Going through an eviction process can be tough for everyone involved—whether you’re a property owner trying to get your rental unit back through a writ of possession or a tenant who’s worried about where to go next. In Texas, the final step in the eviction process grants landlords the legal right to regain possession of the premises after a court ruling. Whether you’re a landlord reclaiming your rental property or a tenant unsure of what comes next, this guide will explain everything in simple terms.
Step-by-Step Guide to the Texas Eviction Process
The eviction process in Texas is governed by specific guidelines under the Texas Property Code and the Texas Rules of Civil Procedure. While the steps are straightforward, each stage carries potential pitfalls that can lead to delays or complications for both landlords and tenants. Here’s an in-depth look:
- Notice to Vacate: Landlords are required to serve a written notice to vacate, typically giving the tenant three days to leave. However, the day notice period can vary depending on the grounds for eviction (e.g., nonpayment of rent vs. lease violations). Landlords should ensure they have proof of notice delivery (e.g., certified mail, affidavit, in-person delivery with witness) to avoid disputes in eviction proceedings.
- Practical Insight: Tenants can sometimes resolve the issue before the eviction is filed by paying overdue rent or rectifying lease violations. If you’re a tenant, always respond to notices in writing and keep proof for your records.
- Case Study Example: In Harris County, a property owner lost an eviction case because the tenant claimed they never received the notice. The judge ruled in the tenant’s favor due to the lack of delivery confirmation. A sworn statement or USPS return receipt would have been satisfactory.
- Filing an Eviction Case: If the tenant doesn’t vacate, the landlord can file a forcible detainer suit in the local Justice Court. Some courts have longer wait times due to backlogs, particularly in urban areas like Dallas County, San Antonio, Harris County, Tarranty (i.e. Fort Worth and Arlington TX)
- Insider Insight: Consider the court costs and filing fee associated with submitting an eviction case in your county court, which can range from $50 to $150. Additionally, familiarize yourself with the Texas Rent Relief Program to potentially avoid eviction if the tenant’s failure to pay rent is due to COVID-19-related issues.
- Eviction Hearing: At this phase, the judge hears both sides in the eviction proceedings. If the tenant fails to show up, the landlord typically wins a default judgment. However, a well-prepared tenant can introduce evidence of habitability issues, improper notice, or retaliation, which may result in a dismissal of the case. Landlords should come prepared with detailed documentation of lease agreements or any written lease form, rent payments, and communication records.
- Landlord Tip: Bring photos of any damage to the real property, and keep a timeline of events leading up to the eviction. This may be crucial in proving your case.
- Writ of Possession: If the tenant still does not vacate after the final judgment, landlords can request a writ of possession in Texas court. This official order allows law enforcement (usually a constable) to enforce the eviction by physically removing the tenant. Only the constable’s office is authorized to execute a writ, and landlords should never attempt a self-help eviction, as this can result in legal penalties.
- Tenant Tip: If a writ of possession is filed, consider submitting an emergency motion to stay the writ if you can demonstrate an emergency, such as a health crisis or a delay in securing alternative housing.
For more detailed timelines and legal nuances, see the Texas Eviction Process Guide.
What Happens After a Writ of Possession in Texas Is Issued?
The timeline for executing a writ of possession in Texas can vary greatly depending on factors such as court backlogs, tenant appeals, a squatters rights appeal, and even seasonal changes. While state laws establishes certain timeframes, landlords should be aware that external circumstances can prolong the process:
- Post-Judgment Waiting Period: After an eviction judgment, landlords must wait five days before requesting a copy of the writ of possession. This waiting period allows tenants the opportunity to appeal the ruling or file a motion to delay the eviction. In some counties like Travis County, this waiting period is strictly enforced, but in others, it may vary depending on Justice of the Peace Precinct workloads.
- Issuing the Writ: Once the writ is requested, it typically takes a few days for the court to process it and for the constable’s office to schedule the enforcement. However, in busy counties, such as Harris or Dallas, court backlogs can cause delays. For example, during high-volume eviction periods (e.g., after holidays or during economic downturns), the process may be delayed by several weeks.
