God I Love Texas Eviction Law

General Landlording & Rental Properties
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God I Love Texas Eviction Law

John Chapman
Investor · Dallas, TX · Member since 2009 · 718 posts · 913 votes

So I just finished up my first eviction proceeding. Tenants did not pay November rent, and the constable will be at their door at 9:00 am on Tuesday, December 3. The only reason it took that long to get it done is that I lost a week trying to work with them and the constables are backed up. I am thrilled at how quick and easy the process is.

This is a factor that does not mentioned as much on the forums, but I have come to believe an important factor to consider in making a decision to invest in a particular market is the strength of landlord/tenant laws. (I'm not suggesting it's determinative.) Evictions can be very expensive with lawyer fees, lost rent, and destruction/deterioration of the property. All the pro forma cash flow in the world won't do you any good if you end up with a squatter tenant in there for months not paying rent and letting the place deteriorate. (I hear about how it is in CA and the northeast and my skin crawls.) Yes, I know you can minimize your risk by good screening and yes, everyone believes they are bullet proof, but if you get enough units and do it long enough, it will happen to you. Period.

I've also come to believe that the strength of the landlord/tenant laws really has an impact on the day-to-day relationship between landlords and tenants. By being able quickly get them out of the unit if they screw around, I generally negotiate and landlord from a position of strength. I'm not suggesting that anyone should abuse this position, but it's comforting to know that I have strong laws and court systems to turn to if it goes south.

I realize from a financial perspective, it's a loss going the eviction route, but part of me is really enjoying the whole process. It's kind of fascinating to watch the legal system working the way it's supposed to, in an efficient and fair manner.

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Jon Klaus
Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
12y
Originally posted by Joe Gore:
Jon,

I always tell new landlords to go to eviction court and sit in the back row and see how the eviction process work and after that visit your constable office and find out what constable that works your area and introduces yourself... Judges here in Dallas's county will give you the eviction if you have your paperwork in order.

Joe Gore

Joe, I agree that going to eviction court is extremely educational. New landlords fear eviction because of the unknown and the adversarial nature of it. Seeing a few proceedings is so valuable.

Also, if you are looking to buy rentals, it may be a good place to find landlords who are motivated sellers.

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  • Adam Roberts
    Investor · Fort Worth, TX · Member since 2012 · 209 posts · 37 votes
    12y

    @John Chapman I agree, I think the ease of the process is also well-known by some tenants which helps motivate them to stay on-time to payments, etc.

    I also learned something interesting the other day that is somewhat related... Landlord in Texas doesn't have to come out to the property to fix nit-pick stuff unless tenant is on-time to rent payments. I think this is great!... considering some of the maintenance requests I get from time to time. Obviously I want to know about significant maintenance issues, but for those light bulb concerns....

    0Reply
  • Erik HitzelbergerPro Member
    Investor · Louisville, KY · Member since 2011 · 331 posts · 278 votes
    12y

    That is incredible. It takes much 6-8 weeks in Louisville and longer at this time of year. You are certainly right, there is a real cost associated. Good luck getting the property re-rented.

    0Reply
  • Aly W.
    Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    12y

    @Erik Hitzelberger, that long in KY? A friend of mine invests there and told me it's less than 30 days (for non-payment) and she can literally put their stuff on the sidewalk once the eviction is granted.

    0Reply
  • Zac P.
    Rental Property Investor · Lexington, KY · Member since 2012 · 115 posts · 64 votes
    12y

    KY, at least in Lexington, it takes around 3-4 weeks. It all depends on what day everything falls on (which determines court dates).

    0Reply
  • Roy N.Pro Member
    Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
    12y

    Surprisingly - for Canada - you can see and eviction through in New Brunswick in 3-4 weeks. You can serve a Notice to Vacate the day after rent is due (typically the 2nd) which gives the tenant 7-days to pay all arrears or 15-days to move.

    If they do not pay within the 7-days we prepare all the paperwork for the Rentalsman and Sheriff and file it on day 15 if they have not vacated. It typically takes them about a week, sometimes a bit longer, to get to the property.

    0Reply
  • Alan Charles
    Investor · Atlanta, GA · Member since 2011 · 46 posts · 6 votes
    12y

    In the UK(England) it can take up to six months. And the tenants know it, some are just serial non payers. That's why I'm here folks!!

