Guidelines for the Writ of Possession
Kendall County Constable’s Offices will contact you with the date and time the Writ of Possession will be executed. Please follow the guideline listed below:
- NO ACTION MAY BE TAKEN WITHOUT THE PRESENCE OR DIRECTION OF THE CONSTABLE OR A DEPUTY CONSTABLE.
- It is not necessary to pack each item.
- Landlords must be prepared with moving supplies (e.g. plastic bags, boxes, etc.) for removal of all items from the premises.
- All vehicles pertaining to the eviction must be removed from the property.
- The landlord or property manager should advise the Constable’s Office, as soon as possible, of any special conditions that may interfere with the eviction.
If contact information is not available for a tenant(s) who leaves an animal(s) abandoned on the property, the Kendall County Animal Control Services will be contacted. If Animal Control Services cannot pick up the animal(s)the Constable’s Office will attempt to find an organization who will keep the animal(s). The Constable’s Office will not be liable for abandoned animals or property left by the tenant.
THE WRIT OF POSSESSION WILL NOT BE ENFORCED WHEN IT IS RAINING, SLEETING, OR SNOWING.
Disclaimer: This not to be considered as legal advice, but only to be used as a guideline.
For any additional questions please contact the Kendall County Constable who is executing the Writ.
What is the Eviction Process in Texas?
Landlords may evict, or forcibly remove, tenants from rental property in specific circumstances under Texas Laws. Both tenants and landlords have rights in these types of proceedings. In order to have a tenant evicted, the landlord must send a written notice to the tenant before filing a complaint in the local court system.
There is more than one situation that allows a landlord to legally evict a tenant under Texas law. A tenant who is behind on the rent stipulated in the oral or written lease agreement or rental contract can be evicted. The actions of the tenant, members of the tenant’s household or family, or guests the tenant invited can also result in eviction if the actions included threats or harm to the landlord, any of the landlord’s employees or other tenants, or damages to the rental premises, or a violation of the lease agreement. In some types of leases, the tenant can be evicted for staying past the termination date of a lease that was not renewed, regardless of payment of rent.
Notice to Vacate
Before filing for an eviction, the landlord is required by law to give a tenant a notice to vacate the premises. According to the Texas statutes, this notice must be in writing and delivered to the tenant personally if the landlord brings a witness. The landlord can also send the notice by certified mail, with a return receipt requested. After the notice is sent, the landlord has to wait three days before filing for eviction in a local justice of the peace court unless the lease specifies a shorter or longer waiting period.
Filing in Court
If the tenant fails to move by the notice to vacate date, the landlord must file an eviction complaint in the appropriate Justice Court depending on the location of the premises, to initiate eviction proceedings. This complaint has to detail why the tenant is being evicted and give a thorough description of the rental property. The landlord can also ask to be awarded any overdue rent, court costs, and legal expenses incurred. The court will not consider late fees or interest imposed by the landlord in awards. The tenant is issued an eviction citation by the court, advising them of their court date.
Writ of Possession
If the judge rules in favor of the landlord in the eviction proceedings, the tenant has five days to vacate the premises. This is the length of the mandatory period the tenant has to appeal the court’s decision. If the tenant is still living on the premises after the five days and has not filed an appeal, the landlord can go to court and request a Writ of Possession. This is an order from a judge to the constable’s office directing that the landlord be given possession of the premises. Officers from the constable’s office can remove the tenant and personal property from the dwelling.
WARNING: Before understanding the legal process for eviction of a tenant, it’s important that landlords understand that there is no other legal way to remove a tenant. A self-help or illegal eviction is when a landlord decides to take matters in his/her own hands without following the procedures prescribed by state and local law. To reiterate, it is ILLEGAL for a landlord to try and remove a tenant without use of the court system, and it should never be attempted, no matter how dire the situation may be.
Landlords should never:
* Change a lock
* Shut off utilities or permit a utility to be shut off
* Remove any of the tenant’s personal property from the premises
Disclaimer: This is not to be considered legal advice, but is only to be used as a guideline.
If you have any additional questions in regards to the eviction process you may want to seek legal advice.