Eviction trial set for today, what's next?

[Paul Zofsak]

So my tenant is two months behind on rent, I went through all the processes to lead to the eviction trial which is set for today. So my question at this point is how do I know if I need to spend the time and $$ to file a writ of possession? I have had no communication with the tenant, I have not received the keys from them, and it looks like the power is still on in the house but the blinds are all drawn so it is hard to determine if they are still living there. This is in Texas by the way.

[Greg H.]

@Account Closed

Unfortunately over the years I have been able to "sit" (Participate) in a number of evictions and being prepared meant learning the law which is pretty clear. So which JP's in Dallas county are interpreting the law differently ?

§ 24.0061. WRIT OF POSSESSION. (a) A landlord who prevails in an eviction suit is entitled to a judgment for possession of the premises and a writ of possession. In this chapter, "premises" means the unit that is occupied or rented and any outside area or facility that the tenant is entitled to use under a written lease or oral rental agreement, or that is held out for the use of tenants generally. (b) A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure and judgment for possession is thereafter granted by default.