Real Estate Law

Real Estate Law

Our firm represents ONLY Landlords, Property Owners, Apartment Complexes, and Property Management companies with respect to eviction lawsuits. We handle eviction cases and appeals throughout the entire state of Texas servicing all 254 counties. We are here to help get your bad tenant out as quick as possible. Call us today for a FREE CONSULTATION to discuss your options as to how to get your tenant out fast! 713-818-7116

The smallest of details can cause an eviction suit to go terribly wrong for a Landlord. The Texas Property Code and Rule 510 of the Texas Rules of Civil Procedure sets out strict rules as to how eviction suits must be handled.

MOST COMMON REASONS TO EVICT:

  • NONPAYMENT OF RENT
  • LEASE VIOLATION
  • HOLDING OVER PAST A RENTAL TERM
  • ROOMMATE OR UNWANTED HOUSE GUEST
  • POST-FORECLOSURE

TEXAS EVICTION PROCESS EXPLAINED

STEP ONE

(1) Sending the NOTICE TO VACATE

The first thing that must be done in Texas when trying to evict someone is a notice to vacate. Texas has several requirements that the notice must contain in order for it to be a proper notice.  This is the MOST important part of the processas it tends to be the easiest way that a tenant will get the case dismissed. There are different types of notices that may be given depending upon the reason for sending the notice to vacate. There also several reasons a landlord may send a notice to vacate such as failure to pay rent, a lease violation, or holding over past the term of the lease. The “3 Day Notice to Vacate”is the most common notice given by landlords as that is the prescribed time period required by the Texas Property Code. A landlord can choose to give a longer amount of time such as thirty (30) days, however, it is not required by law. It is simply a choice of the landlord as to how long he/she wants to give their problem tenant time to vacate the home.

A landlord cannot do anything until the prescribed time period has expired given in the notice to vacate. If you choose to file suit earlier then the time period given to the tenant you can definitely count on the judge to dismiss your case based on that fact alone.

The most common method of delivering the notice is in person, however, the Texas Property Code does provide for a list of alternative ways in which the Notice to Vacate may be delivered.

STEP TWO

 (2) Eviction Trial

If the tenant refuses to leave the property after the notice has been properly given, a lawsuit will need to be filed at the justice court in the precinct in which the property is located. The Petition for Forcible Detainer must be filed with the Justice Court along with a few other documents and the Justice Court will assign a court date. Next, the tenant will be served with a copy of the petition along with the citation stating that they must appear for the court date assigned. The tenant can choose whether or not they want to show up to the hearing. The landlord and tenant will each get a turn to tell their side of the story to the judge as to the reasons for the eviction and why the tenant may not be complying with the landlord.

To prevail in a forcible detaineraction, the landlord must prove only sufficient evidence to demonstrate a superior right to possessionof the property. If the landlord can convince the court he has immediate right to possession, the court will issue judgment for the landlord. If the judgment is awarded in the landlord’s favor the judge will give the tenant five (5) days to vacate the home or appeal if he/see so chooses. If the tenant does not show up to the hearing in the Justice Court, the judge will award a default judgment for the landlord provided the landlord can demonstrate they have the superior right of possession for the home.

The tenant has three options once the judgment is rendered for the landlord. The tenant can (1) vacate the home and the process is over, (2) stay in the home but not appeal, (3) or stay in the home and file an appeal to the justice court’s judgment. If the tenant stays in the home but does not file an appeal within the five (5) day period, the landlord can then request a Writ of Possessionfrom the Justice Court. If the tenant files an appeal the case will be sent up to the County Court in the same county for a “trial de novo” (meaning a brand new trial) and you will be required to appear and present your case over again to a new judge to hear the case again.

STEP THREE – NOT ALWAYS NECESSARY

(3) Writ of Possession

The Writ of Possession is issued by the Justice Court only after a judgment has been granted for the landlord. The landlord does have to request the Writ of Possession from the Justice Court. The Writ of Possession sends out the county constable and/or sheriff to post the Writ of Possession to the front door usually giving the tenant twenty-four (24) hours to vacate the home. If the tenant is not out by the end of the 24 hours, the constable and/or sheriff will return and physically remove them from the property. Most counties do not provide movers so the landlord will be responsible for moving the tenant’s property out of the home. Generally, the landlord is only required to move the stuff out of the home and to the curb or street. Some counties will provide movers to remove the property, however, each county has their own specific rules for issuing the Writ of Possession.