    0Reply
  • Erik HitzelbergerPro Member
    Investor · Louisville, KY · Member since 2011 · 331 posts · 278 votes
    12y

    @Aly W. does even better. We have to send a 7-day notice. After that, my attorney files with the courts. This is where the delay occurs for us. The Jefferson County (Louisville) courts are usually so backed up that it is 3-5 weeks before we can get on the docket. In other counties, I imagine this could be a week or so.

    Once we get a judgement, the tenants still have 7 days to move out. If they are not out, we can schedule a set-out day with the Sheriff's office. This can take 4-10 days. On the day of the set-out you have to show up with 5 people and you have 1 hour to set everything by the street. The sheriff is there to keep the peace if necessary. You are not allowed to leave anything inside or take anything regardless of value. After that, we can officially take possession of the house and start the turnover process.

    0Reply
  • Account Closed
    Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
    12y
    John,

    Here in Dallas you the owner or manager can do the eviction.

    Joe Gore

    0Reply
  • Jon Klaus
    Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    12y

    @John Chapman did your tenants show up to court? Did you identify yourself as an attorney?

    0Reply
  • Account Closed
    Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
    12y
    Jon,

    I always tell new landlords to go to eviction court and sit in the back row and see how the eviction process work and after that visit your constable office and find out what constable that works your area and introduces yourself... Judges here in Dallas's county will give you the eviction if you have your paperwork in order.

    Joe Gore
    1Reply
  • Jon Klaus
    Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    12y
    Originally posted by Joe Gore:
    Jon,

    I always tell new landlords to go to eviction court and sit in the back row and see how the eviction process work and after that visit your constable office and find out what constable that works your area and introduces yourself... Judges here in Dallas's county will give you the eviction if you have your paperwork in order.

    Joe Gore

    Joe, I agree that going to eviction court is extremely educational. New landlords fear eviction because of the unknown and the adversarial nature of it. Seeing a few proceedings is so valuable.

    Also, if you are looking to buy rentals, it may be a good place to find landlords who are motivated sellers.

    2Reply
  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    12y

    Hi John,

    It was good talking with you last time. We will have to catch up again.

    I am glad you are having success with the eviction process. The eviction process as you know is just one component to multiple items that balance out the investment.

    How strong are rent growing, what is the area doing for population and development, what kind of return are you getting for purchase in a quick eviction area, what are tax laws for income in that state, etc.??

    You can't just break eviction down to the state level. Usually with my clients we go down to the county level for analysis and the city level if in the limits where the property is located.

    I can give you an example. In Georgia the state is landlord friendly and mostly a fast process. One key though that is often overlooked is the eviction volume levels and the staff on hand to execute the writs. Here in Georgia for example Fulton county is the city of Atlanta's main hub. In court some months there can be thousands of writs to serve and with the city of Atlanta and Fulton cutting back staff for the Marshalls office you can guess what happens. A 1 month process can turn into 2 or 3 months because the Marshall takes weeks to a month from the actual writ to come out.

    This versus Cherokee county in Georgia which is still part of the MSA area but eviction volumes are much lower and they have them out in weeks if they do not pay. When you are talking months to get out versus weeks as you mentioned the lost rent and the destructive tenant over another 30 to 45 days can do lots of more damage. Now in Atlanta the caps will be higher but also so will the problems. So yes evictions are overlooked and are critical to how the courts operate in the area. Another very critical part especially if multifamily is where are the taxes and utilities going costs wise?? The turnover with eviction and utility costs can crush an investor in expenses.

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    2Reply
  • Rob K.
    Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes
    12y

    @John Chapman Can you use your own guys to throw the tenant's stuff out, or do you have to pay the court?

    In my area, it depends on the court. Several will let you pay the court officer to stand there while your guys throw out their belongings. It costs you way less. (You can also break their stuff if you are really mad at them.)

    If you are able to go that route, you can have about three guys hustle and get everything cleared out in about an hour.

    0Reply
  • Jon Klaus
    Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    12y
    Originally posted by Rob K:
    @John Chapman Can you use your own guys to throw the tenant's stuff out, or do you have to pay the court?

