that the property is delivered back to the owner. In some cases, moving crews will have to be hired to remove the tenant’s personal property to the curb or designated area per the Texas Property Code.
The constable, landlord, or landlord representatives are not responsible for any damages or theft of items left on the curb or designated area per the Texas Property code of the tenant’s personal property.
Our Eviction Service Fee is $350.00. Property owners are responsible for paying any court fees.
We cannot represent owners in an appeal situation. This must be handled by a licensed attorney or by the property owner personally.