Can landlords represent themselves in court?

Yes, but unless you’re familiar with Texas law and eviction procedures it is not recommended as you could lose valuable time and money if you do not win your case.

How long does it take to evict a tenant?

A standard uncontested eviction case for non-payment of rent generally takes about three weeks in most cases. Texas law has certain timeframes that must be adhered to by the parties involved as well as the court itself. Other factors, such as appeals, busy dockets, and weather, may affect the length of time it takes.

Can I attend court even if I’ve hired someone to handle my case?

Yes, but it is not required in most cases.

Can I send my own Notice to Vacate?

If we are retained to handle your case we will send our own Notice to Vacate, based on our company standards, regardless if one has been sent by someone else.

Can I turn off my tenant’s utilities?

No. Doing so will cause complications with the eviction process and is prohibited by law.

What happens if the tenant appeals the court’s ruling?

Defendants have an absolute right to appeal under the United States Constitution. The Justice of the Peace will set an appeal bond and the tenant will be required to pay the monthly rent to the court while the case is being appealed. In most cases the landlord will need to hire an attorney to represent them during the appeal process. We partner with a Dallas-based law firm which will handle your appealed case, if you so wish. Attorneys set their own fees, but expect to pay $800-$2,500 in matters such as these.

When can a Writ of Possession be issued?

After the Justice of the Peace issues a ruling in the landlord’s favor, the tenant has five days to appeal. If no appeal is filed (which is usually the case) the writ can be issued on the sixth day. However, writs are scheduled at the availability of the Constable’s Office and weather permitting.

Can I get a refund if my tenant pays before the court date?

A partial refund may be considered if we have not yet filed a case with the Justice of the Peace. Once a case has been filed with the Court, we cannot offer a refund regardless of whether the case proceeds. There are no refunds available for notices to vacate that have been issued by our company.

Can I dismiss my case if my tenant pays before going to court?

Yes, you may dismiss your case at any time.