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The eviction process starts with your landlord giving you a Notice to do or pay something, or to move out. If you don't do what your landlord asks, they can start an eviction case to ask the judge to order you to move out.

Eviction proceedings do not mean that a tenant will immediately be removed from their home. There are many steps in the eviction process that each take a certain amount of time. Until a writ of possession is issued, the tenant can remain in their home.

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Note: The specific circumstances of your situation may result in a slightly varied timeline. This is a general example of how long it may take for an eviction suit to take from start to finish.

Before a landlord can start legal eviction proceedings, they must give the tenant proper notice in writing. A written notification that the landlord would like the tenant to move out because the tenant has broken the lease is called a "notice to vacate." Texas law is very specific about how the notice must be given to the tenant and what it must contain.

If the notice is given in person or sent via the mail, the time given to move out before the landlord files an eviction suit starts running once it is delivered. If it is attached to the outside of the main entrance, the time starts running once the notice is affixed to the outside of the door, regardless of when the copy in the mail is delivered.

Once the time stated in the notice to vacate has passed, a landlord can file a suit to evict. This suit should be filed in the justice court where the rental property is located. If you are a landlord and do not wish to eFile the petition for an eviction suit, please check with your justice court for a form for the petition.

Once a final judgment has been entered and all deadlines have expired, the landlord may ask the judge to issue a "writ of possession." This is the final step in the eviction process. "Executing a writ of possession" is when a tenant and all their belongings and property are removed from the rental unit.

Tenants who live in public housing or receive subsidized housing vouchers have more rights than tenants renting from private landlords without assistance. You should seek legal assistance if you are in public housing or have a housing voucher and are being evicted, because an eviction could affect your right to receive further housing assistance.

Either a landlord or a tenant can appeal an eviction decision from small claims court to District Court by filing a Notice of Appeal with the clerk of court. Many tenants also file a Petition to Appeal as an Indigent and a Bond to Stay Execution (see the next two questions).

PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are hereby required to pay the above-listed amount in full OR quit the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent in full OR vacate the premises WITHIN days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute legal proceedings against you to recover rent, damages and possession of said premises.

PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to . Failure to perform aforesaid covenant(s) OR vacate the premises WITHIN days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute legal proceedings against you to recover rent, damages and possession of said premises.

PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are required to quit and deliver up possession of the premises to on or before that date. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute legal proceedings against you to recover rent, damages and possession of said premises.

PLEASE TAKE NOTICE that the tenancy under which you hold the possession of the herein described premises shall end days after service of this notice, and you are required to quit and deliver up possession of the premises to on or before that date. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute legal proceedings against you to recover rent, damages and possession of said premises.

Deliver the notice and sign an Affidavit of Service or hire a certified process server to legally serve the tenant(s). Make sure the service of the notice complies with applicable state laws. Many states have specific service requirements that must be met for the notice to be legally effective.

If the tenant(s) remain in possession of the property after the notice has expired, you can then proceed with a formal eviction case in local court. However, the eviction process is a large expense and you should try to work it out with the tenant(s) whenever possible.

If you end up having to file a formal eviction case, make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website.

Below is a list of details you may need when preparing an Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.

Failure to pay rent is the most common type of eviction notice and should be used to give tenants notice that (1) they owe past due rent for a specific period of time and (2) they must either pay the past due rent or vacate the property. The rent must actually be past the due date as explained in the lease or rental agreement. The amount owed should not include any late utility payments or any additional fees associated with the rent.

In most states, tenants who are late with rent payments are given a notice period to pay the past due rent before an eviction lawsuit can be filed. The tenant may correct the violation by paying the past due rent stated in the notice. However, if the tenant pays the overdue rent, the landlord will no longer have a legal cause for eviction unless there are other violations.

If the tenant has violated a provision of the lease or rental agreement (other than non-payment of rent), the landlord can give the tenant notice of the violation and explain that the violation needs to be remedied. This notice can be used for a variety of situations such as an unpaid security deposit, an unapproved pet, or a utility payment that is due. As long as the landlord can point to the section in the lease or rental agreement that is being violated, the landlord can give notice to the tenant to correct the violation or vacate the premises.

In many states, landlords do not need a reason to evict tenants with a periodic tenancy. Landlords only need to provide a written notice stating that they are terminating the tenancy on a specific date. The amount of notice is determined by the state and length of the tenancy or how long the tenant has occupied the property.

A Lease Holdover is a tenant who is remaining on the property after the lease has expired or after the landlord has given notice of termination of the lease. If the landlord continues to accept rent payments, the tenant can continue to legally occupy the property. However, if the landlord does not accept further rent payments, the landlord can give notice to the tenant to vacate the property. In some states, the landlord can immediately file an eviction lawsuit if the lease has expired. However, it is common courtesy to provide a tenant with a notice explaining they need to vacate the property immediately.

No matter how frustrated you may be, you should not try to remove a tenant without the proper legal action and paperwork. It is important to carefully document your communications and operate fully within the law. If you go rogue and take illegal actions such as turning off utilities, changing locks without a court order, or entering a unit without proper notice, you might end up on the losing side of a court battle. You will also want to refrain from excessive phone calls, text messages, or notes because it could be considered harassment. It is best that you work with a lawyer and follow the formal eviction process.

Normally, yes, and you may draft an Eviction Notice to initiate the process. However, due to the pandemic, there are a few special protections in place for tenants who cannot pay rent. Although the federal ban on eviction was struck down by the Supreme Court, state and municipal governments across the country have the authority to maintain their own regulations for evictions. Keep up with the ask a local lawyer for more specific input.

The amount of notice that landlords are required to give varies based on state law. There can also be different notice periods for nonpayment of rent compared to other lease violations. In a few states, no notice may be required for certain types of evictions, however, using the legal court process is still required. Typically, the eviction notice period can range between 3 and 30 days depending on the state, with the most common times being 3, 5, or 7 days. When you make an Eviction Notice with Rocket Lawyer, your document will automatically be populated with the legal notice period required in your state.

Landlords may also delay filing an eviction lawsuit in court to provide the tenant more time to move out or fix whatever issue prompted the Eviction Notice. This can often be the result of negotiating with a tenant after providing an Eviction Notice. Long delays or failed negotiations, however, may require restarting the process and sending a new Eviction Notice.

In most cases, you can evict month-to-month tenants without cause. You'll need to verify the local requirements, but in most areas, you can serve a 30- or 60-day notice of termination. Before you deliver the notice, verify that the original lease did not automatically roll over into a new rental contract. If an active Lease Agreement still exists, you will need to comply with the terms of that lease. ff782bc1db