Real Estate Law

Real Estate Law

There are several steps that must be followed in Texas when evicting a tenant from your property.

(1) 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 lawful notice. The notice to vacate is giving to a tenant who is holding over, not paying rent, staying in a property that has been purchased by another buyer at a foreclosure sale, or a variety of other things that might have happened. The notice is one of the most important steps in the eviction process and not having a proper notice sent can cause the judge not to rule in your favor.The notice to vacate puts the tenant on notice that they have a certain number of days to vacate the property or an eviction suit will be filed against them. The number of days is typically three (3) or thirty (30). The notice should state the reason for the landlord’s action absent the tenant with enough specificity that it allows the tenant to prepare a defense. The notice shall be given by mail or in person or both.

If the tenant still refuses to leave after the set number of days then an eviction suit shall be filed against them. After filing the required forms, the tenant will be served thereby putting them on notice that an eviction lawsuit (forcible detainer or forcible entry) has been filed against them.

3 MAIN ISSUES TO EVICT:

  1. BREACH OF CONTRACT
  2. LATE PAYMENT
  3. NO PAYMENT

(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. Each county varies as to what is required when filing to evict a tenant. However, must counties require several key documents that must be filed so that the eviction proceeding can officially begin.

After the filing of the petition for eviction and proper service of citation has been accomplished, the case will be brought before a Justice of the Peace Judge to determine whether the plaintiff (landlord/property owner) is entitled to relief. To prevail in a forcible detainer action, the plaintiff must prove only sufficient evidence to demonstrate a superior right to possession of the property. If the landlord can convince the court he has immediate right to possession, the court will issue a writ of possession.

(3) Writ of Possession

When a landlord prevails in an eviction suit, a judgment for possession of the property is given to him so long as the tenant does not appeal the decision. The Justice Court then gives the tenant five days to vacate the property or appeal the judgment of the Justice Court. After the five days has expired, the owner/landlord will then have to file a writ of possession with the Justice Court and a constable will serve the writ on the tenant. If the tenant still does not leave, the constable will be sent back out to the property to forcefully remove the tenant from the property along with all of the tenant’s belongings. The writ must also authorize the officer to hire a bonded or insured warehouseman to remove and store all of the tenant’s belongings at no cost to the landlord/owner of the property.

(4) Eviction Appeal

The tenant can appeal the eviction within 5 days after the initial eviction hearing. The tenant either has to post an appeal bond set by the Judge at the eviction hearing or can file a Statement of Inability to Pay Rent. The Statement of Inability to Pay Rent requires the tenant to explain why they can not afford to pay the appeal bond amount that is set by the Judge at the eviction hearing. Whether the tenant posts the appeal bond or files the inability to pay rent affidavit, the case will be transferred to the County Court in that same county to retry the case from the beginning to show why the landlord is or is not entitled to the property.

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.

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

Our firm will review all types of real estate contracts including commercial and residential sales contracts and residential and commercial leasing agreements.

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.

Buying a home will likely be a very exciting yet stressful process. When it comes to making such a large investment and purchase it is wise to have an attorney present to review all documents.

Our firm will ensure the process runs as smooth as possible. Our firm will review all the documents on your behalf, including the sales contract, earnest money deposit, title commitments, land surveys, mineral deeds, etc. Our firm will be there with you every step of the way through the purchase of your new home.

Title review can disclose many possible unknown defects that will make the property not marketable such as:

  • Forged deeds and releases
  • Single people giving deeds who were secretly married and did not receive consent of the other spouse
  • Fraud
  • Missing heirs or beneficiaries
  • Invalid divorces

There are also many more defects that can affect the property that are not listed.

Contact our office today to set up a consultation to ensure your closing runs as smooth as possible.

Office information

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

Telephone:
713-702-8610

E-mail:
kyle@kylewhitelaw.com

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