Help! Tenant Eviction in Dallas, TX

[Luke Stone]

I am having problems with a tenant that I am in the process  of evicting. I recently won an eviction to remove a tenant from a duplex due to non-payment (partial payment) and having unauthorized occupants in the house (4 additional people last month). In Texas, the court give the tenant to 7 days to voluntarily move out, which I am currently in and will end on Thursday. 

The problem is over the holiday weekend, the tenant had a 4th of July party and appears that more people have stayed in the house overnight. I'm concerned that they may be damaging the property, if not intentionally, just recklessly not caring. There is no evidence or exterior signs of damage to the property. The only thing I have is the tenant in the 2nd unit of the duplex stating there was an unusual amount of traffic in and out. Is there anything I can do to have the tenant removed prior to the 7 day waiting period? I figure there has to be a provision if the tenant turn adverse and damages the property.

[Greg H.]

Some JP Courts in Texas will not count the holiday as a day. As far as the Writ, no you will not get same day service as the Constable will have to serve the tenant with a 24 hour notice after the Judge orders the Writ.  I would count on the execution of the Writ process to take +- 7 days depending on how busy the Constable/Sheriff office is at this time. Keep in mind that many offices are short staffed around holiday weeks as well as JP are on vacation (I know this is not what you want to hear))

Suggestions :

Call your tenant and explain to them that the eviction has been granted and the next step is their belongings will be moved to the curb and at that point you are not responsible if items are stolen so it would be best if they move out now to protect their belongings(And better for you !)

Be as nice as possible to the Constable so you do not get put on the bottom of the stack

Have 3-4 people lined up to do the physical move out if needed. This is at your expense