Landlord Question and Answer Forum

I need to evict a Tenant for none payment of rent. After the 3 days notice, don I have to file with the courts, my understanding is that this can take up to three months, I have seen people evicted very quickly, how is this done? Property is in Texas. All help appreciated: Cojo.

If your tenant does not voluntarily move out after you properly gave the required notice, you can evict them. In order to evict the tenant, you must file an unlawful detainer lawsuit in superior court. An unlawful detainer lawsuit is a "summary" court procedure. This means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, in most cases, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord's summons and complaint.298 Normally, a judge will hear and decide the case within 20 days after the tenant or the landlord files a request to set the case for trial. Landlords MUST use this court process to evict their tenant.

Posted by Clark F, OK on Sunday, December 11, 2011

Thanks Greg! I really appreciate it

Posted by Celia and Harry D, CA on Monday, December 12, 2011

In my state, Tennessee, you have to first give notice to your tenant unless you have a statement in your lease signed by tenant waiving that notice. This is often called a "pay or quit notice" and time frame can be whatever you make it. I use 5 days. After time passes FED must be filed and costs 97.50 here. At that time I call server to pick it up at the court house and serve the tenant with a court date usually in about one week. He charges approx. 50.00. If tenant shows up in court and pleads not guilty then new court date will be set for two weeks to give him chance to get an atty. Of course they never do and are just buying time to stay in your home rent free. If tenant pleads guilty then judge will give him 10 days to be out. At the end of 10 days you need to then file writ of possession for 25.00 and take back your home. With the tenant who pleads not guilty and is given extra two weeks - if he shows up again in two weeks he will usually plead guilty and then judge will give him the 10 days and so forth. Judgement for back rent is usually awarded as long as tenant is personally served and not just posted on the door. If you have damages you will normally have to file separately for those.

Posted by Jane S, TN on Monday, December 12, 2011