    In my area, it depends on the court. Several will let you pay the court officer to stand there while your guys throw out their belongings. It costs you way less. (You can also break their stuff if you are really mad at them.)

    If you are able to go that route, you can have about three guys hustle and get everything cleared out in about an hour.

    You can use your own guys. I believe two hours of the constable's time is included, but he just hangs out to put down trouble. He will stay longer if you pay more. It's amazing how fast you can get the stuff out when it's just going to the curb.

    0Reply
  • Marc RamsayPro Member
    Investor · Ojochal, Costa Rica · Member since 2013 · 288 posts · 164 votes
    12y

    @Account Closed I think I'll do jut that when I'm back in Cleveland in a couple of weeks. I have had to initiate several evictions over the last year and it will be interesting to see how the process works in the courtroom.

    Lucky for me evictions in Cleveland are a quick process. from the 3-day notice to the tenant to the actual eviction is about a month. I can also file a second cause and supply an invoice for lost rent, late fees, eviction costs, and anything else the court deems acceptable and file it against the tenant and then send the collection agency after them. In the case of an unemployed tenant I don't bother with the collection agency, but I still file it all with the courts so anyone doing a background check or credit check will see the eviction and unpaid amounts.

    I'm tired of taking a hit by these tenants, so I'm making sure all my existing tenants understand that there are consequences for not paying your rent and breaking a lease. No more Mr. Nice Guy... Come on sing it! I know yo know the song.. :)

    Happy Thanksgiving to all my American friends.. I hope you all had the pleasure of hanging out with family and friends yesterday (and not working!)

    1Reply
  • George Paiva
    Investor · Milford, CT · Member since 2012 · 592 posts · 285 votes
    12y

    WOW, you guys are so lucky. Here in the Northeast, specifically CT you have to wait till the 10th day to file a pay or quit. Then that still gives them an additional 3 full days before you can begin the actual process of eviction if they don't leave. When you file its no less than 4 days for the marshall to serve and an additional 2 days for the tenant to answer. If there is no answer then its pretty straightforward as you can get a default judgement and have the pleasure of waiting an additional 5 days of stay for the tenant. If they still don't leave after that then you will have to have the marshalls come with movers they specify and move all their belongings to a town storage for auction. This above usually takes 6-8 weeks because you can't count holidays or weekends. If they answer to the court then a date is set anywhere from 3-4 weeks out. Then if you were to get a judgement in court then its still the 5 days of stay for tenant and if they don't leave its marshalls and movers. This route can take anywhere from 3-5months. We always hope they don't answer the court as its the quicker route.

    Oh and by the way you have to pay the marshall every time to serve. Ranges from $40-60. Court cost is $175. For the marshalls and movers come out in move out day its $1000 deposit which gets reimbursed to you after expenses.

    Lucky us eh! All this for non paying tenants :(

    0Reply
  • Marc RamsayPro Member
    Investor · Ojochal, Costa Rica · Member since 2013 · 288 posts · 164 votes
    12y

    @George Paiva Yes, that hurts. In Cleveland my evictions cost me about $500 total plus lost rents. I also get to have the movers dump all their stuff out by the dumpster and then it's a free for all with the other tenants for the good stuff. :)

    Up here in British Columbia, Canada, it's a whole different story. I've heard it takes at least 6 months and even then it's not guaranteed. The law favors the tenant to the extreme here. Another reason on top of many other I don't rent units here.

    0Reply
  • John Chapman
    OP
    Investor · Dallas, TX · Member since 2009 · 718 posts · 913 votes
    12y

    @Jon Klaus The hearing went well. Bizarrely, at the last minute, the tenant hired a lawyer to file a "emergency motion for continuance" to delay the hearing. Basically, 20 minutes before, this idiot lawyer faxed in a 1 page bs motion saying the tenants hadn't gotten notice of the hearing, which was a lie. I explained to the judge that the file showed service by the constables and that I had texted and mailed the tenant to try to pay him cash for keys. She said that was fine and denied the tenant's motion. It helped that I was dressed in a suit and professional about the whole thing. The guy didn't show to the hearing and I got a default. It was pretty cool, and the court staff and constable were really helpful in walking me through the whole process. Now, I will say, I was in Tarrant County, a very red county where all judges are pretty conservative. In a more liberal venue (like Dallas County), a judge might have said, "Well, what's it hurt to delay the hearing a little bit." In Tarrant County, my experience has been that the judges don't play around and enforce the law as written. I think people forget that it doesn't matter what the law says as so much discretion is vested in judges. Quality of judges matters.

