Evicting a tenant off your income property: no one wants to have to do it, but sometimes it’s inevitable – especially if the tenant is damaging the property or if they haven’t been able to pay their rent on time. If you have an income property in Fort Bend County, here’s what you need to know about what the process is for evicting a problem tenant in a way that complies with the law.
You have to file an eviction suit within the Justice of the Peace Precinct that matches the location of your property. You’ll have to pay a fee of $121 when you file for eviction proceedings. If you’re unsure of which precinct in which your property is located, it’s highly recommended that you speak with a qualified attorney; conversely you can visit the Fort Bend County Justice Center’s County Law Library in Richmond if you are comfortable with researching the pertinent laws yourself.
There are four steps in evicting a tenant. The first, which is the notice to vacate, is a written notice provided to the tenant that they must vacate the property. You must first deliver this notification before you file your eviction suit according to the law, and you can either deliver the notification personally if you have a witness present, through certified mail from the US Postal Service, complete with return receipt requested, or by any other way permitted under the law.
The second step is to actually file the suit with the court, along with paying the requisite costs associated. These costs go to the actual filing of your eviction suit, the hearing itself, and for a citation to be served by the county Constable. It’s this citation that is the legal document that notifies the tenant that there will be eviction proceedings brought against him in county court.
Next, you will have to actually attend the court hearing upon the appointed date. You will be required to prove, with a preponderance of the evidence, that you have a valid reason to evict your tenant. Be sure to prepare a well-organized packet of all your legal documents, as well as evidence that your tenant needs to be evicted, to the hearing. You’ll have to present this evidence at the hearing to prove that your tenant no longer has the legal right to reside at your rental property and that you have the right to reclaim possession of the property.
Finally, once the hearing is over and you’ve won your suit, you can apply for a Writ of Possession. This is a court order that, upon executing, permits the Constable to physically remove your tenant from the property and place you back in possession. You will have to wait five days after your hearing before you can file for such a Writ, as this is the standard appeal period, and you will also have to pay a fee when you file for the Writ.
The entire eviction process can be a complex and confusing one. This is why it’s imperative to seek legal counsel to ensure you’re going through the proper steps and that you understand the process completely. You may even wish to have an experienced attorney represent you during your hearing in order to ensure that you have the best chance at prevailing on your eviction suit. With an eviction having the possibility of being a highly emotionally charged event, it’s heartily recommended that you choose a qualified attorney to be by your side.
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