STEP FOUR – NOT ALWAYS NECESSARY

(4) Eviction Appeal

The tenant can appeal the eviction within five (5) days after the judge renders a judgment. If the tenant chooses to file an appeal the case will be sent up to the county court in the county that the suit was filed. The judge at the county court will hear the case from the beginning and make a decision as to whether the justice court judge ruled correctly or not. If the case is for nonpayment of rent, the tenant will be required to make an initial payment into the court registry within five (5) days of filing the appeal paperwork. The initial deposit into the registry is typically equal to one month’s rent. The tenant is required to make this payment and if he/she does not, the landlord is able to file a Writ of Possession to obtain possession back of the home. The landlord should keep in mind that even if a Writ of Possession is granted there will still be an appeal hearing as the justice court paperwork is still sent to the county court for a trial de novo (new hearing).

 

Call our office today and let us handle the entire eviction process for you.

 

One of the most challenging things when transferring property is deciding which type of warranty deed is the most effective. In Texas, there are four main types of deeds:

  • General Warranty Deed
  • Special Warranty Deed
  • Quitclaim Deed
  • Deed Without Warranty

There are many differences between the different types and each can greatly affect the transfer of real property. There is no standard form for deeds in Texas; however, they must contain certain statutory language to become effective. Each county requires a filing fee to file the deed in the real property records of the county that the property is located in. There is no requirement that the deed be recorded in county clerk’s real property records, however, it is highly recommended. The only actual requirement is that the deed be executed and delivered to the grantee and at that time the deed becomes effective between the grantor (seller) and the grantee (buyer). 

Texas is considered a “notice” state so recording the warranty deed is always the best way to ensure the world is on notice of the deed and conveyance of the property. 

It is very important to consult with an attorney when choosing which real estate deed suits you best for your desired outcome.

We review and draft all types of lease agreements whether you need it for a residential or commercial purpose. We offer flat fee rates for all our contract review and drafting services. Contact us today to find out how we can help!

We offer the following services:

Residential Lease Review

Residential Contract Review

Commercial Lease Review

Commercial Contract Review

Land Lease Review

Land Lease Creation

.

In order to convey marketable title to a buyer a seller must deliver marketable title to the buyer at closing. A lien is often discovered when a title company runs a search of the real property records when preparing a title commitment for a sale or refinance transaction. This can cause problems because a title company may refuse to issue a title policy until the lien is cleared or removed.

It is usually practical to first consult with the party claiming the lien to see whether or not you can receive a voluntary release of lien from that party. If that does not work, the Texas Property Code provides for both judicial and nonjudicial remedies to have the lien removed from the property.

Our office handles security deposit cases for both landlords and tenants. Chapter 92 of the Texas Property Code sets forth all the rules applicable to security deposits in Texas.

Texas law states that a landlord must refund the tenant’s security deposit within thirty (30) days of the tenant surrendering and/or vacating the property. If the landlord decides to retain any part of the security deposit, the landlord must give the tenant a balance of the security deposit, if any, and a written itemized statement of all deductions taken from the security deposit. The landlord is not required to refund any of the deposit or send an itemized statement of deductions until the tenant has provided the landlord with a forwarding address. It does not give the landlord the right to keep the security deposit but only extends the time period in which the landlord must return the deposit and/or provide a written itemized list of deduction. The landlord is not required to give a written itemized deduction list if (1) the tenant owes rent on the property when he vacates; and (2) there is not controversy concerning the amount owed at move out. 

A landlord may not retain any portion of the security deposit for normal wear and tear on the property. If a landlord wrongfully retains the security deposit, the landlord may be liable for an amount of $100, three times the amount of the portion wrongfully withheld, and reasonable attorney’s fees in the suit to recover the deposit. 

The burden is on the landlord to demonstrate that any deductions taken against the security deposit were reasonable and beyond the scope of normal wear and tear.

Office information

2219 Sawdust Rd. Suite 102,
The Woodlands, TX 77380

Telephone:
713-818-7116

E-mail:
kyle@kylewhitelaw.com

Office Hours:
Monday-Friday: 8 a.m.-5:30 p.m.
Or By Appointment

Get Free Consultation

Reviews & Ratings

Kyle WhiteReviewsout of 2 reviews
Kyle WhiteClients’ ChoiceAward 2018