    @Rob K. Jon's right. My own guys can get rid of the stuff. I have to leave it there for 24 hours and then it's free to all takers. I'm seriously looking forward to showing up with my goons and throwing his stuff to the curb. (Cue sinister laugh.) Even though I'm losing money on the proposition, the a@#hole lawyer in me is seriously relishing the experience.

    @Joel Owens Yeah, it was good talking to you as well. Totally agree eviction procedure is just one of many components and varies by county and even city.

    1Reply
  • Account Closed
    Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
    12y
    John,

    You are very wrong about Dallas's county the judges don't play around here and John you should visit the Dallas county courts to see the process yourself and then speak.

    Joe Gore
    1Reply
  • John Chapman
    OP
    Investor · Dallas, TX · Member since 2009 · 718 posts · 913 votes
    12y

    @Account Closed um, actually I was speaking from experience. I've been practicing law in Dallas and Tarrant County for about 9 years. The Dallas judges are very good and my post wasn't meant to suggest that Dallas judges "play around." (Maybe I should have made my post clearer.) However, I absolutely stand by the statement that the continuance would have had a greater chance of being granted if it was pending in Dallas. Sorry if I somehow offend you.

    0Reply
  • Account Closed
    Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
    12y
    John,

    You did not offend me; I was speaking from many years of experience. What type of law are you practicing?



    Joe Gore
    0Reply
  • John De SouzaPro Member
    Investor · Arlington, TX · Member since 2014 · 48 posts · 10 votes
    11y

    Hello- I have a question for those landlords in Tarrant County.  My tenant is 13 days late (today is June 13)  in rent.  I've emailed him regarding his late payment and what his payment status is.  Typically, he pays with the late fees.  But this time he isn't saying when he will pay.  I have a feeling he doesn't have the money.  On June 11 I mail (not certified) & emailed the 'Notice to Vacate' expecting the tenant to take this matter as urgent.  Today I mailed the 'Notice to Vacate' as certified mail since I may have to file to evict and I want proof that I sent the notice to him.

    So what exactly is the next step?  Since I mailed the 'Notice to Vacate' certified mail do I have to wait 3 days after he picks up the mail from the Post Office (if he is not home when the postman tries to deliver)?  I am assuming since I already mail and emailed the letter a few days ago he knows that Tuesday (June 16) is the last day he has to pay rent or we will file the eviction.  Where do I go to file the eviction on Wednesday and what office do I start the eviction process?  Do I go to the Tarrant county courthouse in downtown Fort Worth?

    Obviously, I want to work with him (he's been a responsible tenant).  But by his inaction to let me know what his intentions are I need to proceed with moving him out.  I'll even offer cash for keys.

    Thanks for your insight and experience!

    0Reply
  • Yenlan Patton
    Burleson, TX · Member since 2016 · 87 posts · 6 votes
    10y

    Hi John,

    I am newbie in this forum, glad found this website that has lot of informations I can learn for part time. I have similar case with yours, so how did you case go? did it well? Did you file yourself? we did first time but didn't do well because we made mistake during the procedure. If you don't mind to share. Thanks.

    0Reply
  • Denise Johnson
    Houston, TX · Member since 2016 · 8 posts · 1 vote
    9y

    I did an eviction in Tx and it took 3 months to have the tenant evicted. Then 3 more months to get the property rented again. So, that cost me 6 mos of mortgage out of my pocket. This was my first eviction and I had a horrible experience. I am looking to sell this property. I have not been able to successfully gain a tenant who pays AND upkeep the property. I just haven't had luck with a tenant who does BOTH. Either they pay but the property is trashed,or they keep it immaculate but wont pay the rent.

    Good luck to everyone!

    0Reply
  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    9y

    @Denise Johnson

    There has to be more to your saga. Why did it take so long ?

    0Reply
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