A little bit of info for those who have the stomach to be landlords......
The eviction process is one no one likes to talk about, but it's a reality in the world of investment property. All of us have the heart to be a landlord, but only few of us have the stomach! If you don't have some extra money set aside for major repairs OR major move-outs, maybe you should re-think your stance on being the next real estate mogul in The Big Country!
- There are only 2 reasons someone can be evicted in the state of Texas: 1. Non payment of rent. 2. Violation of the lease. ( Non payment of the rent IS a violation of the lease.)
If your tenant does NOT pay their rent on time, here is what this office will do:
- A move out notice will be posted to the door, emailed and mailed to the tenant. The notice will give the tenant 3 days to vacate. If they are still in the home on day 4, an eviction will be filed with the Justice of the Peace. (JP)
- As of January 2025, the eviction fee is $134 for one tenant; $80 for each additional adult listed on the lease. ($214 for 2 adults) Once filed with the JP, we will be issued a court date approximately 2 weeks away. This fee will be charged to the tenant.
- On the day before the court date, the Property Manager (PM) will check on the home to see if the tenant has moved out or is still occupying the property. If the tenant is out, the clean up will begin and the job to get the home back on the rent list will be underway.
- If the home is still occupied, your PM will make arrangements to be in court. As of January 2024, a fee of $250 is charged for all court appearances. This fee will be charged to the tenant.
- Your property manager will attend the court date. Regardless of the attendance of the tenant, the JP will give the tenant 5 more days to vacate. If the tenant is still not out after day 5, your PM will file a writ of possession.
- The fee for a writ of possession is $150. This fee is paid to the JP's office and scheduled with the Constable's office. A day and time for a Sit-Out will be secured by the Constable for the writ within 2-3 days of filing/paying. The Constable will post a notice to the front door of the evicted property within 24 hours of filing/paying. This fee will be charged to the tenant.
- Once a writ of Possession has been scheduled, a Constable will physically knock on the property door, post a notice on the tenant door and warn the tenant of what is about to happen.
- The writ requires a locksmith & a haul off crew (at least 3 men depending on the size of the home and the suspicions of what items are inside the home) to be at the property on the day of the Sit Out. The fee for the Sit Out will vary depending on the time and number of trailers needed. This fee will be charged to the tenant.
- The home will be emptied and all items will be placed on the curb. Once the home is empty and the Constables have confirmed so, the haul off crew will load everything on a trailer and haul to the dump ground. This fee will be charged to the tenant.
- The fee for the haul off will vary. All fees are paid upfront by the PM, charged to the tenant and what is not covered by the deposit will be paid by the owner.
- As of January of 2024, a $250 court appearance fee has been added to cost of an eviction (or any other claim brought against Red Apple, REALTORS by a tenant or past buyer.) If an owner wishes to avoid this fee, the owner is welcome to appear in court in lieu of the property manager. All documents will be provided to the owner in advance of the court date so he/she can prepare.