THE EVICTION PROCESS AND THE CDC ORDERS ON MORATORIUM ON EVICTIONS
If a tenant is in breach of the lease, nonpayment of rent being one reason, the landlord can initiate eviction proceedings. The process is as follows;
1. By statute landlord is required to give 3 days notice for tenant to vacate. The lease can specify a different number of days. The notice must be in writing and either given personally to the tenant, affixed to the door of the residence, or sent by mail. The 3 days starts when the notice is put in the mail, or affixed to the door.
2. After the notice period expires the landlord can file suit, with a supporting affidavit, in justice court requesting a judgment evicting the tenants and for back rent. Service is to be by sheriff or constable to any person in the household who is at least 16 years old. If service on an individual cannot be done, the court can order that the notice of the lawsuit be affixed to the door of the residence.
3. Once a tenant has been served a trial on the matter can be set at a minimum, 6 days from date of service. If the tenant does not show up on the trial date, a hearing to enter a default judgment can be set 10 to 21 days after the tenant has been served.
4. If the judge grants judgment to the landlord, and the tenant fails to leave the premises, on the 6th day after the judgment was rendered, the landlord can apply for a Writ of Possession.
5. A Writ of Possession allows the sheriff or constable, upon 24 hours notice, to order the tenants to leave the premises. If they refuse to leave, the officer may forcibly remove them. The Writ also allows the officers, or landlord under the supervision of an officer, to enter the premises and remove the tenant’s property.
The eviction process is more fully described in https://guides.sll.texas.gov/landlord-tenant-law/eviction-process
On September 4, 2020 the Federal Center for Disease Control (CDC) has set up a procedure, for persons who have been adversely affected by the COVID 19 pandemic, to delay evictions till after December 31, 2020. I will describe the CDC orders more fully in my next blog.