The Eviction Process – Do’s and Don’ts in Wichita Falls
As a landlord, you will inevitably have to deal with the eviction process. It’s never fun, for you or the tenant. But there are ways to prepare, so you can make things go as smoothly as possible. Here are some do’s and don’ts to help you navigate the process.
What You Should Do:
- Try to reason with your tenants and resolve the issues before going to court. Eviction should be your last resort, when you have someone living in your house, without paying any rent owed.
- In Texas, you can terminate a tenancy early if your tenant does not pay rent or violates the lease or rental agreement. The first step is to notify the tenant in writing by giving the tenant a three-day notice to vacate.
- If the tenant does not move out at the end of three days, then you can file an eviction lawsuit with the local Justice of the Peace Court, unless your tenant fulfills other remedies that may be offered in the notice to vacate.
- Make sure you leave a detailed paper trail. Write down all dates and times of any correspondence between you and the tenant.
- Make sure to abide by all laws and timetables within your state. Each state has different regulations you must follow. Follow all rules for your area. Get everything in writing, and record the date of all events. (This article is not legal advice.)
- If the judge rules in your favor, the court will order an eviction that has a certain grace period within which the tenant can vacate the property. If they do not vacate the property by the end of the grace period, then you must obtain a writ of possession from the county clerk. You’ll need to Have the sheriff or marshall remove the tenant if they still remain after you have won the case. Taking matters into your own hands only leads to trouble.
- If you do obtain a writ of possession, and your tenants fail to comply with the stipulations therein, you can enter the property with a constable and he or she can forcibly remove the tenant from the premises and you can empty the property, setting the tenants belongings on the curb.
Don’t Ever:
- Physically remove the tenant or their possessions without a court order. You will need to go through the legal procedures to have the tenant physically removed, and this normally involves the presence of a county constable.
- Change the locks. This can come back to bite you. While landlords can change the locks in certain situations, the tenant can use this against you in court. Landlords that lock residential tenants out can be liable for “wrongful eviction”, and may be forced to pay the tenant mental anguish damages plus attorney’s fees and court costs.
- You are legally not allowed to turn off the utilities in someone else’s name, even if it is your own property. As with the above, you must always follow the legal procedure.
- Don’t ever take matters into your own hands. Threatening the tenant, making them uncomfortable in the home, and harassing them in any way can be a huge detriment to your case.
Please note: This blog is for informational purposes only. Always check the local laws where you are to determine your best course of action! Rules governing the eviction process vary from state to state. Make sure to follow the rules of your property’s jurisdiction.