- Execution of the Writ: Once the constable serves the writ, tenants usually have 24 to 48 hours to vacate. In some cases, tenants may file a motion to stay writ, citing reasons such as a pending relocation or emergency health issue. While these motions generally only offer a few additional days of delay, they are common strategies tenants use to prolong their stay.
Pro Tip for Landlords: Contact your local County Clerk or constable’s office to inquire about any potential delays in writ execution. Knowing the average backlog times can help you plan around tenant move-out timelines.
Pro Tip for Tenants: If you are facing eviction and a writ of possession is imminent, consider contacting local legal aid organizations to help file a motion to stay the writ. This may buy you critical time to secure alternative housing.
For more information on the county-specific timelines, see the Texas County Eviction Timeline.
How Long Does a Writ of Possession Take in Texas?
The timeline for regaining possession after an eviction judgment is variable depending on backlog and seasonality:
- After the judgment, landlords must wait five days before requesting an official court order. This period allows tenants to appeal or file a motion to delay enforcement.
- Once requested, the order is usually processed within a few days and handed over to the constable for enforcement.
- Execution of the Writ: The constable’s office serves the writ, and the tenant typically has 24 to 48 hours to leave. Sometimes, tenants file legal motions like a stay writ to delay the process, but these delays are usually short-lived.
For more on the eviction timeline, link to Justice Court Guide on Eviction Timeline.
How to Stop a Writ of Possession in Texas
If you’re a tenant facing a writ of possession, it may feel like you’re out of options. However, there are still ways you might be able to delay or stop it:
- Emergency Motion to Stay Writ: Tenants can file an emergency motion with the court to temporarily stop the writ. If you’re facing a health crisis, family emergency, or other serious problem, this motion can give you extra time to figure things out.
- Payment of Rent or Possession Bond: If the eviction is due to nonpayment of rent, you may be able to stop the writ by paying off what you owe or by posting a possession bond. This bond promises the court that you will leave by a specific date, or they’ll take further legal action.
- Seek Legal Help: If you think your eviction wasn’t fair or you don’t know your rights, it’s a good idea to get legal advice. Legal aid organizations like TexasLawHelp can offer free or low-cost help to tenants who need guidance.
Eviction Defense for tenants needing help.
What Happens After a Writ of Possession Is Executed?
- Serving Notice: The constable’s office serves the tenant with the writ, usually giving them 24 hours to vacate. However, in some cases, constables may grant extensions due to health or family emergencies, so landlords should prepare for unexpected delays.
- Removing Tenant Property: If the resident leaves behind tenant’s personal belongings, Texas law requires landlords to follow specific procedures. Depending on the local ordinances, landlords may need to store the items for a certain period before disposal or sale. In some counties, like Bexar County, landlords must post public notices before discarding tenant’s property on a public sidewalk.
- Landlord Tip: Always document tenant’s personal property with photos and written descriptions before removing it. Failure to follow legal procedures can result in lawsuits.
- Re-Tenanting the Property: Once the writ has been executed and the property is vacated, landlords can change the locks and begin preparing for new tenants. This is an ideal time to conduct an inspection for damages, make necessary repairs, and ensure the property complies with health and safety standards.
For more details on tenant’s property handling, see the Texas Tenant Property Law Guide and Tenant Property Removal.
The Role of Attorneys and Legal Resources in Writ of Possession
Going through an eviction can be overwhelming for both landlords and tenants, and that’s where legal advice from an attorney can make a difference.
- For Landlords: Working with a law firm that specializes in Landlord/Tenant Law can help landlords avoid mistakes and follow real estate law. Attorneys can assist with drafting the Sworn Statement, handling paperwork, and representing landlords in court.
- For Tenants: Tenants facing eviction should look for legal advice from professionals. Many legal aid services offer free resources to help tenants understand their rights and options.
Final Thoughts
The writ of possession is a key part of the eviction process in Texas. It allows landlords to regain control of their property, but it’s also a tough situation for tenants. Both landlords and tenants should know their rights and responsibilities to make the process as smooth as possible. And if you’re unsure about your next steps, it’s always a good idea to seek legal help.
For more information on the eviction process, visit Texas Justice Court Training Center Eviction Resources: .