Filing an eviction notice

[Matt Dishongh]

I recently picked up a pre foreclosure property in Texas using a subject strategy. The owner was allowed to stay in the house for 1 month using a Agreement to Occupy After Closing contract for $2,000 of the $6,000 I had agreed to give her to help her relocate. The date to be out was June 30, 2017. I had been communicating with her and she was about to leave when she was arrested and now in jail for who knows how long. There were others living in the house who aren't residents. One of the persons notified me of the the arrest and stated he was giving permission by the owner to communicate with me. I went to the county constable's office today who handles that area and they suggested since they aren't the owners or residents to put a vacate notice on the door and if they don't comply I could charge them with trespassing. Where can I get a Notice and is this the best way of handling this. Thanks in advance.

[Greg H.]

Always amazed at how little most Constables actual know about the eviction process as they are an integral part of it!

First what you can't due-  You are not going to be able to charge them with trespassing as this is viewed as a civil matter.  DO NOT post the the outside of the door as this does not constitute legal serve in Texas(except for the Constable of course). Again, no offense to them as all that I have ever worked with have been great and very accomodating

Below is how I would handle this:

-deliver a 3 day Notice of Termination to the property by certified and regular mail, posted on the INSIDE of the front door or delivered to an occupant over 18yrs old.  The 3 day notice can be hand written and should read

To: Tenant and all other occupant

This is to serve as your 3 day notice to terminate the occupancy at XXXX Street

Sign and date and make copies

- You will need to file the eviction in the JP Court for the property.  File against the tenant and all other occupants.  The tricky part is that the tenant will need to be served so hopefully you know of can find out what jail she is in.  Hopefully once the notice is delivered they will just leave.  I would check every day

-I would not seek monetary damages(rent) but just seek possession of the property as the agreement you have probably  doesnt address holdover.  At this point possession is the most important thing

Feel free to reach out if you have any questions