Landlord Eviction Resources

Eviction isn't very fun for anyone. It's better to be fastidious with tenant screening and being firm with late fees because you can frequently avoid having to evict. Most of my evictions were tenants that I let slide. I thought I was doing them a favor, but looking back, I think I was making things worse. I could go on about this, but it's too painful.

Rent should be a priority, and it's amazing how much easier it manage property if everyone knows the landlord is firm (but fair!).

One important thing I would like to express is that you should always treat your tenants professionally and with respect.

If it comes down to an eviction, Here's the eviction pages for a few of the Justices of the Peace:
JP 1 - http://www.bexar.org/jp1/BCSD_JP1_T88_R14.html
JP2 - http://www.bexar.org/jp/jp2/Evictions/evictions.htm
JP's 3&4 - http://www.co.bexar.tx.us/jp/jp.htm
If you file at the wrong JP, they may kick it back to you. If you need to look up which JP to file with go to http://www.bexar.org/webapps/html/elstrinq01.asp and enter the zip code or address.

JP1 & JP2 provides the following eviction guidelines:

Prior to filing a Complaint for Forcible Detainer to evict a tenant, the plaintiff/ landlord must give the tenant at least three days written notice to vacate (with a few exceptions). The notice period is calculated from the day on which the notice is delivered. The notice to vacate should be unconditional (I.E., it should tell the tenant to vacate the premises by a specific date in no uncertain terms. You can't say "pay or vacate.") The plaintiff/ landlord should be prepared to provide proof at an subsequent court hearing that the Notice to Vacate has been served on the tenant retaining a copy of the Notice to Vacate and serving the Notice to Vacate in accordance with the law.

How to deliver the Notice to Vacate:

1. Hand deliver to tenant or any person residing at the premises who is 16 years of age or older (NOTE: it may be helpful to have a witness).
2. Regular or Certified mail.
3. Attaching notice to inside of main entry of the premises (Always keep a copy of the notice to vacate).

In the event that a tenant does not vacate the premises by the specified date, the plaintiff or landlord may then initiate a judicial action against the tenant by filing a Complaint for Forcible Detainer. The complaint MUST be filed in the precinct where the property relating to the eviction is located.

What you will need for filing for eviction (FE&D = Forcible Eviction & Detainer):

1. Three copies of the Complaint for Eviction + 2 copies for each additional tenant. (You may have to alter the form to reflect appropriate JP precinct)
2. Three copies of the Notice to Vacate you delivered / posted at least 3 days prior.
3. Money order or cashiers check (no personal checks) Call in advance or visit website for fees. Right now the complaint is $17 + $60 per named tenant on the lease.
4. Recheck all documents for correct spelling of names and addresses, and calculations on amount of rent you are suing for.

Just so you know, the clerks at the JP Court can't give you advice because they "aren't lawyers." Don't bother getting your feelings hurt if they don't answer your easy questions.

If you need legal advice or desire representation by an attorney, the San Antonio Bar Association provides a referral service (210) 227-1853.

If the complaint for Forcible Detainer includes a suit for unpaid rent, the plaintiff/landlord must clearly state the amount of back rent for which judgment is being sought (within the jurisdictional limit of $5,000.00), and should reserve the right to include any additional rents that may become due during the pendency of the suit.

The fee for filing a Complaint for Forcible Detainer is dependant upon the number of defendants named in the Complaint. A defendant is defined as anyone who has signed the lease, contract, or agreement as an occupant. The filing fee for one defendant is $77.00. The filing fee for two defendants is $137.00. At the time of filing, one original per case and two (2) copies per defendant of the complaint form must be provided for use by the court.
The landlord, his/her attorney, or a non-lawyer agent may sign and file the Complaint of Forcible Detainer and represent the owner at the court hearing.

At the time of filing, the Court Clerk will issue a receipt. The receipt will include the case number and the court date. Please refer to your case number when communicating with the court regarding your case. The Court will then issue a citation to the defendant (s) commanding him/her to appear before the Justice of the Peace on the assigned court date. A copy of the complaint will be attached to the citation and both the citation and the attached complaint will be served upon the defendant by the Constable´s Office. By law, the hearing date will be not less than six (6) day nor more than ten (10) days from the date the citations is served. Should the plaintiff/landlord fail to appear at the hearing, their case may be dismissed or there may be a judgment for the defendant.

At the time of the hearing, the plaintiff/landlord should, at a minimum have in their possession the following items or information:

1. A copy of the lease;
2. A copy of the notice to vacate (including proof of service);
3. Any additional evidence which may have a direct bearing on the case;
4. Total amount of rent due (Maximum of $5,000)

The Justice of the Peace will give roll call. If the defendant isn't there (which they frequently aren't) then you will get a default judgment, which means you win and can go home without waiting through the caseload.
When you are called up, keep things short and simple. "I am the landlord at 123 Jones St. On June 3rd, 2003, Mary rented apartment B from me for $500 per month. She has failed to pay rent since August 1, so I want her evicted and I want a judgment for the rent she owes me." You can add on "plus court costs and attorneys fees" or whatever, but the JP may or may not give it to you. For failure to pay rent the JP really doesn't need to hear in great detail how much noise or damage or what a bad neighbor they are. You might add on "and she continues to violate various terms of the lease which disturbs her neighboring tenants. I will be happy to go into that in as much detail as you would want." And leave it at that.

Once the JP gives his judgment, you can typically leave. Be sure to go up to the bailiff to get a copy of the judgment.
From my experience, by now, the tenant knows it's time to vamoose.

However... if, within five calendar days from the date of judgment, no appeal has been filed and the defendant still has not vacated the premises, the plaintiff may obtain from the court a Writ of Possession to legally remove all personal property of the defendant´s from the premises. The cost is $175.00 (an is included in the judgment amount rendered against the defendant).
A Writ of Possession is executed by the Constable´s Office.
Frequently the plaintiff will find it difficult to collect their judgment on past rent due. Thirty (30) days after a judgment is signed, a Writ of Execution may be obtained through the court at a cost of $195.00. A new home or work address of the defendant is required for service of the writ. Court personnel will prepare the Writ of Execution and forward it to the Constable´s Office. The Constable serves the writ on the defendant and makes oral demand for payment of the judgment. If the Constable receives no payment, and there is no non-exempt property to levy on, the writ is returned unsuccessful to the court. THERE IS NO GUARANTEE THAT PAYMENT WILL BE RECEIVED.
Another alternative to collection of a judgment for past rent is an Abstract of Judgment. An Abstract may be obtained If no appeal has been filed within five days after the date the judgment is rendered. The fee is $5.00. The court will prepare the abstract which the plaintiff must then file with the County Court. The Abstract of Judgment places a lien against any non-exempt, real property of the defendant for a period of ten years. When requesting an Abstract of judgment you should provide the court, whenever possible, with the following information pertaining to the defendant: Date of Birth, Texas Driver´s License, Present address.
Alamo Eviction service (Bexar County only)- http://www.larrycollins.biz/. "You can do any or all steps to evict tenants, and NEVER LEAVE YOUR OFFICE!" I just heard from him and he confirmed he is still in the business. He can be reached at (210)-615-7873.